saved byProf. Dr Wolfgang Schumann on 2008-06-19
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).
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.
"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.