Bulletin n. 1/2016
June 2016
INDICE
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
  • Fabio Spitaleri
    L'equilibrio istituzionale fra Parlamento europeo e Consiglio europeo nella nomina del Presidente della Commissione
    in Diritto dell'Unione europea , No. 4 ,  2015 ,  839-863
    Article 17(7) TEU regulates the nomination of the President of the European Commission. According to the current legal framework, the designation of this body is the result of the institutional dialogue between the European Council and the European Parliament, that is facilitiated by appropriate consultations. The balance of power provided for by the Treaties puts the two involved institutions, at least in principle, in an equal position: they are jointly responsible for the smooth running of the process leading to the election of the President of the Commission. On the occasion of the European elections in 2014, this position has been changed, at least in part, in favor of the European Parliament. The main European parties decided to propose to voters some "leading candidates", then created a parliamentary majorty that, during the consultations, declared its support in favor of the person linked to the political group with the highest number of seats. The European Council acknowledged this guideline by proposing that person for the office of the President of the Commission. This work demonstrates that - without being forbidden nor imposed by the treaties - the "leading candidate" process has caused a shift in the established institutional balances by reducing the weight of the Heads of State or Government in favor of the European Parliament and the political groups that have the absolute majority of seats in the Assembly. This practice does not affect the role assigned to the Commission as guardian of the general interest: it remains safeguarded by the obligation of independence and impartiality on the members of the body, including - obviously - the President. The practice in question does not even constitute an unlawful interference with the prerogatives of the European Council that retains a margin of discretion, although reduced, in the proposal of the candidate for that office. The "leading candidate" process represents one of the possible ways by which the European parties accomplish the task, assigned by the Charter and the Treaties, of promoting the formation of a European political awareness and facilitating the expression of the political will of EU citizens.
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