Choosing Ursula von der Leyen Weakens the European Parliament

(Bloomberg Opinion) -- After a painful backroom process lasting more than five weeks, European Union leaders reached a surprising deal to fill the bloc's top jobs. It was, in essence, a slap in the face of the European Parliament, and that of the 51% of the European electorate who took the time to vote in May's elections.

The most unexpected name in the roster is that of German Minister of Defense and long-standing ally of Angela Merkel, Ursula von der Leyen. As her nomination awaits the backing of the European Parliament, she already faces resistance – and for good reason.

The European Council deal smacks of an attempt to restrain parliament's growing power in setting the agenda and holding the whole EU accountable. Although she belongs to the same European People's Party, it was Manfred Weber, not von der Leyen, who ran as Spitzenkandidat opposing Social Democrat Frans Timmermans, and the other lead candidates all across Europe

The Council's solution is a not so subtle attack on an incipient form of parliamentary democracy in Europe. Under the Spitzenkandidat system, the Commission president is selected from candidates put forward by the main parliamentary groups. That system was only launched in 2014 and had its critics, but it was far more transparent than the smoke-filled room process of the past. To align itself with the Council now means relinquishing institutional power, a striking reversal of the Parliament's steady accretion of authority over time.

There are other problems with the Council's solution. While it would be good to see a woman in the role and von der Leyen is certainly a political survivor, she has never been a candidate for the European Parliament. Not having served as a head of government, she remains an unknown political quantity outside her past national portfolios. Of course, Weber too had never run a government, but his parliamentary positions were well known.

Von der Leyen's political story does little to suggest she is ready to embrace the challenges Europe faces today, from addressing immigration to climate change or even Brexit. Her views on environmental issues are unclear at best and non-existent at worst. Her period as German defense minister has been widely criticized, and not just simply as ineffective. The German parliament is currently holding hearings into allegations that von der Leyen's office violated public procurement rules in awarding lucrative contracts.  

There's a further reason that should push the European Parliament to vote against her confirmation. Her candidacy emerged as a compromise to please the Visegrad countries – Hungary, Poland, Slovakia and the Czech Republic -- after they vetoed a plan promoted by German Chancellor Angela Merkel on the sidelines of the Osaka G-20 summit in which Timmermans would become Commission president and Weber take the helm of the European Parliament. The Visegrad countries see Timmermans as an opponent after he supported measures to enforce EU norms for democracy and the rule of law in Hungary and Poland. Hungarian Prime Minister Viktor Orban's spokesperson celebrated the Council deal in a tweet claiming that the Visegrad Four “have put on the EU table a package that is winning acceptance among a growing number of member countries.” Parliament risks sending a dangerous signal that the EU's commitment to the rule of law is weak.

Of course there is nothing predestined about the proposal: Parliament can say no. Then the Council would have one month to come up with another idea. While it would be unprecedented for the European Parliament to reject a designated European Commission President, MEPs commonly grill and refuse Commissioners nominated by individual member states and are likely to do the same in the coming months. Parliament should reserve the same levels of scrutiny and skepticism for the candidate for the head of the next EU Commission.

To contact the editor responsible for this story: Therese Raphael at traphael4@bloomberg.net

This column does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

Alberto Alemanno is the Jean Monnet Professor of EU Law at HEC Paris and author of "Lobbying for Change: Find Your Voice to Create a Better Society."

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