tag:blogger.com,1999:blog-492174345240444269.post7935122758588799480..comments2023-09-09T14:46:37.354+02:00Comments on Julien Frisch: Will the High Representative come into office against the Lisbon Treaty rules?Julien Frischhttp://www.blogger.com/profile/18167141111642456560noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-492174345240444269.post-49766938027898300602009-11-24T22:39:29.863+01:002009-11-24T22:39:29.863+01:00Start an Access to Information request on the Coun...Start an Access to Information request on the Council Legal Services, if you want to know if its legal or not. Or even the Commission or Parliament legal services.<br /><br />(Re: ECJ, Joined Cases C-39/05 P and C-52/05 P Sweden and Turco v. Council [2008] ECR I-4723), information dealing with transparency and political accountability cannot be shielded from public access. <br /><br />Wonderful piece of case law by the ECJ in my opinion.Brodie Houlettehttp://euliberaldemocrat.blogspot.com/noreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-50215054162988455932009-11-16T18:07:48.489+01:002009-11-16T18:07:48.489+01:00Anonymous,
However, the Barroso I Commission has...Anonymous, <br /><br />However, the Barroso I Commission has already been in office beyond its term, so we are actually talking about the inverted situation. <br /><br />I still think that the (Swedish) Council (Presidency) should clarify all matters pertaining to Lisbon Treaty implementation to the public in a systematic manner.Ralf Grahn https://www.blogger.com/profile/02156293782163802007noreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-29612221208929888942009-11-16T17:25:20.562+01:002009-11-16T17:25:20.562+01:00Article 5 of the Protocol on transitional provisio...Article 5 of the Protocol on transitional provisions means that the High Rep will be able to take office legally from the moment the Lisbon Treaty enters into force: "The members of the Commission in office on the date of entry into force of the Treaty of Lisbon shall remain in office until the end of their term of office. However, on the day of the appointment of the High Representative of the Union for Foreign Affairs and Security Policy, the term of office of the member having the same nationality as the High Representative shall end." So I can't see there being any legal problems with appointing a High Rep to be a member of the Barroso I Commission from 1 December. It's not clear if such an individual will have to undergo a specific hearing in the European Parliament. My guess is (s)he will, probably twice: once in December and then again in January during appointment for Barroso II, presuming the same individual is to be retained as High Rep.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-64433503595316475112009-11-15T20:58:18.958+01:002009-11-15T20:58:18.958+01:00I hope for the Parliament to act if the Finnish PM...I hope for the Parliament to act if the Finnish PM turns out to be correct.Julien Frischhttps://www.blogger.com/profile/18167141111642456560noreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-20550650672618571502009-11-14T22:32:47.642+01:002009-11-14T22:32:47.642+01:00I put my hope into the idea that the European Parl...I put my hope into the idea that the European Parliament will prevent that from happening and if the Council will dare to ignore the Parliament also use its full range of powers to make itself heard. May that be not "electing" the new Commission until the Council moves, or calling the European Court of Justice because of violation of primary EU law. <br /><br />Am I naive?Slartibartfasnoreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-39671990145097153512009-11-14T17:13:03.927+01:002009-11-14T17:13:03.927+01:00Interesting that Margot Wallström, in her call for...Interesting that Margot Wallström, in her call for comments on the new "EU Citizen's Initiative", notes especially that the "old Commission" (in her words) will not be dissolved until the end of January (after the EP review of proposed Commissioners.<br /><br />Maybe the Finns (and/or the Council) have taken the view that, as the Commission President's appointment is in the Council's remit, so too is that of his Deputy - ie the High Representative.<br /><br />As Ralf says, a "need for clarification".french dereknoreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-35628640991428004752009-11-14T14:21:20.035+01:002009-11-14T14:21:20.035+01:00Julien,
You are right to ask these questions. I ...Julien, <br /><br />You are right to ask these questions. I have been thinking about this and a few other matters concerning the shift from the Nice Treaty to the Treaty of Lisbon, and there seems to be a need for clarification with regard to both legal and political aspects, as I wrote in a blog post this morning.Ralf Grahn https://www.blogger.com/profile/02156293782163802007noreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-89505561421643896862009-11-14T12:53:31.496+01:002009-11-14T12:53:31.496+01:00They probably have.
Maybe the legal service even ...They probably have.<br /><br />Maybe the legal service even advised them to proceed like this. Who knows... (beside those behind the closed doors).Julien Frischhttps://www.blogger.com/profile/18167141111642456560noreply@blogger.comtag:blogger.com,1999:blog-492174345240444269.post-70243979073923531452009-11-14T12:43:07.948+01:002009-11-14T12:43:07.948+01:00I wonder if they have asked the Council's Lega...I wonder if they have asked the Council's Legal Service for advice on this before announcing it?David Schoiblhttp://www.lme-lse.org.uknoreply@blogger.com