The resignation on Monday (16 September) of now-former Internal Market Commissioner Thierry Breton, known as the key architect of the EU’s current digital agenda, is viewed by some as a chance to reshape what has often been criticised for being controversial.

Breton (Renew Europe), the French commissioner in charge of the internal market from 2019 to 2024 and France’s initial choice to return to the Commission for another five years, resigned on Monday (16 September). The Elysée Palace has already announced former Europe and foreign affairs minister Stéphane Séjourné (Renew Europe) as France’s new pick to join the College of Commissioners.

Breton was the lead commissioner negotiating several of the EU’s landmark digital laws, including content moderation (DSA), antitrust (DMA), data sharing (DGA and Data Act) and artificial intelligence (AI Act). He was also responsible for space, defence and security.

“After Nicolas Schmit, now Breton: why are all the political heavyweights apparently not getting to play a relevant role in the Commission president’s proposal for a new college?” German MEP René Repasi (S&D, the former rapporteur to the Right to Repair Act, wrote on X.

But just like Repasi, many experts are now questioning European Commission President von der Leyen’s grip on the next College of Commissioners and how this would play into the upcoming five years in EU’s digital policy.

Passing the European Parliament’s test

Breton’s successor will first have to face the hearings, expected mid-October, in front of the newly elected Members of Parliament.

“I hope the successor in [Breton’s] duties will not shy away from dealing with Big Tech accountability,” wrote on X Italian MEP and former AI Act co-rapporteur Brando Benifei (S&D), adding that the commitments of the newly designated commissioners will also be verified during the hearings.

The European Commission still wishes to proceed according to plan and announce the composition of the College of Commissioners and their portfolios on Tuesday (17 September), a Commission spokesperson told journalists at a press conference.

Commissioners should then attend hearings before MEPs and face a vote.

Reshaping the EU’s digital agenda

Repasi called Breton’s resignation “a huge loss,” while German MEP Sergey Lagodinsky (Greens) wrote on X he did not “see how this gap will be filled.”

Yet, Breton’s tenure as commissioner has also been harshly criticised.

He “promot[ed] himself and maximis [ed] his own power,” Rebecca Adler-Nissen, a professor of international relations at the University of Copenhagen, wrote on X.

He “block[ed] tech progress in Europe” through regulation, the head of AI at Swiss liquid transport company Georg Fischer wrote on LinkedIn.

He favoured EU incumbent operators in the telecom industry, wrote Benoit Felten, a partner of telecoms consulting company Plum Consulting, on LinkedIn.

Euractiv understands that with Breton’s resignation, the EU’s largest telecoms operators are indeed losing a strong advocate for their cause.

But with Breton failing to deliver a new telecoms law during his mandate, despite relentless calls from the EU’s largest telecoms companies and criticism from within the sector itself, a new name could come as a blessing.

Big Tech companies Meta, Google, Apple and lobby group CCIA Europe declined to comment on Breton’s resignation and what this means for them in terms of enforcing both the DMA and DSA.

Elon Musk’s X, which made headlines over the summer for its public feud with Breton over the DSA’s enforcement, did not respond to Euractiv’s request for comment.

What could change the course for the future of EU digital policy will be the upcoming announcement of the new College of Commissioners, their respective portfolios and the content of their mission letters, which experts say could be influenced by last week’s report by Mario Draghi.

An unclear portfolio

Euractiv understands that current talks between French President Emmanuel Macron and Commission President Ursula von der Leyen are at the point where Séjourné would be given the very sought-after post of executive vice president.

This post could include the same internal market and industry portfolio that Breton held but with a broader focus on the capital markets union, monetary policy, the economy, financial services and research and development.

However, it is still unclear whether France will retain control of the Commission’s directorate in charge of drafting digital policies (DG CNECT).

“[Séjourné] does not have the business experience of Breton,” German MEP and former rapporteur for the DMA Andreas Schwab (EPP) told Euractiv.

Finnish Henna Virkkunen (EPP), Spanish Teresa Ribera (S&D) and Austrian Magnus Brunner (EPP) are also likely candidates to take over the Directorate-General for Communications Networks, Content and Technology (DG CNECT).

Read more with Euractiv