whodoicall.eu

The call for One President of the EU raises many questions. Here we try to answer as many of them as possible. An introduction to the initiative is given in the Launch Press Release. If you feel your question is not yet adequately answered, please contact us.

1. What about separation of powers?
2. What about democracy?
3. What about efficiency?
4. What about the Commission President and the European Parliament elections?
5. Who else has debated this idea?
6. Why are we using a Henry Kissinger quote?
7. Is it actually legally possible to unite the post of Commission President and President of the European Council under the forthcoming Lisbon Treaty?

1. What about separation of powers?
The merging of the two positions in the hands of one person would not necessarily blur the separation of powers as both posts are mostly executive (as well as representative) powers. Most EU member states as well as the USA seem to manage just fine with mixtures of powers: e.g. in Germany and the UK most ministers (=executive) are also members of parliament (=legislative). In Britain judges (=judiciary) can be members of parliament and in the US the Vice-President is ex officio chair of the Senate (and decides if there is a split vote).

2. What about democracy?
One President of the EU would actually be a more democratic solution than is currently foreseen. The reason is that the Commission President is chosen as a result of the European Parliament elections. This enables a direct link between the wishes of the electorate and the composition of the executive. Such a system, as is common in any EU member state democracy, stimulates considerable democratic debate and transparency. All candidates are declared publicly before running – and hence scrutinised by the electorate. The European Council President does not have any proper direct legitimacy if he or she is appointed alone and Heads of State and Government make the choice. The most likely agreement on this person is after a long and secret night of negotiations behind closed doors – no democratic legitimacy.

3. What about efficiency?
No doubt One President of the EU would clearly create synergies and more efficient action because s/he would streamline the policies of the Commission and member states. The likely alternative – with too reasonably strong personalities – would result in an ongoing competition over media time, competence in the drawing up of the wider policy guidelines, and in the worst case an institutionalised fight between Commission and European Council.

4. What about the Commission President and the European Parliament elections?
The wish for one person to be President of the European Commission and President of the European Council is in no way contradictory to the old federalist request that the European Commission President should be accountable to the European Parliament, and that the European Political Parties should put forward candidates for the Commission President (who would in turn also be the European Council President in our system).

If you back the idea of an accountable Commission have a look at Nyt Europa’s “Who’s Your Candidate” – there is no contradiction between their demands and those of whodoicall.eu

5. Who else has debated this idea?
Recently the issue has been raised by Åsa Westlund MEP and Adam Daniel Rotfeld, former Polish Foreign Minister. The original debate about the issue was in the Convention on the Future of Europe in 2003 and 2004 – more here.

6. Why are we using a Henry Kissinger quote?
Simple – Henry Kissinger’s quote about Europe is probably the best known quote there is about the EU. That’s why we used it. We don’t especially like or dislike Kissinger, and we for sure do not want the EU to necessarily respond to American demands Using the quote just made the site a bit more fun or catchy than a campaign for ‘One President’ or something like that.

7. Is it actually legally possible to unite the post of Commission President and President of the European Council under the forthcoming Lisbon Treaty?
The answer is political and legal. In general the provisions do not directly restrict the unification of the two posts. Only the new article 245 does not allow the Commission President to engage in any “other occupation”. But chairing a meeting of the European Council is not an occupation. We are confident that the legal services of the institutions and member states will be able to interpret this in the way they intend (as they so often do in other matters of political Kompetenzstreit).

In any case we believe that one President needs to be found for the beginning 2009 term of the Commission. During that mandate the Treaties can be improved after an initial evaluation. – As they will probably have to be anyways due to open questions on other competences.

Here are the Lisbon Treaty’s provisions on the role and duties of Commission President (and European Council President) [our emphasis]:

ARTICLE 9b [European Council]

1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.

2. The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.

5. The European Council shall elect its President, by a qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President’s term of office in accordance with the same procedure.

6. The President of the European Council:

(a) shall chair it and drive forward its work;

(b) shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council;

(c) shall endeavour to facilitate cohesion and consensus within the European Council;

(d) shall present a report to the European Parliament after each of the meetings of the European Council.

The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.

The President of the European Council shall not hold a national office.

ARTICLE 9 D [Commission]

1. The Commission shall promote the general interest of the Union and take appropriate initiatives to that end. It shall ensure the application of the Treaties, and of measures adopted by the institutions pursuant to them. It shall oversee the application of Union law under the control of the Court of Justice of the European Union. It shall execute the budget and manage programmes. It shall exercise coordinating, executive and management functions, as laid down in the Treaties. With the exception of the common foreign and security policy, and other cases provided for in the Treaties, it shall ensure the Union’s external representation. It shall initiate the Union’s annual and multiannual programming with a view to achieving interinstitutional agreements.

3. The Commission’s term of office shall be five years.
The members of the Commission shall be chosen on the ground of their general competence and European commitment from persons whose independence is beyond doubt.
In carrying out its responsibilities, the Commission shall be completely independent. Without prejudice to Article 9 E(2), the members of the Commission shall neither seek nor take instructions from any Government or other institution, body, office or entity. They shall refrain from any action incompatible with their duties or the performance of their tasks.

6. The President of the Commission shall:

(a) lay down guidelines within which the Commission is to work;
(b) decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body;
(c) appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the members of the Commission.
A member of the Commission shall resign if the President so requests. The High Representative of the Union for Foreign Affairs and Security Policy shall resign, in accordance with the procedure set out in Article 9 E(1), if the President so requests.

7. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure.

The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph.

The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority.

Article 245 [probably]

The members of the Commission shall refrain from any action incompatible with their duties. Member States shall respect their independence and shall not seek to influence them in the performance of their tasks.

The members of the Commission shall not, during their term of office, engage in any other occupation, whether gainful or not. When entering upon their duties they shall give a solemn undertaking that, both during and after their term of office, they will respect the obligations arising therefrom and in particular their duty to behave with integrity and discretion as regards the acceptance, after they have ceased to hold office, of certain appointments or benefits