European Commission: is total paralysis imminent if Hungarian candidate is rejected?
The European Parliament is set to vote on the approval of the new Commission, and some Parliament members have already expressed concern over the controversial appointment of Olivér Várhelyi to the role of commissioner. Armin Cuyvers, Professor of European Law, discusses this issue in Dutch financial newspaper Het Financieele Dagblad.
Olivér Várhelyi, whose candidacy was proposed by Hungarian Prime Minister Viktor Orbán, is facing strong opposition from Members of the European Parliament (MEPs). They accuse him of obstructing the rule of law in Serbia and supporting Serbian President Milorad Dodik’s separatist actions in Bosnia and Herzegovina. In principle, this could obstruct the process as the Parliament has to approve the appointment of the entire Commission.
Professor Cuyvers explains that a refusal to approve Várhelyi could mean that a new Commission cannot be appointed, especially if Orban deliberately waits a very long time before proposing a new candidate. And that would be in Orban's interests: ‘If there’s no Commission then it can’t do anything that will have negative implications for Hungary, such as initiating proceedings for violating the rule of law or cutting European funds.’
Although Professor Cuyvers acknowledges this scenario, he believes that each Member State has a duty to nominate a candidate and that Hungary does not have the right or ability to block the appointment of a new Commission in this way. If Hungary refuses to provide a new candidate itself in time, the EU could start with 26 Commissioners who will temporarily carry out the responsibilities of the Hungarian portfolio. This is currently possible when a Commissioner resigns or dies, for example.
As this situation has never been judged by European courts, approving a Commission of 26 does involve certain risks. If Hungary were to file a lawsuit against the European Commission, and received vindication from the European Court of Justice, ‘everything the Commission has implemented during that period could be invalidated’. Professor Cuyvers believes that Brussels can and should take that limited risk. ‘The Commission can argue to the European Court that any other interpretation of the European Treaty allows Member States, and therefore Hungary, to blackmail the EU. An interpretation of EU law that gives every Member State a de facto chance every five years to block the entire EU machine is simply not the right one.’
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Photo: Sara Kurfeß through Unsplash