Legally there is now only one Commissioner, José Manuel Barroso, who was recently re-appointed as President according the procedure laid down in the treaties.
The five year terms of the other 26 persons who were previously Commissioners expired at midnight on Saturday October 31st, and legally those posts must now be vacant.
The claim that their terms have been extended for a few months has no legal basis, as the treaties do not provide for the discretionary prolongation of the term of any Commissioner, under any circumstances and whether in a full or a so-called “caretaker” capacity.
Obviously there could be potentially serious consequences if those 26 individuals continue to draw salaries to which they are not entitled, while unlawfully purporting to carry out the functions of a European Commissioner without possessing that status.
Most importantly, all their actions and decisions would be open to challenge in the courts and could be declared null and void.
This from Dennis Cooper
who says : Sent to various places around the globe, with the relevant treaty articles appended. I doubt that editors will be willing to rock the EU boat by publishing it, but it seems necessary to do whatever one can to defend the rule of law. The law which is being so casually disregarded by those who now rule us is, after all, not just EU law, but also British law by virtue of Acts of our Parliament.
- Not in My Name
- No Democratic way forward
- The Governments Catch 22
- Parliament has no power to amend Bill of Rights
- Conditional Cautioning
- EU Commision Pensioners
- Hunting from
- Labour Spin on Law
Originally posted 2009-11-02 02:10:36. Republished by Blog Post Promoter