The @FT are now leading on the European Commissioner for Trade breaching rules on gatherings elated to COVID-19. Whatever about politics, the office of a member of the Commission is governed by the EU treaties, and there are rules on their conduct. The legal angle. A thread (1)..

Several Comm members have been caught up in various controversies over the years. They range from trivial to serious. All contain a mix of EU primary law (treaty provisions – Art. 17 TEU and Art. 245 TFEU), EU secondary law (laws), and soft instruments (guidelines, etc.) …(2)…

Let’s just focus on serious cases. The case of Comm'er Bangemann, right after leaving office as Int. Market Commissioner, joined the board of a major telecommunications company. This lead to proceedings before the EU courts (T-208/99): http://curia.europa.eu/juris/fiche.jsf?id=T%3B208%3B99%3BRD%3B1%3BP%3B1%3BT1999%2F0208%2FR&oqp=&for=&mat=or&lgrec=en&jge=&td=%3BALL&jur=C%2CT%2CF&dates=&pcs=Oor&lg=&parties=Bangemann&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=15722460 …(3)…

Next, we have Commissioner Cresson whom tried to appoint someone to her cabinet, but when couldn’t, installed the person in a DG. This ultimately led to a case before the Court of Justice of the European Union (C-432/04), which details more facts: http://curia.europa.eu/juris/fiche.jsf?id=C%3B432%3B4%3BRD%3B1%3BP%3B1%3BC2004%2F0432%2FJ&oqp=&for=&mat=or&lgrec=en&jge=&td=%3BALL&jur=C%2CT%2CF&dates=&pcs=Oor&lg=&parties=Cresson&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=15722263 …(4).

Then we have Commission Dalli, who’ve conduct involved tobacco lobbying, meetings, and other allegations. He was subsequently fired by Comm President Barroso, and has led to plenty of litigation before the EU courts. For a full range of facts: http://curia.europa.eu/juris/liste.jsf?oqp=&for=&mat=or&jge=&td=%3BALL&jur=C%2CT%2CF&page=1&dates=&pcs=Oor&lg=&parties=Dalli&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=15720972 …(5)…

What these 3 ‘cases’ regarding Comm'ers have in common are serious end of the spectrum issues in terms of the law. Both political and legal questions present about proper sanction given the rules, guidelines, etc., that apply to members of the Commission …(6)…

Distinctions to be drawn between personal conduct and conduct of powers held by Commissioners. Changes over the way in which Commissioners have been appointed/nominated have changed over time, as pointed to by @ProfGBarrett and @John_Cotter ...(7)...

However, the ultimate sanction is the trust and confidence that the European Parliament has in the Commission as a body. There are both political and legal considerations here. Each has their own set of ways of running their course ...(8)...

On balance with regard to the EU Trade Commissioner’s conduct this week, the matter is nowhere near the level of legal seriousness as ‘cases’ before this. Let perspective be kept. (9) end of thread. #EUlaw