The Commission has given the UK a deadline of 22 November to “provide their views,” adding that the short time period was due to the fact that the next Commission must enter into office as soon as possible - something that was scheduled to take place on November 1.
In a statement the Commission says, “Following the UK's reply on 13 November to the two letters sent by President-elect Ursula von der Leyen recalling the UK's obligations under the EU Treaty … the Commission has now analysed this reply and considers that the UK is in breach of its EU Treaty obligations.”
It adds, “In its letter, the UK authorities consider that they are not in a position to suggest a candidate for the post of EU Commissioner in view of the upcoming general election. The European Commission recalls that … a Member State may not invoke provisions prevailing in its domestic legal system to justify failure to observe obligations arising under Union law.”
RELATED CONTENT
Reaction to the Commission’s legal action against the UK saw many in Brussels lauding the EU’s assertiveness towards the UK’s perceived nonchalance towards the law enshrined in the EU Treaty, which stipulates that each Member State must nominate a European commissioner.
Senior Labour MEP Richard Corbett said, “In accepting the European Council decision of 29 October, extending UK membership of the EU, [Boris] Johnson accepted the continuation of the rights and obligations of membership, including the right and obligation to nominate a UK member of the European Commission. Johnson breaks the law again.”
Fellow Labour MEP Julie Ward referred to the infringement procedure notice, saying, “The UK government and the Prime Minister have been in breach of many things - here’s another Tory failure.”
“In accepting the European Council decision of 29 October, extending UK membership of the EU, [Boris] Johnson accepted the continuation of the rights and obligations of membership, including the right and obligation to nominate a UK member of the European Commission” Richard Corbett MEP
SNP deputy Alyn Smith said, “The UK is part of the EU, so [it] has MEPs to speak up for citizens and an obligation to appoint a Commissioner,” adding, “The Tories are wasting yet more cash with their vindictive selfish refusal to deal with EU reality.”
Former Liberal MEP Andrew Duff brought up another angle in the furore, pointing out that “Last April, the European Council said it expected the UK to act ‘in a manner that reflects its situation as a withdrawing Member State.’ That injunction clashed with another: that the UK must fulfil all its duties as an EU member while it is still a member.”
He continued, “This led to the crazy European Parliament elections which further polarised British politics. The EU is trying to have it both ways.”
Duff said that though Ursula von der Leyen is right to invite the UK to nominate a Commissioner, “she has no right to expect a positive response.”
“The Tories are wasting yet more cash with their vindictive selfish refusal to deal with EU reality” Alyn Smith MEP
Others judged the Commission’s move as unnecessary, given the fact that the UK will soon no longer be an EU Member State, having secured an extension to Article 50 until the end of January at the latest.
Brexit Party MEP Belinda de Lucy tweeted simply, “Don’t be so silly.”