© REUTERS/Piroschka van de Wouw

In July, when former German Defense Minister Ursula von der Leyen narrowly survived a confirmation vote in the European Parliament by just nine votes, she emphatically thanked MEPs and said she looked forward to starting her new job as European Commission President on November 1.

But three months later, von der Leyen will not be starting as scheduled. MEPs, still angry over the circumstances of her appointment, lashed out earlier this month by rejecting the nominee to be her internal market commissioner, Sylvie Goulard from France. Their real target was the man who nominated her, French President Emmanuel Macron, who killed the parliament’ Spitzenkandidaten system for choosing the Commission President in June.

The parliamentarians also rejected the Romanian and Hungarian nominees, for more traditional reasons. Now, with questions over Macron’s replacement nominee, Thierry Breton, and Romania’s government in chaos, it’s looking like von der Leyen may not be able to start until 2020.

No More Gender Balance

Perhaps the most lasting effect of this month’s drama in the European Parliament is that it has destroyed the chance for the EU to have its first gender-balanced college of commissioners. When she announced her team in September, von der Leyen was keen to trumpet the fact that it would be the first gender-balanced one in history—with half of the team women (13 out of 27, or 48 percent).

But Macron has replaced Goulard with a male nominee–Breton is a former economy and finance minister under Jacques Chirac and a businessman. Romania’s ousted prime minister is battling with that country’s president over who can nominate someone to replace their rejected female nominee, but both of the people being considered are men.

To make matters worse, with Brexit being extended until January 31, 2020 (for more see below), it will now be necessary for Boris Johnson to nominate a temporary commissioner before von der Leyen’s commission can begin. The most likely choice will be for Julian King, the current British commissioner, to stay on. That would mean only 11 out of a team of 28 would be women—a ratio of 39 percent. This is roughly the same ratio the commission of outgoing president Jean-Claude Juncker had.

Romanian Chaos

But the gender imbalance may be the least of von der Leyen’s worries. Though Hungary’s replacement nominee Olivér Várhelyi looks set to sail through, the French nomination is complicated, and the Romanian nomination is a mess.

Breton and Várhelyi will have their confirmation hearings next Wednesday and Thursday in the European Parliament in Brussels. Many MEPs are not happy with Macron’s choice. Unlike Goulard, Breton has no EU experience and is considered far more conservative than the previous nominee. He is nominated for the same vast internal market portfolio as Goulard was and there are still concerns that his position will be too powerful. There have also been questions about his current job as CEO of technology company Atos. He reportedly owns about €34 million worth of shares in the company, which he would be regulating as part of his new job.

MEPs say they are preparing some tough questions for him. It’s highly unlikely they would reject him, after having already rejected one French nominee, but they may hold up his appointment for several weeks.

Romania has still not put forward a replacement, because since the original nomination was made the government of Prime Minister Viorica Dăncilă has collapsed. That hasn’t stopped her from putting someone forward anyway—the Socialist MEP Victor Negrescu. But Romanian President Klaus Iohannis is challenging her right to do this, arguing that because the government has fallen, it is now his responsibility. He reportedly wants to nominate Liberal MEP Siegfried Muresan.

Meanwhile, there are reports in London that Johnson may refuse to nominate a new commissioner—fearful that it would suggest to the British public ahead of December 12 election that the UK is not leaving the EU. Lawyers at the commission are looking to see if there is any way around the rule that there must be one commissioner from each EU member state.

None of this, from the Spitzenkandidat fight to the Romanian chaos to the Brexit meltdown, is von der Leyen’s fault. But she has found herself seriously hampered by all of it before her tenure has even begun. And her inability to react robustly to the unfolding situation has many in Brussels questioning her fitness for the job. This is unnerving for her team, considering she still has to survive a second confirmation vote, along with her whole college of 28 commissioners, in the European Parliament.

Another Brexit Delay

The other major event meant to take place tomorrow was Brexit. But after Boris Johnson failed to ram his renegotiated Brexit deal through the British parliament in record time, MPs voted this to call an election for December 12. The EU granted an extension of three months, until 31 January 2020, even before that vote.

This is the third time the UK has requested, and the EU granted, an extension to the Brexit deadline which was originally supposed to be at the end of March. The continuing extensions have left everyone exasperated.

French President Emmanuel Macron reportedly came close to vetoing the request for extension—delivered by Johnson under duress (or so he pretended) because of a piece of UK legislation requiring him to do so. On the EU side, there is a strong desire for the UK to leave as quickly as possible, but in an orderly fashion. People in Brussels are tired of having the Brexit issue hijack European summits and slowing the EU agenda. “As much as I hate Johnson, I have to say I hope he wins a majority in December because it would mean the British are finally gone,” admitted one EU civil servant in Brussels.

But the divisions in the UK are making that exit seem almost impossible. Polls currently point to a resounding victory for Johnson, but they were also predicting that ahead of his predecessor Theresa May’s snap election in June 2017. May ended up losing her majority in that election. An inconclusive result could mean months of more uncertainty and possibly in a second referendum being called.

The European Union is ending 2019 in a state of paralysis. With the start of both the new commission and the new EU of 27 delayed until 2020, decisive action in Brussels seems as far away as ever. It is certainly not where Emmanuel Macron wanted to see the EU two years into a presidency. The European renaissance, which he and the many people who believed in him, had hoped for, seems still some way off.

The post An EU Delayed appeared first on Berlin Policy Journal - Blog.

© REUTERS/Francois Lenoir

In an unprecedented move, the European Parliament’s internal market and industry committees overwhelmingly voted on Thursday to reject Sylvie Goulard, the French nominee, to become the next EU internal market commissioner. As a result, the commission of incoming president Ursula von der Leyen will not start on November 1 as planned—and there is even speculation in some quarters she may never start.

Though the rejection is ostensibly over potential ethics issues during her time as an MEP, it has more to do with the parliament’s unfinished business from its battle with French President Emmanuel Macron this summer. Though the Parliament warned they would only confirm one of the official election candidates to become European Commission president, Macron disregarded their warnings and refused to honor their system for electing the commission president. (According to the EU treaties, Macron had every right to do so, as they stipulate that the European Council—the group of heads of governments—picks the commission president.)

Macron instead put forward Ursula von der Leyen, the German defense minister, who was not a candidate during the EU elections in May. In the end the parliament backed down from its threats and confirmed her by just nine votes. But she only made it across the line because of support from far-right parties in Hungary and Poland.

“Resentment? Pettiness?”

Macron may have thought he was out of the woods—that the parliament was all bark and no bite. But yesterday MEPs, led by rejected center-right Spitzenkandidat Manfred Weber, took their delayed revenge.

Macron was left stunned. “I need to understand what played out,” he said at a press conference. “Resentment? Pettiness?”

He said von der Leyen had assured him Goulard would pass, and that she had been personally told this by center-right EPP leader Weber and center-left S&D leader Iratxe Garcia Perez. But Weber and Garcia Perez deny having any such conversation with von der Leyen, who has not responded to Macron’s accusation.

Macron’s assertion that this has more to do with institutional politics than Goulard’s qualifications is shared by most people in Brussels. The EPP itself made this more than obvious when it accidentally sent out a tweet yesterday before the vote with a WhatsApp conversation in the background saying, “Guys we are going to kill her in the vote later but do not say.” The tweet has since been deleted.

The stated reason for rejecting Goulard, a close ally of Macron, is allegations that she used a European Parliament assistant for domestic political work while she was an MEP in 2009. There was also discontent over the fact that while she was an MEP she was receiving $10,000 a month from a US consultancy firm for whom she appears to have done little work.

But this explanation doesn’t quite hold water. Though it might be distasteful, there is nothing illegal about having a second job as an MEP and Goulard fully disclosed what she was earning. Almost a third of MEPs have such second jobs, according to public data, with many earning far more than Goulard.

As for the payment scandal, though she has been questioned by investigators there has been no formal investigation launched against her. After a tough first round of grilling she promised MEPs that she would resign if she was ever found guilty of improperly using her MEP funds. There were far more serious doubts about the ethics and competence of other nominees, but they sailed through.

MEPs also had objections to her very broad portfolio, but in truth it is not that much bigger than in previous commissions.

Von der Leyen Is in Trouble, Again

Every five years, these confirmation hearings are often more about political games than the actual competencies of the nominees. The European Parliament wants to flex its muscles and show it can’t be pushed around by the other EU institutions, so it always rejects at least one nominee. But this year, after suffering such a humiliating climb-down in July, it had more to prove than normal.

The parliament had already rejected two Eastern European nominees even before their hearings—from Hungary and Romania. They were deemed by the legal affairs committee to have conflicts of interest. Given that the two governments who nominated them are political pariahs accused of violating the rule of law, the rejections were not that surprising.

The Hungarian was from the EPP, and the Romanian was from S&D. Those two groups then focused their attention on Goulard and Macron’s Renew Europe group of liberals, the third largest in the parliament.

Clearly, the parliament was not content with just catching the usual Eastern European small fish. They wanted a big fish to show Macron they can’t be trifled with—and that big fish was Goulard. She is only the second nominee to ever be rejected from a Western European country; the first being Italy’s Rocco Buttiglione in 2004 who was voted down for his homophobic views.

Lacking a Majority

This wasn’t just a humiliation for Macron, it has also critically wounded von der Leyen. Her own EPP group, which is led by Weber, has very publicly and ostentatiously disobeyed her. They also apparently disregarded an intervention by Angela Merkel, who urged them not to do anything that would delay the new commission’s start date on November 1—a crucial time with Brexit scheduled for October 31.

That the EPP ignored both of these women shows that von der Leyen does not command a majority in the parliament. This was always the worry with her very slim confirmation victory. Like Goulard, von der Leyen has found herself stuck in the middle of an institutional power battle she did not start. And some people in Brussels are questioning whether she can survive.

Von der Leyen, after all, has only passed one out of two confirmation votes. She must still be confirmed by the parliament again, along with her college of 28 commissioners. Under the EU treaties a commission cannot start work until it has been approved by the parliament. If there is no majority for any commission led by von der Leyen, then a new president would have to be found.

With the collapse of the Romanian government this week delaying a new nominee from Bucharest, there is now no prospect of von der Leyen’s commission being approved before the intended November 1 start date. Von der Leyen tacitly admitted this herself in a statement following Goulard’s rejection.

A delay itself is not a mortal blow, and indeed von der Leyen may be breathing a sigh of relief that there is now no risk her first day will be occupied by a no-deal Brexit. But if she cannot get a confirmation for her college by December 1, people will start asking whether they need to start over with a new president.

It’s a road few want to go down, and the parliament is likely to be content having taken their revenge against Macron. But MEPs may have kicked off a tit-for-tat process that could snowball out of control.

The post Weber’s Revenge appeared first on Berlin Policy Journal - Blog.