Power Grab Of The Week

Condensed version of email from Denis Cooper (with kind permission):

"An EU official has told The Times of Malta that one item in the draft conclusions of the two day EU summit which starts today, will be to extend the term of the EU Commission for an extra six months.

I've looked carefully, and there is definitely no specific legal basis for extending the term of the Commission under these circumstances, not even in a "caretaker format". And over two weeks ago I emailed the office of Commissioner Neelie Kroes about it, and the bloke (one Jonathan Todd) broke off the exchange when I posed the question: "But on what legal basis could the Council of Ministers authorise the present Commissioners to remain in post beyond the end of their five year term, which expires on October 31st?"

Anyway, they think they can do whatever they please by invoking the catch-all Article 308 TEC, on pdf page 179 here:

"If action by the Community should prove necessary to attain, in the course of the operation of the common market, one of the objectives of the Community, and this Treaty has not provided the necessary powers, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, take the appropriate measures."

Although in this case they might have a problem consulting the European Parliament before midnight on Saturday."