“Romagate”: Ali Baba and the Forty Thieves – Lessons by Chantal Brunel

The French “Romagate” affair tells us more about the state of the European Union than the speech of Commission president José Manuel Barroso ever did.



The shouted and whispered words open a treasure cave, as in Ali Baba and the Forty Thieves. They act as our “Open Sesame”, giving us access to most valuable insights.

Even if media attention has shifted to new subjects, it is worthwhile to recall the discussions and to assess their meaning for the EU, using “Romagate” as a learning experience.



Long before Grahnlaw showed president Nicolas Sarkozy a red card (or two), the Euroblog of Fabien l’Européen sent off the UMP spokesperson Chantal Brunel for the following remark:

« la France est une nation souveraine ; on n’a pas des leçons de morale à recevoir d’une commissaire qui représente un petit pays [le Luxembourg] de 350 000 habitants. Nous sommes un grand pays de 57 millions d’habitants ».

If we start from the end, Fabien Cazenave points out that France has 65 million inhabitants.



I find it fascinating that the spokesperson for the government party in an EU member state is unaware of the size of the population in her own country. According to Eurostat figures for 2010, the French population is 64,713,762, which we can round off to the 65 million Cazenave mentions.

Proportionately, the error concerning Luxembourg was even greater, since Eurostat reports a population of 502,066.

However, these misstated facts are just minor imperfections compared to the legal and political ignorance Brunel managed to show in two short sentences.

Commissioner Viviane Reding is from Luxembourg, admittedly a small member state, but she does not represent her country.



On 3 May the members of the European Commission, including commissioner Reding, made the following solemn declaration 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 undertaking of each Member State to respect this principle and 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 obligation 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.

Even if the solemn oath can be seen as an arcane detail, known only to EU buffs, I would expect those with major responsibilities among members of national parliaments to be reasonably aware of basics concerning the European Union.

According to Article 17 TEU, the Commission shall promote the general interest of the European Union. It shall also ensure the application of the Treaties and EU law, under the control of the Court of Justice of the European Union.

Member states shall respect the independence of the members of the Commission and shall not seek to influence them in the performance of their tasks (Article 245 TFEU).

If a member state fails to fulfil an obligation under the Treaties, the Commission can initiate an infringement procedure (Article 258 TFEU).

When Chantal Brunel defends a government caught red-handed and its ministers misrepresenting the facts, she forgets that France has voluntarily pooled parts of its sovereignty in favour of the rules based system of the European Union.

When Brunel attacks commissioner Reding, she seems to be unaware of the fact that the Commission speaks for the general interest of 501 million EU citizens, not the particular interests of the country of origin of each member of the college.

The European Union shall respect the equality of member states before the Treaties (Article 4 TEU), so the population size of the country does not even enter into the equation of adherence to the rules. Morally, one could argue, a founding member could be expected to lead by example.

In just two sentences, Chantal Brunel has taught us many valuable lessons.



Among the several reactions from the UMP government majority, the Euroblog of Euros du Village was even ready to declare Brunel the “winner”, in: France : les ravages du déshonneur.




Ralf Grahn

Brainstorming at Conservative HQ ─ Cameron’s brainchild

They must really have gotten into their brainstorming sessions at the UK Conservative Party’s headquarters lately, during the final sprint towards the European elections.

The ever reliable Sun reports party leader David Cameron saying: BRITAIN'S EU Commissioner would have to publish expense claims for the first time under a Tory government.



Perhaps this latest brainchild should be accepted as a product of electioneering at high pressure, but glorious sound bites need a closer look, especially if they come from someone who may lead a government in a not too distant future.



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If the EU’s Treaty of Lisbon enters into force, the United Kingdom is guaranteed a Commissioner from 2009 to 2014. Under the Treaty of Nice, the number of Commissioners has to be cut.

The next British national to enter the Commission will probably be nominated by the current Labour government.

In all probability, Cameron’s “promise” could take effect in 2014, at the earliest, if the person proposed by the Conservative government undertakes to let “Cameron publish” his or her expense claims.

I would, however, request David Cameron to seek legal advice on the matter. If he already has, I would appreciate the opportunity to see the reasoning.

True, the members of the Commission are nationals of the member states and proposed by them. But the Commission’s task is to look after the general interest of the European Community (European Union).

The Commissioners are to be completely independent in the performance of their duties. They shall neither seek nor take instructions from any government or from any other body.

They are, of course, Commission officials and duty bound to follow its rules and procedures, and breaches are subject to the control of the Court of Justice.


***

Media politics has evolved into a universe of its own, but would you hand the keys of government to this man?



Ralf Grahn

Ethelred’s European manifesto (UK-EU)

After knocking on the door for twelve years, the United Kingdom was finally let into the European Economic Community in 1973. About three and a half decades later large parts of the media, the political elites and the population still treat European integration as an endeavour alien to the native spirit. The degree of estrangement from the European Union seems to be on the increase.

Perhaps a few mock historical texts are needed to liberate Europe from this sceptred isle, gliding towards Manhattan.

***

Ethelred

Despite the misfortunes of Ethelred the Unready, his doomed fight against continental invaders is as noble as his words: British serfdom for British serfs. We shall defend our island, whatever the cost may be. We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender.


Declaration of Independence

When in the Course of human events, it becomes necessary for one People to dissolve the Political Bands which have connected them with the EU, and to assume among the Powers of the Earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

We have jointly granted us the Laws, the most necessary and wholesome for the public Good …


***

If distortions are detected, you can rest assured that they serve a noble cause, the restitution of Ethelred’s glory.

Perhaps the rest of Europe could get back to business.


Ralf Grahn

National central banks: EMU compatible legislation

The Treaty on European Union (Treaty of Maastricht) entered into force fifteen years ago, on 1 November 1993. Among the main novelties were the provisions on economic and monetary union (EMU).

Preparations for the third stage of EMU, including the European System of Central Banks (ESCB) and the European Central Bank (ECB) as well as the single currency, later given the name ‘euro’, required adaptation of national legislation in the member states.

The third stage of EMU began on 1 January 1999.



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Current treaty

Article 109 (ex Article 108) of the Treaty establishing the European Community (TEC) sets out the obligation of the member states to adapt their legislation to the treaty provisions on economic and monetary union, including the ESCB Statute (as in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/89):

Article 109 TEC

Each Member State shall ensure, at the latest at the date of the establishment of the ESCB, that its national legislation including the statutes of its national central bank is compatible with this Treaty and the Statute of the ESCB.

***

Original Lisbon Treaty

In Article 2, point 94, of the original Treaty of Lisbon (ToL) the IGC 2007 amended Article 109 (OJ 17.12.2007 C 306/74):

94) In Article 109, the words ‘, at the latest at the date of the establishment of the ESCB,’ shall be deleted.

***

Renumbering

The TFEU table of equivalences confirms that Article 109 TFEU (ToL) in the original Treaty of Lisbon was to be renumbered Article 131 TFEU in the consolidated version, under the title ‘Economic and monetary policy’, renumbered Title VIII (OJ 17.12.2007 C 306/214).

(In the consolidated version of the Lisbon Treaty, OJ 9.5.2008 C 115, the Tables of equivalences start on page 361, but the ToL numbers have been omitted.)

***

Consolidated Lisbon Treaty: TFEU

Article 131 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/104:

Part Three Union policies and internal actions

Title VIII Economic and monetary policy

Chapter 2 Monetary policy

Article 131 TFEU
(ex Article 109 TEC)

Each Member State shall ensure that its national legislation including the statutes of its national central bank is compatible with the Treaties and the Statute of the ESCB and of the ECB.

***

The European System of Central Banks (ESCB) is up and running. The words referring to its establishment have become redundant, but the obligation to ensure the compatibility of national legislation with the treaties (third stage of EMU) is ongoing, with the national central bank participating in the ESCB and independent from political interference.

Old or new EU member states are required to adapt their national legislation before being admitted to the Eurosystem. (See the latest Convergence Report of the ECB, May 2008, with regard to the non-euro area member states.)


Ralf Grahn

European Central Bank independence

This is one of the treaty provisions president Nicolas Sarkozy should read and remember, both as the acting president of the European Council and as the elected president of France.

We start to look at the European Union (European Community) treaty provisions in an expedited manner, presenting the current Article text, the Lisbon Treaty amendments and the consolidated text of the Treaty on the Functioning of the European Union (TFEU). Comments are kept to a minimum, unless discussion or other reasons precipitate us into a more lavish treatment.


***

Article 108 (ex Article 107) of the Treaty establishing the European Community (TEC) sets out the independence of the European Central Bank (ECB), the national central banks and the members of their decision-making bodies (as in the latest consolidated version of the treaties, OJ 29.12.2006 C 321/88):

Article 108 TEC

When exercising the powers and carrying out the tasks and duties conferred upon them by this Treaty and the Statute of the ESCB, neither the ECB, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions from Community institutions or bodies, from any government of a Member State or from any other body. The Community institutions and bodies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the ECB or of the national central banks in the performance of their tasks.

***

Original Lisbon Treaty

In Article 2, point 93 of the original Treaty of Lisbon (ToL) the IGC 2007 amended Article 107 TEC and in point 94 it dealt with Article 109 TEC (OJ 17.12.2007 C 306/74):

In other words, there are no express amendments to Article 108 TEC.

***

Renumbering

The TFEU table of equivalences confirms that Article 108 TFEU (ToL) in the original Treaty of Lisbon was to be renumbered Article 130 TFEU in the consolidated version, under the title ‘Economic and monetary policy’, renumbered Title VIII (OJ 17.12.2007 C 306/214).

(In the consolidated version of the Lisbon Treaty, OJ 9.5.2008 C 115, the Tables of equivalences start on page 361, but the ToL numbers have been omitted.)

***

Consolidated Lisbon Treaty: TFEU

Article 130 of the Treaty on the Functioning of the European Union (TFEU) is found in the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/104:

Part Three Union policies and internal actions

Title VIII Economic and monetary policy

Chapter 2 Monetary policy

Article 130 TFEU
(ex Article 108 TEC)

When exercising the powers and carrying out the tasks and duties conferred upon them by the Treaties and the Statute of the ESCB and of the ECB, neither the European Central Bank, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions from Union institutions, bodies, offices or agencies, from any government of a Member State or from any other body. The Union institutions, bodies, offices or agencies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the European Central Bank or of the national central banks in the performance of their tasks.

***

In the Treaty of Lisbon, the Statute of the European System of Central Banks and of the European Central Bank has become Protocol No 4 (OJ 9.5.2008 C 115/230), but the wording of Article 130 TFEU is faithfully reproduced.

Article 130 TFEU prohibits both taking and giving instructions.

Even after the mini-treaty, Article 131 TFEU requires the national legislation including the statutes of each national central bank to be compatible with the treaties and the ESCB Statute.

Independence of the national central bank is one of the admission criteria to the third stage of economic and monetary union (EMU), i.e. entering the Eurosystem. See Article 140(1) TFEU.


Ralf Grahn

EU Treaty of Lisbon: European Commission

The European Union has become a victim of its own success. Institutional arrangements designed for the original Communities with six Member States have had to accommodate 27 members and the prospect of more entrants. Successive Treaty reforms, including the Lisbon Treaty, have tried to address the needs of an enlarged Union.

The Member States have, reluctantly, agreed to limit the future size of the Commission, but they have not been able to renounce the principle of national representation. Consequently, the Treaty of Lisbon introduces a system of equal rotation from 2014, which means that the next Commission, from 2009, is going to have one representative from each Member State.

***

Articles 211 to 219 of the existing Treaty establishing the European Community (TEC; latest consolidated version OJ 29.12.2006, C 321 E) deal with the Commission.

The Convention proposed two Articles on the Commission, I-25 on the European Commission and I-26 on its President.

In the Treaty establishing a Constitution for Europe (OJ 16.12.2004, C 310) the Member States signed on to Article I-26 The European Commission and Article I-27 The President of the European Commission.

***

I decided not to compare the various stages from the existing Treaties to the Lisbon Treaty. A few general comments from an EU citizen:

The European Commission shall promote the general interest of the Union. Subject to democratic scrutiny by the European Parliament, the Commission’s mission is, or should be, near the interests of the citizens of the Union.

On the whole, the Commission’s powers to propose legislation and to act as guardian of the Treaties, is in the interests of the citizens of the EU.

The June 2009 elections to the European Parliament are going to become more interesting if the European political parties nominate their candidates for the office of President of the Commission. But the rest of the Commission is still going to consist of Member State appointees.

A long term view would be to create a democratically accountable executive based on the election results. This would call for further reforms making clearer distinctions between political leadership (norms, resources, objectives) and more apolitical regulatory and management functions (delegated to various bodies).

But would politically responsible members of the Commission be less conscious of the general interest or less independent than the present ones, who are more or less directly appointed by the Member States?

The new ‘Commission’ would shoulder the executive powers of the Union, including foreign, security and defence policy. Democratic scrutiny would be exercised by a European Parliament with a directly elected first chamber representing the citizens and a second chamber representing the Member States.

The Lisbon Treaty is a halfway house between democratic accountability and Member States’ representation concerning the European Commission.

***


The Treaty of Lisbon (OJ 17.12.2007, C 306) inserts an Article 9d into the Treaty on European Union (TEU).


Article 9d
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.

2. Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise. Other acts shall be adopted on the basis of a Commission proposal where the Treaties so provide.

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.

4. The Commission appointed between the date of entry into force of the Treaty of Lisbon and 31 October 2014 shall consist of one national of each Member State, including its President and the High Representative of the Union for Foreign Affairs and Security Policy who shall be one of its Vice-Presidents.

5. As from 1 November 2014, the Commission shall consist of a number of members, including its President and the High Representative of the Union for Foreign Affairs and Security Policy, corresponding to two thirds of the number of Member States, unless the European Council, acting unanimously, decides to alter this number.

The members of the Commission shall be chosen from among the nationals of the Member States on the basis of a system of strictly equal rotation between the Member States, reflecting the demographic and geographical range of all the Member States. This system shall be established unanimously by the European Council in accordance with Article 211a of the Treaty on the Functioning of the European Union.

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.

8. The Commission, as a body, shall be responsible to the European Parliament. In accordance with Article 201 of the Treaty on the Functioning of the European Union, the European Parliament may vote on a motion of censure of the Commission. If such a motion is carried, the members of the Commission shall resign as a body and the High Representative of the Union for Foreign Affairs and Security Policy shall resign from the duties that he carries out in the Commission.

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The High Representative of the Union for Foreign Affairs and Security Policy is next.


Ralf Grahn

Declaration of Independence 1776

It started on a high note and with forceful, poetic language. Even now, more than two centuries later, the Declaration of Independence 1776 proclaims principles that are out of reach for large parts of humanity and pose a challenge for political leaders even in the so called advanced democracies of the world:

"We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness - That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed ...".

The Declaration of Independence was followed by the Constitution of the United States of America in 1787, a constitution still in force.

In comparison, the history of Europe makes for grim reading until the end of World War II, and in Eastern Europe well beyond that.


Ralf Grahn