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European Council
Public discussion and argument
Lifted from the Explanatory Note to SI 2019/04—
The Government (Reform) Act 2017, which creates the Commission, specifies in section 7(c) thereof that "If a post is unfilled, the post may be taken by the colleague nearest to reelection, subject to the veto of the Delegate within three days. Otherwise, the post shall remain unfilled until the next election".
Sections 3(b), 4, and 5 of the Commission Resignation Act 2019 require the Delegate to find a nation under certain conditions to replace a Commissioner who is to resign. However, in section 7(c) of the Government (Reform) Act 2017 states that posts which are not taken, subject to veto, by the colleague nearest to reelection, "shall remain unfilled until the next election".
The question before the Council is:
Public discussion and argument
Lifted from the Explanatory Note to SI 2019/04—
The Government (Reform) Act 2017, which creates the Commission, specifies in section 7(c) thereof that "If a post is unfilled, the post may be taken by the colleague nearest to reelection, subject to the veto of the Delegate within three days. Otherwise, the post shall remain unfilled until the next election".
Sections 3(b), 4, and 5 of the Commission Resignation Act 2019 require the Delegate to find a nation under certain conditions to replace a Commissioner who is to resign. However, in section 7(c) of the Government (Reform) Act 2017 states that posts which are not taken, subject to veto, by the colleague nearest to reelection, "shall remain unfilled until the next election".
The question before the Council is:
Do these sections of the Commission Resignation Act 2019 – or any section creating any scheme other than that described section 7(c) of the Government (Reform) Act 2017 – which would fill a vacant post in the Commission, contradict section 7(c) of the Government (Reform) Act 2017?