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The EU summit, which starts in Brussels today (19 June), was meant to give EU leaders the opportunity to discuss their first full-time president. But following the 'no' vote in Ireland, they now face the less pleasant prospect of having to reduce the size of the European Commission as currently required by the Nice Treaty.
The Nice Treaty stipulates that when the number of EU member states reaches 27, the number of commissioners appointed in the subsequent EU executive would have to be less than this number, without giving a precise figure.
With the EU now having numbered 27 members since 1 January 2007, there is an understanding that the current number of commissioners exceeds the realistic number of portfolios.
As an example, to accommodate Bulgaria and Romania, Markos Kyprianou, the Cypriot health and consumer protection commissioner, had to abandon the second part of his portfolio in favour of his new Bulgarian colleague, Meglena Kuneva (EurActiv 26/10/06) Similarly, the multilingualism portfolio was taken from Ján Figel, the Slovak commissioner for education, training and culture, and handed to Leonard Orban, the Romanian commissioner (EurActiv 31/10/06).
Discussions over who would become the EU's first full-time president were expected to dominate the summit, with French President Nicolas Sarkozy seen as potential kingmaker as he is to chair the December meeting during which it was initially anticipated the decision would be made (EurActiv 07/05/08).
But following the failed Irish referendum, heads of state and government will instead have to revert to the provisions of the Nice Treaty, which is designed for a Europe of 27 member states, diplomats said.
In short, this means having to consider reducing the number of commissioners to below 27, as foreseen under the current treaty agreed upon in Nice in 2001. In contrast, the Lisbon Treaty envisages reducing the number of commissioners to 15 by 2014.
Ireland forced to give up commissioner?
Pierre Sellal, the French Ambassador to the EU, said this amounted to "a paradox" for the Irish 'no' camp, which had partly campaigned on fears that Ireland would lose its right to appoint a commissioner under the new Lisbon Treaty.
"Under Lisbon, this would only have happened in 2014," Sellal told journalists in Brussels on 18 June. The question of which country (or countries) should give up their commissioner will therefore now have to be open to negotiation between EU heads of state. And because such decisions have to be taken by unanimity, this raises the prospect of endless haggling between member states.
"As long as there will be no Lisbon Treaty, this question will remain open," Sellal said.
And following the Lisbon Treaty's rejection in Ireland, it is the Irish commissioner who is now seen as "the odd one out". To satisfy the Nice Treaty's requirements, it could be enough for just one country to lose its commissioner and that country may well be Ireland, diplomats said.
"The Republic could lose its EU commissioner for good because voters rejected the Lisbon Treaty," said Irish Prime Minister Brian Cowen, speaking before Parliament on 17 June.
If they indeed want to keep their commissioner, at least until 2014, the Irish would have to say 'yes' to the Lisbon Treaty, an EU diplomat told EurActiv.
Commission under fire
Meanwhile, the Commission itself has come under fire for its late reaction over rising food and fuel prices that have sparked angry protests from fishermen, farmers and truck drivers across Europe.
"One of the ways of responding [to the Irish 'No'] is to show that we are capable of acting in the interest of citizens," said Pierre Sellal, French Ambassador to the EU.
"It is very difficult to justify your existence through inaction," he added in reference to the European Commission.