The recent resignation of the European Commissioners has leftmany observers slightly confused. The former Commissioners arestill in place with full powers and nothing seems to have changed.This begs a number of questions:

On the issue of resignation, the European treaties primarilyenvisage the situation where one Commissioner resigns. The treatiesprovide that the Commissioner's duties continue until a replacementhas been provided (Articles 159 EC, 12 ECSC, 128 Euratom).This rule is based on a general principle of administrative lawwidely recognised in member states and ensures the uninterruptedfunctioning of the Commission.

The resignation of all of the Commissioners should be nodifferent. On 16th March, 1999 several member states' ForeignMinisters and the Commission President Jacques Santer confirmedthat the former Commissioners would continue to carry out theirfunctions until they are replaced.

The former Commissioners therefore maintain their fullpowers.The resignation will have no impact on the functioning ofthe administration communautaire directe, in particular oncompetition proceedings pending before the Commission.

Decisions that may be taken by a Commissioner or a Commissionofficial empowered under the Commission's Rules of Procedure willstill be taken by the relevant Commissioner or official. Decisionsrequiring a collective decision will be taken by the formerCommissioners as a group until they are replaced.

The Commissioners do not have a right to reduce their duties tothe performance of day- to-day operations. They would only be giventhat mandate if the Commission is forced to resign by aParliamentary motion of censure. However, highly politicalquestions or legislative proceedings are likely to bepostponed.

The Council had several courses of action open to it after theresignation.

First, the Commission's existing term of office does not havelong left to run. The governments of the member states mighttherefore have decided not to replace the former Commissioners andcould have left the former Commissioners in office until 31stDecember, 1999. However, given the political pressure resultingfrom the collective resignation, this alternative did not seemlikely.

Alternatively, the former Commissioners could have been replacedwith an interim Commission to serve until 31st December, 1999. Themember states would have had to agree on the President of theinterim Commission and the Parliament would have had to approvethis appointment in advance of the Parliamentary elections in June.The member state governments would then have had to agree on theother Commission members. Their nomination and appointment howeverwould not have been subject to Parliamentary approval in thisscenario. Procedurally, therefore, this would have been an easieralternative to appointing a new Commission for a full term.

However, the member state governments have in fact decided toappoint a new permanent Commission according to the standardprocedure (see below "Replacement for a new term"). At therecent summit in Berlin, the Council designated Romano Prodi totake over from Jacques Santer as President of the next Commission.The intention is that this nomination will be approved before theJune Parliamentary elections, but that the approval of theappointment of the new President and the other nominatedCommissioners as a body will take place after the election. If thistimetable is kept, the term of office will include the remainder ofthe interim period, plus a full mandate for a period of five yearsfrom January 2000.

The procedure for the appointment of new Commissioners for afull new term is as follows: