Natstrackalpha:
So, aquadalte - what is your opinion then?
I'm with you. The Commander is the ultimate responsible for the safe conduct of the flight,
whether manipulating the controls, or not, as stated in ICAO Annex II and in EC REG 932/2012 (SERA - Standard European Regulations for Aviation) which is the European version of the latter.
SERA.2010 Responsibilities
(a) Responsibility of the pilot-in-command
The pilot-in-command of an aircraft shall, whether manipulating the controls or not, be responsible for the operation of the aircraft in accordance with this Regulation, except that the pilot-in-command may depart from these rules in circumstances that render such departure absolutely necessary in the interests of safety.
SERA.2015 Authority of pilot-in-command of an aircraft
The pilot-in-command of an aircraft shall have final authority as to the disposition of the aircraft while in command.