One of the more controversial actions taken by the Juncker Commission in its still-short life was January’s move to make the EU’s crisis-era budget rules more “flexible,” an announcement many took as a signal it was preparing to let both Italy and France off the hook for their recent fiscal transgressions. Which it ultimately did.
According to Commission officials, the so-called “flexibility communication” caused ructions among the 28 commissioners both because of its substance and the process by which it was agreed: the college was only allowed to see a hard copy of the highly-technical document for about a half hour before it was taken away, and then presented for adoption later in the day.
Among those who were angered by the way it was forced through the college over the complaints of some of the Commission’s budget hawks was Chancellor Angela Merkel who, according to our friends and rivals at the German weekly Der Spiegel (no relation), complained to Juncker that “her commissioner” – German Günther Oetttinger – had only received the document a few hours before it was to be approved. “Why ‘your’ commissioner?” Juncker reportedly replied coolly. “That’s my commissioner.”
Now it seems that Berlin is not the only place where objections are being raised about some of the decisions taken in the “flexibility communication”. According to a leaked opinion by the European Council’s legal service – which Brussels Blog got its hands on and has posted here – last month, lawyers on the other side of Rue de la Loi appear to have decided a central part of the new guidelines might be illegal. Read more