Commission crisis - Barroso may not be out of trouble

EUROPE is in uncharted waters. To avert a major political crisis, incoming EU President Jose Manuel Barroso had to back down in the row over controversial Italian Rocco Buttiglione's nomination as Justice Commissioner.

As a result, the commission is in disarray, its appointment stalled for several weeks.

The blunt question now facing the president designate concerns his inability to pick a team and get it through parliament. Had the commission collapsed, which seemed inevitable as yesterday's crunch vote loomed, he would have had no choice but to go himself.

Caught between the proverbial rock and the hard place, Mr Barroso managed by the skin of his teeth to create a breathing space by seeking a delay in the vote on his new team of commissioners. Based on the one-out all-out rule, a thumbs-down for the Buttiglione nomination would have scuttled the 25-commission team, all hand-picked individuals nominated by the governments of Europe to run the EU.

There is no denying the president's credibility has been severely dented. Serious questions are being asked about his judgment.

By backing Mr Buttiglione down the wire, despite his offensive views on gays, married women and immigrants, Mr Barroso left himself little room for manoeuvre.

Those who claim the Italian was entitled to his opinions tend to overlook the sensitivity of a portfolio where he would have had hands-on responsibility for matters of justice, equality, human rights, and immigration. In a more straightforward brief, involving, say, a commodity like fisheries or agriculture, nobody would care a whit about his personal views. But it would be irresponsible to hand the justice portfolio to a man whose stated views reflect nothing of the tolerance, forbearance and open-mindedness which that role demands.

Simply put, he was the wrong man for the job. His position was untenable. Given that the writing has been on the wall for weeks, Mr Barroso's stubborn refusal to assign Mr Buttiglione to a new portfolio in a reshuffled team was inexplicable. To say the proposed president has come out of this debacle in an unflattering light would be an understatement.

If he opts to keep the Italian on the commission team, it will have to be in a role where there is no risk his personal views will influence decisions on human rights. Having said that, however, if he decides to drop him, the likelihood is that Liberal, Green and Socialist MEPs, who have now tasted power, will try and get rid of other nominees perceived as performing poorly under cross examination before the parliament.

While he has averted a crisis, Mr Barroso has failed to assuage the long festering tensions between the commission and a parliament where MEPs are seen as reflecting the democratic voice of Europe.

In contrast, the commission is an appointed body, a blend of technocrats and politicians, including some who have run their political course and are being rewarded with plum jobs on the Brussels gravy train.

After consulting the heads of government and testing the water with parliamentary leaders, Mr Barroso will put forward new proposals in a few week's time.

It would be tempting fate to suggest the outcome is purely academic. By holding the commission to account, the parliament has shown it has muscle and is prepared to use it. An institutional crisis has been averted - but only just.