EU members give nod to Commission without UK

• EU members gave the go-ahead Monday for the formation of a 27-strong European Commission.
• In theory the commission should have a member from each member state.
• This cannot undermine the regular functioning of the Union.

Meeting in Brussels, ministers from the remaining 27 capitals endorsed commission president-elect Ursula von der Leyen's line up for the EU's executive arm.

"This paves the way for the vote of consent in the European Parliament on the entire Commission as a body," the European Council of member states announced.

Von der Leyen's commission will now be presented to the European parliament in Strasbourg on Wednesday, and remains on course to take office on December 1.

In theory the commission should have a member from each member state, and Britain is not due to leave until the latest long-delayed Brexit date of January 31.

But Prime Minister Boris Johnson's government argues it cannot choose a nominee before the British election on December 12, as normal business is suspended.

Some in Brussels warn, therefore, that directives from the new commission could face legal challenges if opponents argue that the body was not properly constituted.

Brussels has launched a procedure against London for infringing EU law, hoping that this will show that they tried in good faith to find a UK commissioner.

"No candidate for a member of the Commission has been suggested by the United Kingdom," the council said.

"This cannot undermine the regular functioning of the Union and its institutions and thus cannot constitute an obstacle to the appointment of the next Commission."