Good thread by @BrigidLaffan on Phil Hogan situation. Will just add my own two cents worth by noting that formally since the Lisbon Treaty entered into force in 2009, Member States do not even nominate Commissioners. Rather, the Council of the EU (here=heads of State/Govt)...1/ https://twitter.com/brigidlaffan/status/1297450821077082112
...by common accord with the Commission President-elect (which was Ursula Von der Leyen)adopts the list of other persons whom it proposes as Commission members- altho these are selected on the basis of Member State 'suggestions'. 2/
They are then subjected to a vote of consent by the European Parlt and appointed by the European Council. Legally, therefore the position of Commissioner is a European, not a national one, even if in practice Member State suggestions carry weight (& if not accepted can be.... 3/
...replaced with another 'suggestion'. The removal of Commissioners is also done at European, not national level, & is made deliberately difficult to prevent Member States or anyone else interfering with (vital) Commission independence....4/
Apart from normal replacement or death, Commissioners can be 'compulsorily retired' by the ECJ - tho' that requires 'serious misconduct' & can only be done on application of Council/Commission. The Commission president can also effectively fire a Commissioner by requesting...5/
..his or her resignation. President von der Leyen is also entitled to reshuffle any Commissioner's portfolio. Although anything is possible, doing that in the middle of #Brexit negotiations seems unlikely and I am not convinced Hogan's behaviour meets the standard of 'serious..6/
...misconduct' envisaged by the Treaty provision (never invoked in nearly 7 decades). The European Parlt can also (by a two thirds majority) remove the entire Commission with a vote of censure. Although that power has (without being exercised ed) been deployed to force...7/
...the resignation of a Commission over misbehaviour by one or two Commissioners, I would consider its use highly unlikely here. So short of Phil Hogan resigning, my prediction will be that he will ride this one out, particularly given his very effusive (if late) apology...8/
Last point: Member states are committed not to seek to influence Commissioners in the performance of their tasks. While one understands both the politics & the optics of the situation, quaere whether a Taoiseach and his Deputy calling on a Commr to resign complies with this. ENDS
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