The European Commission launched an infringement procedure against the United Kingdom on Thursday 14 November after the British Ambassador to the EU, Tim Barrow, had formally informed the Commission the previous evening that the British authorities would not appoint a European Commissioner to sit on the von der Leyen team until a new British government is in place.
As "guardian of the Treaties", the Commission therefore on Thursday evening sent a letter of formal notice to the United Kingdom, which is not complying with its obligations as a Member State.
The country has until 22 November to nominate a commissioner. This tight deadline is justified "by the fact that the Commission must enter into force as soon as possible", according to a press release. After 22 November, the European institution may send a reasoned opinion.
The Commission had taken "very detailed" consideration on Thursday on what "its next step", should be, as Dana Spinant, spokesperson for President-elect Ursula Von der Leyen, had stated earlier in the day.
Boris Johnson's government has received two successive letters from President-elect Ursula von der Leyen inviting him to nominate a candidate, as is a member state's obligation (see EUROPE 12367/2).
The British response of 13 November highlights the impossibility for the acting Johnson government to comply with this obligation, due to the election campaign for the parliamentary elections of 12 December. In this context, the UK authorities will not be able to appoint a Commissioner until the newly elected government is formed.
In this letter, however, the United Kingdom acknowledges "obligations" and states that "it does not want to delay the formation of the Commission", Ms Spinant added. She reiterated the President-elect's aim for her team to start its work on "1 December". In the letter, the United Kingdom also expressed its "desire to cooperate with the Commission in training" the new team, she added.
For the 'von der Leyen' Commission to take office on 1 December, the Hungarian, Romanian and French candidate Commissioners must also be approved by the European Parliament and the European Parliament has to confirm the entire College by the end of November (see other news).
In the absence of a British Commissioner, the possibility of an infringement procedure decided by the current Commission has been circulating in recent days as a way of giving more legal standing to the Commission.
Others also believe that the European Council could also decide unanimously to reduce the size of the College of Commissioners. (Original version in French by Solenn Paulic)