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Dilyn the Downing Street Dog to become UK’s new EU Commissioner?
Why no Brexiteer could become an EU Commissioner, plus lighthearted solutions for Boris
Yesterday the EU threatened the UK with legal action over the Prime Minister’s refusal to nominate a UK candidate for the new EU Commission which was supposed to have taken office two weeks ago.
Below we present the main facts readers need to know, together with a helpful solution to Boris Johnson’s dilemma.
Brexit Facts4EU.Org Summary
- Each country is required to put forward a candidate for one of the 28 EU Commissioner roles
- The new Commission was supposed to have taken office on 01 Nov 2019, now re-set for 01 Dec
- The selection process has been going on for months and still isn’t complete – regardless of the UK
- The EU Parliament questions each candidate put forward – for many hours
- So far three candidates have been rejected, including President Macron’s French nomination
- The EU Commission President-elect was still changing job titles the day before yesterday
What did the EU threaten the UK with yesterday?
Yesterday the EU announced the following:-
“As the Guardian of the Treaties, the European Commission has today sent a letter of formal notice to the United Kingdom for breaching its EU Treaty obligations by not suggesting a candidate for the post of EU Commissioner. The UK authorities have until Friday 22 November at the latest to provide their views. This short time period is justified by the fact that the next Commission must enter into office as soon as possible.”
The Prime Minister has twice written to the EU Commission explaining that convention stipulates that no UK Government can make a major international appointment during the period of a general election. The EU’s response is that EU law trumps UK laws and conventions. It has now issued a “letter of formal notice” to the UK.
The EU has a set a deadline of Friday 22 November – only nine days from the date of its statement yesterday – for Mr Johnson to provide a candidate. The reasons it gives for the short timescale is that “the next Commission must enter into office as soon as possible.”
Why the EU is on shaky ground
This is easily open to challenge on many levels. Firstly, the new Commission was supposed to have taken office on 01 Nov 2019. This has not happened and the EU has conspicuously failed to publicise this in any way. If the EU can break its own rules and deadlines, why can’t the UK?
The reasons for the delays are nothing to do with the UK. The new EU Commission President-Elect, Frau Ursula von der Leyen, was a last-minute compromise candidate and this caused major ructions in the EU Parliament. Three of her subsequent candidates for the Commission were then rejected by the MEPs. Hearings for candidates continue.
Secondly, an examination of Article 246 of the ‘Consolidated version of the Treaty on European Union and the Treaty on the Functioning of the European Union’ reveals the following:-
“The [EU] Council may, acting unanimously on a proposal from the President of the Commission, decide that such a vacancy need not be filled, in particular when the remainder of the Member’s term of office is short.”
Problem for UK candidates – the EU requires Commissioners to take an EU Oath of Allegiance
It has previously been suggested that Mr Johnson could propose someone such as Nigel Farage to be the UK’s candidate. Whilst this is tempting, there is a problem.
The EU brooks no dissent. It requires all Commissioners to go to the European Court of Justice in Luxembourg and swear an Oath of Allegiance to the EU in front of the Justices. Here is what they must say.
Brexit Facts4EU.Org Summary
EU’s Oath of Allegiance for all EU Commissioners
“SOLEMN UNDERTAKING given before the COURT OF JUSTICE OF THE EUROPEAN UNION pursuant to Article 17 of the Treaty on European Union and Article 245 of the Treaty on the Functioning of the European Union.
Having been appointed as a Member of the European Commission by the European Council, following the vote of consent by the European Parliament I solemnly undertake:
- to respect the Treaties and the Charter of Fundamental Rights of the European Union in the fulfilment of all my duties;
- to be completely independent in carrying out my responsibilities, in the general interest of the Union;
- in the performance of my tasks, neither to seek nor to take instructions from any Government or from any other institution, body, office or entity;
- to refrain from any action incompatible with my duties or the performance of my tasks.
I formally note the obligation laid down under the Treaty on the Functioning of the European Union, by virtue of which each Member State is to respect this principle and is not to seek to influence Members of the Commission in the performance of their tasks.
I further undertake to respect, both during and after my term of office, the obligations arising therefrom, and in particular the duty to behave with integrity and discretion as regards the acceptance, after I have ceased to hold office, of certain appointments or benefits.”
Still, at least Mr Farage would get time to tell the EU Parliament what he thinks of them
Despite being the largest single political party in the EU Parliament, the arcane rules of that institution mean that he is only given one or sometimes two minutes to address the MEPs. This is because the Brexit Party is not part of any grand alliance of other parties in the parliament. Leaders of the main groups – such as Guy Verhofstadt – get much longer to speak.
As a candidate for Commissioner, Mr Farage would get many hours in public in front of various committees, as well as a three hour session in front of the entire EU Parliament, which would be streamed live. He would of course be rejected by the Parliament, but it would undoubtedly involve much fun in the process.
We have a solution for the Prime Minister
The EU is at heart a bureaucracy. It moves with incredible slowness, as anyone who has studied our reports on the decades it takes them to agree free trade deals will know.
We suggest the PM takes advantage of this, by making a nomination for the UK’s candidate for EU Commissioner at the last minute, on Friday 22 November.
We further propose that he nominates Dilyn Symonds-Johnson, the Downing Street dog.
There is of course a grand tradition of dogs standing for election. Who can forget Minnesota, where a 7-year-old Great Pyrenees named Duke trounced the competition, and was elected mayor by a landslide. He has been re-elected for two further terms.
Dilyn the Brexit Terrier
We can only see Dilyn making a superb candidate. He is, after all, a terrier, so he might shake the place up a bit.
True, he might have to spend time away from home for a few months, but if he’s a true Brexiteer as we suspect, we’re sure he’ll do his bit and put country before Boris and Carrie.
On a slightly more serious note
On a slightly more serious note, the EU takes forever choosing Commissioners. There is no chance of any UK nomination being approved before the EU’s latest and extended deadline of 01 December to have a Commission in place.
The Prime Minister could easily drag this out until 31 January, by nominating a succession of candidates who would never be approved by the extremist and arch-federalists who populate the EU Parliament.
(Glad to be of help. And you’re welcome, Boris.)
Observations
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[ Sources: EU Commission | EU Parliament ] Politicians and journalists can contact us for details, as ever.
Brexit Facts4EU.Org, 15 Nov 2019
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