Double hat

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A double hat is the legal connection between two offices or functions in different institutions. The double hat is to be distinguished from the personal union, in which a person can exercise two legally separate offices for reasons inherent in the person, e.g. because they were elected for both offices in separate elections.

European Union

The term double hat plays a role above all in the area of ​​the political system of the European Union , where such double functions were discussed in the European Convention , which drafted the EU Constitutional Treaty of 2004. The aim was to better interlink the European Commission and the European Council and to reduce dual responsibilities in political leadership and in the common foreign and security policy . The innovations contained in the Constitutional Treaty were later incorporated into the Lisbon Treaty and came into force in 2009.

On the one hand, the debate in the Constitutional Convention was the big double hat , namely the merging of the offices of Commission President and President of the European Council into one President of the European Union . While the Commission President is appointed for a five-year term by the European Council with the consent of the European Parliament , the Presidency of the European Council rotates every six months between the heads of state and government of the EU. However, the proposal of the great double hat could not prevail in the constitutional convention. Instead, the office of a full-time President of the European Council was created, who is appointed by the European Council for two and a half years. The office is not linked to that of the Commission President; However, the EU Treaty does not expressly exclude the possibility that the Commission President in personal union could also be President of the Council if the European Council so decides.

While the large double hat was rejected, the so-called small double hat was able to prevail in the constitutional convention. This involved the merging of the offices of the Commissioner for External Relations , who was responsible for foreign policy in the European Commission, and the High Representative for the Common Foreign and Security Policy , who was in charge of the EU's external relations on behalf of the European Council. Both functions were brought together by the Treaty of Lisbon in the office of the EU's High Representative for Foreign Affairs and Security Policy , who is also Vice-President of the European Commission and Commissioner of the European Council. The High Representative is responsible to both the Commission President and the European Council. The High Representative for Foreign Affairs and Security Policy is elected by the European Council with the approval of the Commission President and can be voted out by the European Council in the same way, in accordance with Art. 18 (1) TEU.

In the course of the reform debate as a result of the euro crisis , a double or triple hat was also proposed for the European Economic and Monetary Union in 2010 , which would hold the positions of Commissioner for Economic and Monetary Affairs , Chairman of the Council for Economic and Financial Affairs and Chairman of the Euro -Group should unite with each other. This proposal was made in a report by MEP Pervenche Berès and was approved by the European Parliament. However, it would require a reform of the AEU Treaty and thus the approval and ratification of all member states.

Other examples

There are also examples in other areas of the legal connection between two different functions, even if the term double hat is less common here. In Germany, for example, the President of the Federal Statistical Office is also the Federal Returning Officer .

Individual evidence

  1. EurActiv , Oct 15, 2010: Parliament to support "Mr" or "Ms Euro" plan .