EU's Brexit crisis: VDL's lawyers scramble for loophole to block Boris' commissioner

URSULA VON DER LEYEN has scrambled officials to investigate whether a missing British commissioner could cripple her team of top Brussels bureaucrats, Express.co.uk can reveal.

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The European Commission president-elect has ordered the institution’s lawyers to work through “all options” in a bid to keep her leadership on track. Ms von der Leyen’s presidency has already been delayed until December after three of her EU commissioners were rejected by the European Parliament. The German was due to replace Jean-Claude Juncker next month as the bloc’s most senior official.

But now her leadership faces further doubt because of a three-month Brexit delay yesterday agreed by European leaders.

The Commission’s legal service is working to investigate whether any loopholes could be exploited to ensure the Brussels-based executive can function without a British representative.

There is no guarantee Boris Johnson will comply with Ms von der Leyen’s recent request to nominate a British commissioner ahead of December.

European sources said plans could even be drawn up to spare the Prime Minister any blushes and simply leave the UK’s seat empty.

Ursula von der Leyen

Lawyers are working to establish if Ursula von der Leyen needs UK commissioner during Brexit delay (Image: GETTY)

Ursula von der Leyen

Ursula von der Leyen is due to become EU Commission president in December (Image: GETTY)

One official said: “This is unique in EU history and our level services are very careful.

“We wait for their advice and then we’ll reach out to our interlocutors on the other side of the Channel.”

Another insider said members of the European Parliament are planning on voting on current Commission vacancies for France, Romania and Hungary in November.

MEPs could do the same for a British candidate unless an alternative plan is established by EU lawyers.

Last night European leaders agreed to a “flextension” of Britain’s EU membership until January 31.

Under the plan, Britain has the opportunity to leave earlier as long as the divorce settlement has been ratified by Parliament.

Boris Johnson

Boris Johnson reluctantly agreed to the January 31 Brexit delay last night (Image: PA)

The country has been offered three possible dates where the withdrawal agreement struck by Mr Johnson with Brussels kicks into force - December 1, New Year's Day or February 1.

In a letter to Brussels, Mr Johnson vented his frustrations over having to confirm the UK’s “formal agreement” to the Brexit delay.

The Prime Minister said he had “no discretion” under the law “imposed on this Government against its will”.

"I must make clear my view that this unwanted prolongation of the UK's membership of the EU is damaging to our democracy and to the relationship between us and our European friends," he wrote.

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Boris Johnson

The Prime Minister has not yet signalled if he is willing to send a commissioner to Brussels (Image: PA)

Election polls

Election polls as Boris Johnson tries to force snap ballot (Image: EXPRESS)

"I would have much preferred it if the UK Parliament could have proceeded rapidly to ratify the deal we reached between us.

"Unfortunately I very much fear that this Parliament will never do so as long as it has the option of further delay.

“That is why I am seeking a general election in December to ensure the election of a fresh Parliament which is capable of resolving the issue in accordance with our constitutional norms."

Mr Johnson also insisted extensions “have to end” and urged EU leaders to veto any further delays to Brexit.

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The Prime Minister warned them Parliament would “simply extend our membership again and again” unless Brussels forces it to make a decision.

He will today make a last-ditch effort to secure a pre-Christmas general election after his initial attempt was blocked by MPs.

The Prime Minister last night took up an offer by the Liberal Democrats and SNP of an early election in return for a promise to abandoning efforts to his Brexit deal through parliament.

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