Van Rompuy/Ashton: A win for democratic legitimacy and possibly eurofederalism

After long thoughts in Constitutional Law of the European Union today and finally simmering down from my initial disappointment over the choices for the European Council Presidency and the High Representative for Foreign Affairs ("EU Foreign Minister") I came to the realisation that this decision was a victory for democratic legitimacy in the Union. I know that is a unorthodox view on things but I will try my best to explain my logic.

Currently, only one organisation in the structure of the merged EU structure is the European Parliament (since it is directly elected). The Parliament has control over the approval of the Commission and also has the right to ask questions to the Commission and to dismiss the Commission through a vote of no-confidence.

In a scenario where a Blair like figure had emerged as the European Council President, it would have detracted from the power of Parliament. Since the European Council President is more or less only nominally responsible to Parliament and outside of the Commission structure. Thus power would shift from the Commission and Parliament to the intergovernmentalist and non-elected European Council. Instead, Van Rompuy was selected to take a clearly administrative role as European Council President thus leaving the role of representing the European Union mainly to the High Representative and the Commission President.

In the second scenario, where a Bildt like personality had been selected as the High Representative, this personality would definitely outshine the dull star of Barroso and detract power away from the quasi-Presidential style of governance in the Commission now. It would harm Commission solidarity and undermine the authority of the President. Thus splitting the Commission and weakening the power of Parliament to keep the President accountable. (Much along the same lines as having a strong cabinet minister who clearly outshines the Prime Minister, leaving a crisis of leadership)

Thus with the current makeup, we get a consensus builder in the European Council who will fix problems between the member states but not challenge the Commission. It will place a competant Commissioner (read: Minister) in the Foreign Affairs portfolio and a clear authority figure on the top who can easily be accountable to Parliament and the Council (Chambers of the European Legislature). The President will still have a mandate from Parliament and the Member-States to formulate a political agenda and a competant team to exercise them.

All in all a win for the democratic institutions of the EU. No unelected stars challenging the powers of those institutions that have stronger elements of democratic legitimacy.

Also as a side note, this system will probably need to a consolidation of power around the Commission President, increasing the supranational character of the EU.