ABSTRACT
Chapter 2 focuses on the status of accountability within the European Commission. The European Commission has long been criticised for its administrative inadequacies and for the structural deficiencies in the Union’s system of accountability. There have been a number of reports depicting the Commission as an institution suffering from structural and political irregularities. In the wellknown Cresson judgment, the Court of Justice examined the legal aspect of the en bloc resignation of the Santer Commission. It was held that Mrs. E. Cresson had acted in breach of her Treaty obligations as a European Commissioner. The long-lasting constitutional implications of this ruling are examined since the finding of breach was seen by the Court as a sufficient penalty and no further sanction was imposed. The Commissioners’ responsibility in the light of this judgment and the Commission’s resignation are examined to assess whether the Commissioners retain a high level of accountability. The chapter concludes that the Court of Justice lost a unique opportunity to clarify which obligations are incumbent on members of the Commission within the meaning of ex Article 213(2) of the European Community Treaty, post Lisbon Article 245 of the Treaty on the Functioning of the European Union (TFEU).
