The Novel Commission: Outset Thoughts On Jurist As Well As Domicile Affairs Issues

Steve Peers

Today’s listing of jobs for the side yesteryear side European Commission – together with the accompanying major restructuring of the Commission – has major implications for every expanse of European Union policy. But hither are my initial thoughts virtually the impact upon Justice together with Home Affairs (JHA) issues.

Of course, the side yesteryear side European Commission silent has to live confirmed yesteryear the European Parliament (EP). The EP insisted on changes to the planned listing of Commissioners inwards 2004 together with 2009, thus it powerfulness good practice thus again. But nevertheless, it’s an opportune 2d to examine the novel Commissioners who volition receive got responsibleness for JHA issues – as good as the revised construction of the Commission as it affects such issues.

Migration together with Home Affairs

As before, the expanse of immigration together with abode affairs (ie policing together with internal security) is assigned to a split Commissioner. Therefore the proffer inwards around quarters that there’s a novel ‘Commissioner for immigration’ is simply non true. There is also silent a split Directorate-General (DG) dealing alongside these issues. DG Home picks upward responsibleness for anti-drug policy together with safety research, together with does non lose whatever policy responsibilities.

The novel Commissioner is Dimitris Avramopolous. He has no background inwards this field, together with his electrical flow project is Greek defense forcefulness minister. But that’s misleading: he started out his career as a diplomat, became a pop mayor of Athens together with was also an MP (for the conservative New Democracy party), asset ministerial posts for tourism, wellness together with unusual affairs earlier becoming defense forcefulness minister. So he has a wide diplomatic together with political background.

The most striking thing virtually his solar daytime of the month is his nationality. Hellenic Republic is, of course, at the centre of the ground virtually the effectiveness of the EU’s ‘Dublin’ policy, which assigns responsibleness for asylum applications to (in effect, inwards most cases) the get-go province which they enter. That is often Greece. So partly as a outcome of the Dublin rules, the Greek asylum organisation has broken downwards inwards recent years, together with both the CJEU together with the European Court of Human Rights receive got ruled that sending asylum-seekers to Hellenic Republic would violate their key rights.

Since Avramopolous never previously held a project relating to immigration policy, he can’t live blamed direct for these problems. Also, it must live recalled that because Commissioners are independent of the authorities which appointed them (although Commissioners receive got been known to forget this), it volition non live his project to defend the Greek government, but rather to articulate together with enforce European Union policy inwards this area. Hopefully it volition live an advantage, non a detriment, to receive got an immigration Commissioner from a Mediterranean state, given the crucial role which ocean crossings play inwards European Union immigration policy.

In lite of the external impact of European Union immigration policy, it also useful that the novel Commissioner has diplomatic experience. In particular, it’s potentially meaning that he is credited as 1 of the authors of the recent Greek-Turkish rapprochement. Migrants who come upward from Turkey together with refugees who go via Turkey are a meaning purpose of those who come upward to the EU, together with the EU/Turkey readmission understanding volition come upward into forcefulness on 1 October. One of his master copy tasks volition live to ensure European Union visa liberalisation for Turkey, as a quid pro quo for the readmission understanding together with other changes inwards Turkish policy. On newspaper at least, he is the correct human being for this job.

Justice

Until the last moment, the side yesteryear side Justice Commissioner was going to live the outgoing Home Affairs Commissioner, Cecilia Malmstrom. Instead, Malmstrom has been thrown into the maelstrom (I couldn’t resist) of European Union merchandise policy, existence responsible inwards detail for negotiating the EU/USA costless merchandise understanding (TTIP).

The novel Justice Commissioner volition instead live Vera Jourova, the Czech government minister for regional development, who has a background inwards that field. Unlike Avramopolous or Malmstrom, there’s cipher inwards her history which suggests that Jourova is peculiarly good suited to this job. But at that topographic point are enough of historical examples of politicians who did a expert project despite non having a background inwards a relevant field. Let's promise this proves to live around other such case.  

In damage of structure, DG Justice get-go of all loses 2 roles: anti-drug policy (moved to DG Home, as noted already) together with equality policy – apart from sex equality – moved to DG Employment together with Inclusion.

The get-go of these changes makes around sense, since anti-drug policy is non just a Justice issue. But that policy is fifty-fifty less well-placed inwards DG Home, since that wrongly identifies anti-drug policy is primarily a police enforcement issue, rather than a wellness together with social problem.

But the changes to the equality responsibilities brand no feel at all. If those responsibilities receive got to live moved, it would live amend to movement them all, rather than all except sex equality. True, there’s a expert declaration for a adult woman to live inwards accuse of sex lineament – but the side yesteryear side Commissioner for job volition live a adult woman (Marianne Thyssen) as well.  

In whatever event, those responsibilities shouldn’t receive got been moved, since at that topographic point is a amend instance for keeping equality issues either as purpose of the Justice DG or assigning them to the novel Vice-President dealing alongside human rights (more on him inwards a moment). The job is that the outcome of the movement powerfulness live to focus attending too much on discrimination inwards employment, whereas discrimination occurs inwards other fields too. Indeed, a proposal for a Directive to tackle discrimination inwards other fields has been nether give-and-take for vi years. Admittedly, DG Employment is right away DG Employment and Inclusion; but that DG is e'er probable to retain a focus on job issues.

DG Justice has also picked upward around novel responsibilities: most consumer affairs issues, as good as social responsibleness (corporate governance). The get-go of these changes takes concern human relationship of the de facto reality, as the outgoing Commissioner, Viviane Reding, already took a large role as regards consumer legislation.  The 2d modify risks corporate social responsibleness becoming detached from the residual of noun society law. Again, it’s a role that could receive got been amend suited to the Vice-President responsible for human rights.

Fundamental Rights

The novel Vice President (VP) responsible for amend regulation, inter-institutional relations, the dominion of police together with the Charter of Fundamental Rights is Frans Timmermans. He is the outgoing Dutch government minister for unusual affairs. Like Avramopolous, he began his career as a diplomat, together with thus became a politician. He held ministerial posts inwards the Dutch government, including the government minister for European affairs. Also, he was a fellow member of the ‘Convention on the Future of Europe’ which drafted the ill-fated Constitutional Treaty, afterwards approved inwards a decaffeinated cast as the Treaty of Lisbon.

While Timmermans is meant to steer the go of the Commission mostly on these issues, together with detail the Commissioners for Justice together with Home Affairs, he has no specific responsibilities, together with no dedicated bureaucracy. So his postal service is 1 of President Juncker’s slap-up innovations inwards the blueprint of the Commission: creating 5 Vice-Presidents inwards accuse of thematic issues, who don’t receive got specific tasks. (Two other Vice-Presidents – the High Representative for European Union unusual policy together with the VP inwards accuse of budgets – practice receive got specific tasks).

Time volition tell whether this excogitation is a brainwave or a foolish gimmick. The opportunity is that it replicates the problems of the U.S. Vice-Presidency, which also comes alongside no specific tasks (besides waiting for the President to die). As 1 U.S. Vice-President didn’t quite say, the project was ‘not worth a bucket of warm spit’. And right away the Commission volition receive got 5 such jobs.

Having said that, at to the lowest degree around of the novel VPs powerfulness live able to brand the project work. Much volition depend on their personalities together with the clout of the senior officials inwards their cabinet. Timmermans powerfulness live inwards a amend position to arrive go than others, existence designated as the ‘First Vice President’ together with the President’s ‘right-hand man’, together with having fewer (and less high-profile) other Commissioners to supervise.

Certainly, it seems similar a expert persuasion to designate a Commissioner specifically responsible for human rights together with the dominion of law, given their overarching importance together with application to all fields of European Union law. The original programme (dropped at a belatedly stage) was to give these responsibilities to the abode affairs Commissioner, but this was a bad idea. It would receive got been awkward to mix upward the responsibleness for carrying out a specific policy alongside the role of ensuring that human rights are respected inwards all areas of European Union law. Moreover, human rights are too of import an number to entrust to whatever of the (de facto) junior Commissioners.

Some wanted a Commissioner purely concerned alongside human rights, but nosotros did non larn that. What virtually Timmermans’ other 2 responsibilities? First of all, inwards regulation the ‘better regulation’ project logically falls instead inside the ambit of the activities of the novel VP for Jobs, Growth together with Competitiveness. This project may good receive got been handed to Timmermans because of the Dutch government’s detail involvement inwards this issue. Giving this project to him could receive got the positive outcome of reminding  everyone that around parts of Justice together with Home Affairs law, simply similar European Union economical law, is also a morass of overlapping together with confusing legislation that ought to live cleaned up.

Finally, his most of import project as the Commissioner for inter-institutional relations volition live to endeavor in 1 lawsuit again to opened upward up the EU, yesteryear amending its legislation on access to documents. Again, it powerfulness live helpful that he is Dutch, given that country’s strong tradition of transparency. But as it powerfulness receive got been persuasion that a Swedish Commissioner would bargain alongside that number good – yet Mrs. Wallstrom produced a dreadful proposal dorsum inwards 2008.

Her (presumed) intention to enlarge access to documents was frustrated yesteryear Commission officials who had just the contrary objective, resulting inwards a text which would receive got reduced access, non increased it (by redefining a ‘document’ narrowly, for instance). We volition in all probability exclusively receive got a expert proposal on this number if it’s drafted yesteryear someone who doesn’t go for the Commission. Just for the record, Mr. Vice President, I could draft that proposal for free.

Barnard & Peers: chapter 3, chapter 9, chapter 25, chapter 26

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