The Pulse of the Union This Week

Highlights of events and news in the EU in the week ending on 7 October

 

EUROPEAN PARLIAMENT

The Members of the European Parliament (‘MEPs’) held plenary sessions this week in Strasbourg. Main decisions, proposals and concerns:

- They regretted that no progress has been made on key points of the issues under negotiation between the EU and the UK: the rights of Union citizens in Britain after Brexit; the status of Northern Ireland (UK) in terms of free movement with the Republic of Ireland (EU); the financial obligations of Britain towards the EU.

- Opinions of MEPs widely differed on the use of violence by the national police during the Catalan referendum and on whether Rule of Law and respect for the individual freedoms and rights were observed by Madrid. The right, or not, of Catalunya to declare independence under the Spanish constitution was debated. The conclusion was to call on both sides to engage in a dialogue.

- The MEPs rejected a legislative proposal by the European Commission, which aimed at exempting some chemicals in pesticides from having to be tested before their use could be authorised. Such chemicals are suspected of disrupting the endocrine function in humans and animals. The World Health Organisation (‘WHO’) in a recent report provided evidence that they can cause adverse reproductive effects (infertility, cancers, malformations) and could also hamper thyroid function, brain function, cause obesity, and affect insulin production, thus facilitating the on-setting of diabetes on healthy individuals.

- The EP gave its green light to establish a new independent body, the European Public Prosecutor’s Office (‘EPPO’), headquartered in Luxembourg, with the authority to investigate and prosecute EU fraud and other crimes affecting the financial interests of the Union. In 2015 fraud caused a loss of €637.6 million to the EU budget. Twenty member states have confirmed their participation, but other countries may opt-in in the future. The office has been mostly opposed by the UK, Ireland and the Scandinavian states.

- Following Ryanair’s recent massive cancellation of flights, affecting 400,000 passengers, the Parliament has urged the Council to review the legislation on passenger rights. Ryanair is currently refusing to pay any compensation to the stranded passengers.

- The MEPs issued a resolution to combat child marriages in developing countries and induce such countries to implement measures that enhance education, economic empowerment, participation of women in decision-making, and give better access to services on sexual and reproductive health.

Data in the possession of the Parliament reveal that:

- One in every three girls in developing countries is married before turning 18

- Complications in pregnancy and childbirth are the leading cause of death for girls aged 15 to 19 in low- and middle-income countries

- 60% of child brides in developing countries have no formal education

COMMISSION

Competition Policy

- The European Commission has decided to refer Ireland to the European Court of Justice, in accordance with Art. 108 (2) TFEU, for failing to recover from Apple a state aid which Dublin had granted over several years to the U.S. company in the form of tax exemption. The state aid is worth up to €13 billion.

- The Commission is working on measures to be taken against Luxembourg, should the member state does not recover the amount of €250 million from Amazon. The U.S. company has profited between 2006 and 2014, according to the Commission, from undue tax benefits, which gave it unfair economic advantage in respect to other businesses.

Commissioner Vestager

“[With the legal action against Ireland and the ruling on Amazon in Luxembourg] we have come a long way [on implementing the state aid provisions of the TFEU]. A number of EU countries have made an effort to comply with EU state aid rules by changing their ruling practices”, said Competition Commissioner Magrethe Vestager (DK) at a press conference on 4 October.

GREAT BRITAIN

UK PM Theresa May

- The ruling party is going through tough times. After a speech to the annual conference of the members of the Conservatives, there is growing uncertainty about Theresa May’s leadership style and her ability to keep the troops together in such critical time—the difficult negotiations with the EU on the modalities of the Brext. There were on Friday rumours of a possible ‘palace revolution’ among Tory MPs to force the Prime Minister to resign.

- Criticism has been going on for months, but Theresa May’s speech reinforced the belief of her opponents within the Party, and negatively influenced even some of her moderate backers, that she does not have ‘what it takes’ to lead the Kingdom out of the Union.

- She ran, indeed, into problems during her address to the members, but the whole incident seems to have been exaggerated by the media. A large number of UK journalists and broadcasters have been antagonistic to Brexit and to her, personally, since last year. She may have not been brilliant in handling this event, indeed. For the common observer, this can be a lesson on public speaking.

Murphy’s law proved once more valid:

“If anything can go wrong, it will.”

Catalan Referendum EL 1-0: Voters Brutalised by Police

'ULTIMA ORA 20:00

The referendum for the independence of Catalunya has been completed, but the day of the 1st October 2017 will remain as a black stain in the history of the region and of Spain.

There are no specific data at this time on the turnout of voters. The central Spanish government of Madrid has done all it could to abort the vote and to intimidate those who wanted to vote. Brutal force has been used by the Guardia Civil (gendarmerie) dispatched to Barcelona and to major urban areas of the autonomous region. The gendarmes forcibly evacuated polling stations and evicted without restrain those waiting to cast their ballot. Los Mossos (local police) have been accused by Madrid's Ministry of Interior to have stayed on the sides of the events.

At least 430 civilians had been injured by 15:00 hours, according to Barcelona's department of health. A majority are women and elderly citizens. The security forces have used freely fire arms, shooting rubber bullets. 

The deliberate use of rubber bullets has been scrutinised, and condemned in the past on many occasions by the UN's Human Rights Committee and by the European Court of Human Rights ('ECtHR') as being in breach of Article 6 of the International Covenant on Civil and Political Rights ('ICCPR') and of Article 2 of the European Convention on Human Rights ('ECHR'), respectively.

The photographs and video clip below illustrate the climate in Barcelona on this Sunday. 

It is surprising, and regrettable, that until Sunday evening  the European Council and the Commission have not attempted to talk the central Spanish government out of violence against, and disproportionate repression of defenceless civilians. The institutions of the EU have missed an opportunity to establish credibility as staunch defenders of human dignity and of freedom of expression among the public opinion of third countries, which aspire at becoming members of the Union.

La Guardia Civil evicts voters by force from polling stations

Photos from The National, Scotland

Two Thirds of Catalans Will Vote – SI to Independence Seems a Winner

• There are celebrations, and violence, in the air of Catalunya and its capital Barcelona. The autonomous province in the Northeast of Spain is preparing for a referendum on 1^st October to decide whether its local government should begin proceedings for independence.

Catalunya (in red)

The national Spanish government in Madrid has banned the referendum, and its Constitutional Court has declared it illegal. Yet, a large majority of the 7.5 million Catalans are determined to cast their vote, in spite of massive concentration in the main cities of Spanish gendarmes and military forces, and the occupation of schools by anti-independentists in an effort to stop the poll. The situation is likely to get worse on Saturday and Sunday.

In spite of the effort by Madrid to put an end to the movement, manu military and through intimidation, with police raids to the offices of Catalan political parties, with the detention of local politicians and journalists, and the decision of the Ministry of Communications to disrupt the functioning of the Internet in order to sabotage online voting,  foreign observers are now convinced that the referendum will be held. 

The largest circulation Catalan newspaper La Vanguardia published today the results of an opinion poll commissioned by the Scottish daily The National. The data released predict that 62% of the eligible voters will go to the polling stations in the region, while 38% will stay home. Of these voters, 83% will vote ‘Sì’ (yes) for independence and 16% ‘No’. Two per cent will cast a blank or invalid bulletin.

Front page of The National of Scotland on 30 September 2017

What will happen the ‘Day After’? Not clear at this time. The referendum is non-binding within the context of the Spanish Constitution, and following the recent judgement by Spain’s Constitutional Court. So, no immediate consequences are expected. But a strong ‘Yes’ position by the residents will trigger a series of actions by the local political forces in the effort to begin negotiations with Madrid for a revision of the current political and economic status of Catalunya, and for a longer-term option to have a binding referendum on independence.

The European Union has said that they would not recognise the results of the 1^st October poll, but its spokesmen have abstained from taking a political position on the matter. Many member states with large minorities of EU citizens within their borders are, obviously, nervous and would not like this affair to set a precedent encouraging emancipation of provinces. So, Brussels is stuck between maintaining the status quo in national sovereignty and standing for its own principles on individual rights and on the freedom of EU citizens to make democratic choices. 

Catalunya explained to foreigners

Catalunya: A region apart - BBC documentary

An Erasmus Programme for SMEs?

Commission’s DG Employment is working on a proposal for the next EU Multi-annual Budget Frame to launch an Erasmus-like programme for employees of SMEs throughout the Union, starting in 2021.

The idea, labelled Mobile SME, consists of enabling employees of small and medium-sized companies, as well as self-employed persons, to work for a short period in a company of their sector in another EU country.

Mobile SME -- Commission's new initiative

For the DG Employment and the participating so far representatives of SMEs and Entrepreneurs associations, cross-border employee exchange is a “win-win situation”, as the employees, their employers and their host SMEs gain substantial know-how and improve in real terms their knowledge of the profession. The jobs of the employees who take leave in order to work abroad under the scheme will be guaranteed by their current firms, while the host SMEs will receive financial assistance from Brussels.

Tests in 2015-2016 have led the Commission to be optimistic as to the potential demand for the programme. Another test is being planned for 2018 to validate the previous findings.

One of the intentions of the Commission may be the democratisation of cross-border learning on-the-job, a privilege so far reserved to managers and specialists working for large multinationals.

Learning on the job, as an exchange worker.
Here: Epic Google Campus, Ireland. Courtesy: Google, Inc.

A Hole in the Cold Waters of Tallinn

The mid-semester European Council informal meeting was held from Thursday evening to Friday afternoon in Tallinn. Estonia holds the presidency of the EU in the first half of 2017.

Nothing news-braking happened at this meeting. There had been expectations that the ‘digital future of Europe’ would have been the main theme, and that the Brexit process would have been clarified—but they remained unfulfilled.

Talinn, City Centre -- Credit: Wikimedia commons

The news on Brexit varied widely, based on their sources: German Chancellor Angela Merkel displayed optimism for the direction the discussions are taking, while Commission President Jean-Claude Juncker said that “a miracle is needed” for progress in the negotiations with London to advance by the end of October. ‘Digital Europe’—including e-governance, cybersecurity and the development of advanced technology industries--was marginalised and overtaken by growing interest in Artificial Intelligence, an area in which the Union is behind the U.S. and Asia. The plan on Digital Europe foresees heavy policing and taxation of Internet activities and of its large players (Google, Apple, Microsoft, and others), an initiative already rejected by several member states—particularly Ireland and Luxembourg.

Some of the above issues are now on the agenda of the official European Council meeting in mid-October in Brussels. Social issues will be discussed in November at another informal meeting in Sweden.

In the margins of the conference it was observed that there are growing disagreements among the 26 member states that attended (Spain’s PM excused himself in view of the Catalan referendum this weekend) in respect to the future direction of Europe, following Juncker’s “State of the Union” speech of 13 September and to a long and controversial speech by French President Emmanuel Macron earlier this week. One point that gathered consensus among the heads of state and government was that they need more, and more frequent, informal meetings among themselves to discuss current issues without having to make decisions.  

Brexit to go ahead: UK Parliament

MPs approve 461 v 89 plan to trigger Art. 50 TEU by 31 March

The members of the UK Parliament (‘MPs’) have voted on Wednesday evening (7th December, 20:10 UTC) in London to support the government’s plan to trigger Article 50 TEU and the ensuing exit negotiations of Britain from the EU by 31^st March 2017.

The vote at the lower parliament chamber of the Kingdom (‘House of Commons’) confirmed by a vast majority (461 to 89) the right of the government to proceed with the mandate it received from the people of Britain following the referendum of 23 June 2016 to act on the popular will (51.9% in favour of Brexit).

UK Parliament  - Image credit Mdbeckwith Wikimedia

The Labour party, and political forces in Scotland and Northern Ireland (where the majority of voters was against Brexit) have tried for the past five months to raise obstacles to the implementation of the  results of the referendum.

On Tuesday, the Labour party filed a motion saying the government should publish a plan and it was "Parliament's responsibility to properly scrutinise the government" over Brexit. The motion initially received 448 v 75 votes, but the debate today in the House of Commons, and a compromise reached between the Conservative (ruling) party and Labour, has now given a clear go-ahead to the government to proceed with its plans. The opposition has, however, made it clear that they will closely monitor the negotiations process.

The result of the parliamentary vote is likely to influence the decision of the UK Supreme Court, which is due to decide later this month whether the government can trigger Art. 50 TEU within the frame of its own powers, or whether the Parliament should first officially approve activation of Art. 50 TEU. The Supreme Court judges are hearing this week the arguments of the parties.

Theresa May, UK PM, has demonstrated her political ability, and shrewdness, by bringing the matter to parliamentary vote before the Supreme Court’s decision. She has also deflected a rebellion by 40 MPs of her own party this week, who consider that the parliament is above citizens' decisions taken by referendum.

But the matter is not over. Mrs May will now have to develop a well thought-out Brexit strategy in the face of a dis-united EU, whose core members—Germany, France, the Netherlands—are seeking ‘blood’, in the sense of inflicting upon the UK tough economic and freedom-of-movement sanctions, among other forms of punishment. Many hard-core EU members would like to isolate Britain from Europe and use the Brexit case as a deterrent for other member states, which, in these politically volatile times, are playing with the idea of quitting the Club.

This is the political stance of unconditional Europhiles with federalist aspirations—Angela Merkel, François Hollande, Jean-Claude Juncker, Donald Tusk, and (until this week) Matteo Renzi. But times have changed, and the results of presidential or legislative elections next year in the Netherlands, France, Germany will finally determine the viability of the European Project, and the position to adopt in respect to Brexit. Hopefully, cool heads will prevail, and Europe will continue to be an area of prosperity and peace, as in the past 60 years.