Month: January 2020

Editorial of February 2020

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by Pedro Madeira Froufe, Editor
Tiago Cabral, master in EU Law - UMinho
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You have been my friend. That in itself is a tremendous thing[i]

1. Throughout these last few weeks, the final steps necessary to complete the Brexit process were taken, in Brussels. On the 24th January, the President of the European Commission, Ursula von der Leyen, and the President of the European Council, Charles Michel, signed the historic “Brexit deal”. To make it fully official, two steps remained: a) approval by the European Parliament and; b) approval by a qualified majority in the Council. Regarding the European Parliament, indeed, this Institution gave its stamp to the deal by a fairly large margin of 621 votes in favour, 49 against and 13 abstentions, on the 29th of January. Lastly, on the 30th of January, the Council adopted, by written procedure, the decision necessary to conclude the withdrawal agreement.

2. We had plenty of delays and attempts to take Brexit over the line but this time, according to all signs, it will really happen. A quick search through our archives will show the Reader that we had plenty of opportunities to write about Brexit (and will probably keep writing during the transition period and beyond), but this editorial is, in itself, a moment of closure.
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Summaries of judgments

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Summaries of judgments made in collaboration with the Portuguese judges and référendaire of the General Court (Maria José Costeira, Ricardo Silva Passos and Esperança Mealha)
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Judgment of the General Court (Ninth Chamber, Extended Composition) of 24 October 2019 – T 310/18 – EPSU and Goudriaan v European Commission

“Social policy – Dialogue between management and labour at European Union level – Agreement entitled ‘General framework for informing and consulting officials and other servants of central government administrations’ – Joint request by the signatory parties for application of that agreement at European Union level – Refusal by the Commission to submit a proposal for a decision to the Council – Action for annulment – Act against which proceedings may be brought – Admissibility – Commission’s discretion – Autonomy of the social partners – Principle of subsidiarity – Proportionality”.

1 – Facts

On April 10th 2015, the European Commission invited the social partners, on the basis of Article 154(2) TFEU, to comment on the possible direction of EU action to consolidate the Directives on information and consultation of workers. That consultation focused in particular on the possible extension of the scope of those Directives to officials and other servants of public administrations in the Member States.

On June 2nd 2015, the social partners of the Social Dialogue Committee for central government administrations, namely the Trade Union Delegation of the National and European Administration (DSANE) and the European Public Administration Employers (EPAE), informed the Commission, on the basis of Article 154(4) TFEU, of their wish to negotiate and conclude an agreement on the basis of Article 155(1) TFEU.
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Editorial of January 2020

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by Tiago Cabral, master in EU Law - UMinho
▪


Legislative Initiative for the European Parliament: A Wish for 2020

1. It is challenging to argue that the selection of Ursula von der Leyen for President of the European Commission (hereinafter “EC”) was the result, in any conceivable way, shape or form, of a victory by the European Parliament (“hereinafter “EP”) in the traditional power struggle between the Institutions. The spitzenkandidaten (lead candidate), a process which the EP swore that it would uphold, was left completely broken by the selection. It also served as a reminder that the “election” of the President of the EC is, if we rigorous in our analysis, a nomination by the European Council (hereinafter “ECON”) where the EP has veto power but is highly unlikely to use it. In fact, in a remarkable twist of fate, the ECON ended not only choosing the President of the EC but, arguably, also the President of the EP[i]. Even though there are some positive aspects that we should point out, such as the fact that the new EC will be more gender-balanced, that is certainly not enough to counterbalance the fact that no European citizen cast a vote thinking of, let alone desiring, the coming to pass of the current scenario.

2. Indeed, in a purely result-oriented perspective, the new Commission may go on to do a stellar job, thereby acquiring a high degree of output legitimacy. The College of Commissioners 2019-2024 possesses some worthy names, including two former lead candidates in Vice-Presidents Frans Timmermans and Margrethe Vestager[ii]. However, in terms of input legitimacy, the choice and the procedure leading to the current executive, does not strengthen the EU in any manner. Thereby, and until there is a broader reform of the European electoral process, it is necessary to search for other manners to widen the EU’s legitimacy.
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