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

John Cotter, Graham Butler*

*Corresponding author for this work

Research output: Contribution to journalJournal articleResearchpeer-review

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 theTreaties alongside the Article 247TFEU 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.

Original languageEnglish
JournalCommon Market Law Review
Volume61
Issue number3
Pages (from-to)593–622
ISSN0165-0750
DOIs
Publication statusPublished - May 2024

Fingerprint

Dive into the research topics of 'The President of the European Commission and the Power to Request a Commissioner’s Resignation'. Together they form a unique fingerprint.

Cite this