The President of the European Commission and the Power to Request a Commissioner's Resignation

Cotter, John; Butler, Graham

Abstract

Article 17(6) TEU provides that a Commissioner "shall resign if the [Commission] President so requests". This terminology appears absolute and suggests that the President's power to (essentially) dismiss a Commissioner summarily is one related to confidence. This immense power appears in the Treaties alongside the Article 247 TFEU compulsory retirement procedure, through which the ECJ can remove a Commissioner for, inter alia, serious misconduct. This article analyses the President's power to-in essence-dismiss Commissioners, and seeks to establish the limits, if any, on this power. The article argues that a line between the President's Article 17(6) TEU power and the compulsory retirement procedure cannot be maintained pragmatically. The article also asserts that, save for highly exceptional circumstances, the President is free to compel the resignation of Commissioners.

Citation

Cotter, J., & Butler, G. (2024). The President of the European Commission and the Power to Request a Commissioner's Resignation. Common Market Law Review, 61(3), 593 – 622. https://doi.org/10.54648/cola2024044

• Journal Article Type: Article
• Acceptance Date: Jan 23, 2024
• Online Publication Date: May 17, 2024
• Publication Date: May 17, 2024
• Deposit Date: Mar 25, 2024
• Publicly Available Date: May 17, 2024
• Print ISSN: 0165-0750
• Publisher: Kluwer Law International
• Peer Reviewed: Peer Reviewed
• Volume: 61
• Issue: 3
• Pages: 593 – 622
• DOI: https://doi.org/10.54648/cola2024044
• Public URL: https://keele-repository.worktribe.com/output/785741
• Publisher URL: https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/61.2/COLA2024044