From midnight last night, the European Commission became illegal

As of midnight last night, the terms of 26 European Commissioners expired. Of the 27-strong college, only one, President José Manuel Durão Barroso, has been reappointed. The others, on any conceivable reading of the rules, are now occupying their posts illicitly.

Why is the EU, yet again, disregarding its own rules of procedure? Because the composition of the Commission would be altered by the European Constitution Lisbon Treaty, and Eurocrats were reluctant to go through an appointments procedure under the existing rules.

This is just one more way in which the EU has decided to anticipate the entry into force of Lisbon, and by no means the most significant (see here). Still, the move has generated remarkably little outrage – except from my brilliant constituent Denis Cooper, whose comments in these blogs threads are always worth reading. Denis has written to the 26 pretenders warning them that, if they seek to exercise the office of a Commissioner following the expiry of their term, they might be tried for impersonation.

I realise that, given the EU’s casual attitude to the law, my objections might come across as pernickity. But just imagine if something similar were to happen at Westminster. Imagine how we would react if Gordon Brown were to declare, without bothering to push through any legal changes, that the current Parliament was to sit beyond its quinquennial term. There would be fury, violence, revolution. Yet, when Brussels does the same thing, we take it for granted. That should tell you something.