La Commission, c’est moi?
Contrary to cartoonish portrayals of Ursula von der Leyen as a latter-day Caesar, who may be illegitimately presidentialising the Commission, the current Commission President is merely furthering a more centralised vision of the institution that is implicit in the extent of her organisational powers under Article 17(6) TEU. While there are strong legal and constitutionally moral arguments for an alternative, more plural executive understanding of the Commission, the Treaties leave room for a contest between presidentialist and pluralist visions to take place across time in the political arena. Moreover, a more presidential conception of the Commission, while it may raise some questions regarding the mode of election of the Commission President and the role of the Commission, may also possess some positives.
Continue reading >>
Aristotle in the Commission
Today, the European Commission issued its fifth Annual Rule of Law Report (ARoLR). While this monitoring exercise has come a long way and has been significantly improved, the rule of law backsliding remains one of the most pressing issues of the EU. In the following I present seven recommendations how to improve the Commission’s monitoring exercise. At the core lies a differentiation between a democracy and a hybrid regime. Once a Member State qualifies as the latter, it must be treated accordingly.
Continue reading >>