Steve Peers

The proposed structure and roles within the next European Commission, particularly regarding Justice and Home Affairs (JHA) issues, carry significant implications for EU policy. However, it’s crucial to remember that the European Parliament (EP) can still influence the final list of Commissioners, as seen in previous years.

Migration and Home Affairs

Contrary to some claims, the new Commission retains a dedicated Commissioner for immigration and home affairs, a position filled by Dimitris Avramopolous. Although his background is primarily in diplomacy and politics, including roles as Greek defense minister and foreign affairs minister, his lack of direct experience in immigration shouldn’t be misconstrued. His nationality, however, is noteworthy. As a representative of Greece, a country heavily involved in the controversial ‘Dublin’ policy for asylum seekers, his position draws attention to the policy’s challenges and the need for reform. His diplomatic background may prove useful in navigating the complexities of EU immigration policy, particularly concerning Turkey and the readmission agreement.

Justice

Originally slated for the role, Cecilia Malmstrom will not continue as Justice Commissioner and will instead handle EU trade policy. Instead, Vera Jourova, the Czech minister for regional development, will assume the position. Unlike her predecessor or her counterpart in Home Affairs, Jourova’s background doesn’t immediately suggest expertise in justice issues. However, history provides numerous examples of individuals who excelled in their roles despite lacking prior experience in the field.

The restructuring also affects the Directorate-General (DG) for Justice. The transfer of anti-drug policy to DG Home raises concerns, as it prioritizes law enforcement over a health and social approach. Furthermore, relocating most equality responsibilities to DG Employment and Inclusion, except for gender equality, appears illogical and potentially detrimental. The inclusion of consumer affairs and social responsibility within DG Justice, while reflecting existing practices, raises questions about potential fragmentation and focus.

Fundamental Rights

The newly created Vice President (VP) position for better regulation, inter-institutional relations, the rule of law, and the Charter of Fundamental Rights goes to Frans Timmermans, the former Dutch minister for foreign affairs. While this new VP role emphasizes these critical areas, its lack of specific responsibilities or dedicated staff raises concerns about effectiveness, potentially mirroring the limitations of the US Vice Presidency.

However, Timmermans’s designation as the ‘First Vice President’ and the President’s ‘right-hand man’ might provide him with the necessary influence to succeed. The overarching nature of human rights and the rule of law necessitates a dedicated focus, making this new VP role, despite its limitations, a step in the right direction.

The addition of ‘better regulation’ to Timmerman’s portfolio, potentially influenced by the Dutch government’s focus on this issue, could be beneficial in streamlining Justice and Home Affairs law. His responsibility for inter-institutional relations, particularly regarding EU legislation on access to documents, could benefit from his nationality. The Netherlands’ robust tradition of transparency, however, doesn’t guarantee success, as demonstrated by previous attempts to reform access to document legislation.