In a statement adopted by the ambassadors of the member states to the EU at the end of March, the Council of the EU argues that the provision concerning the European elections in the framework agreement between the European Parliament and the European Commission breaches the institutional balance.
By calling for Parliament's agreement to determine the conditions under which a Commissioner may participate in the European elections, “the agreement grants the European Parliament a power not conferred upon it by the treaties and thereby limits the autonomy of the Commission and of its President, thus infringing the principle of institutional balance laid down by the Treaties”, the statement reads.
As revised in Strasbourg at the February plenary session (see EUROPE 11956), the Parliament/Commission framework agreement states that Commissioners standing for the European elections may be appointed by the European political parties as head of list ('Spitzenkandidat') for the post of President of the Commission. The President of the Commission notifies the Parliament in a timely fashion whether one or more Commissioners intend to stand as candidates for the European elections and to participate in the election campaigns on that head.
At the end of February, the Twenty-Seven expressed no opposition in principle to the Spitzenkandidaten process, but they object to the head of list of the winning European political party in the elections automatically taking the Presidency of the European Commission (see EUROPE 11968).
In its statement, the Council stresses that it will “submit to the Court of Justice any act or action of the European Parliament or of the Commission performed in application of the provisions of the framework agreement that would have an effect contrary to the interests of the Council and the prerogatives conferred upon it by the Treaties”.
The ninth election by universal suffrage of representatives to the European Parliament will take place between 23 and 26 May 2019. (Original version in French by Mathieu Bion)