Brexit: a summary of the situation (Part 2)

Barbara Zak

Brussels’ response : you can’t have your cake and eat it too

British Prime Minister Theresa May (L) welcomes President of the European Council Donald Tusk (R) to 10 Downing Street in London, Britain, 08 September 2016. May and Tusk held talks on Britain's exit from the European Union. EPA/ANDY RAIN

British Prime Minister Theresa May (L) welcomes President of the European Council Donald Tusk (R) to 10 Downing Street in London, Britain, 08 September 2016. May and Tusk held talks on Britain’s exit from the European Union. EPA/ANDY RAIN

Following the announcement of the results of the referendum on the membership of the United Kingdom (UK) to the European Union (EU), it was understood that the EU respected the change of heart of the majority of the UK citizens. EU leaders do not want to go back in time but agree on the UK leaving the EU as soon as possible. Brussels is simply waiting for the formal notification of the UK to trigger the article 50 of the TEU. Even Donald Tusk (the President of the European Council) told Theresa May “the ball is in your court”. However the EU refuses to negotiate with the UK until the government has triggered the article. The reason may be the fear of contagion of a “Brexit” in other EU member states – Brussels is afraid of the ripple effect. With the rise of nationalism and populism, we can expect from far-right ruling parties to claim a referendum about leaving the EU in their countries. Moreover, the current uncertainty around the economy of the UK can have repercussions on the EU’s trade. The decrease of investments in the UK can be contagious to the European continent. There is an economic and ideological cost to the delay of the withdrawal of the UK.

            The heads of the member states, without the head of state of the UK, met informally on the 16th of September 2016 in Slovakia in what is called the Bratislava summit. The aim of this meeting, which was already planned before the referendum, was to discuss the stability and security of the EU. The withdrawal of the UK was not on the agenda of this gathering. However, it was more a way to show the unity and thus the strength and solidarity of the EU. However, on the inside, the EU is at a crisis – it is only a matter of time before another member state reveals its intention to withdraw from the Union. For instance, a referendum on the EU relocation plan will be held in Hungary on the 2nd of October 2016, which goes against the EU refugee policies. This “EU Quotas Referendum” illustrates the fact that some members of the EU disagree with the policies of the EU – it may be the beginning of their rebellion. As a matter of fact, the heads of states of Hungary, Poland, the Czech Republic and Slovakia recently met several times as the Visegrád Group in order to discuss the issues related to the EU. As a consequence, the EU cannot be too soft towards the UK in order not to incite other member states to do the same. The argument of the economy is the strongest: the single market can be open to the UK only if they accept the free movement of people. Leaving the EU does not mean abandoning its drawbacks while still benefiting from its advantages.

The conundrum of Scotland, Northern Ireland and Gibraltar

            Even though the “leave” won over the “remain” in the EU referendum, anti-Brexiters still cannot recover from the results, in particular in the parts of the UK where the “remain” was overwhelming: Scotland (62%), Northern Ireland (55.8%) and Gibraltar (95.9%).

Nicola Sturgeon, First Minister of Scotland

Nicola Sturgeon, First Minister of Scotland (Photo: GETTY)

            Many Scots, right after the announcements of the results of the UK referendum, asked for a second referendum on this topic. However, May’s government declared that a second referendum would not be held. There are some possibilities about a second Scottish independence referendum though – but not before the article 50 of the TEU is triggered. Nevertheless, both Labour and Liberal Democrat politicians, along with polls, are against the will of the First Minister of Scotland Nicola Sturgeon to have a second independence referendum. Actually, the “Reverse-Greenland” concept may be the solution for Scotland as they wish to stay in the UK and in the EU. Parts of the UK can maintain Britain’s membership of the EU. This means that Scotland does not need to apply to access the EU. The Greenland solution refers to the Greenland treaty which entered into force in 1985, following the Greenlandic referendum of 1982: Greenland, at that time part of Denmark, could leave the EU while Denmark was still a member state of the EU. In the case of Scotland, it is the opposite situation. Scotland would have an associate membership of the Union, namely the access to the single market, EU citizenship and free movement of goods/people/workers/students. They will pay membership dues. In a nutshell, they would take the seat of the UK in Brussels.

The case of Northern Ireland is a bit different from Scotland. Leaving the EU would mean too big economic consequences for Northern Ireland in comparison with Britain. There is the fear of losing the agricultural subsidies that are actually much needed and in demand by farmers. In addition, the transaction costs for trading in the EU (that did not exist before) would be overwhelming for Northern Ireland. Instability would resume in Northern Ireland’s situation. Another problem, that is geographical this time, would be the border with Ireland, which is a member state of the EU. Irish people are afraid to turn back in time to the Troubles period (conflict in Northern Ireland during the late 20th century). Thus they aspire to keep the free movement and the customs union across the border – the trade between two states decreases the possibility of them being at war. However, everything is in the hands of May’s government and the EU’s willingness to be flexible during the future negotiations. Arlene Foster, Northern Ireland’s First Minister stays confident – Theresa May should not negotiate a Brexit that simply suits English interests. Yet the best option for Northern Ireland would be the same as Scotland: the Reverse-Greenland solution, that is to say to remain in the UK and in the EU.

Gibraltar was one of the territories where the “remain” vote was strong: nearly 100%. The main reason is the economy: Gibraltar imports exclusively from the EU. The transaction costs for trading with the EU would be utterly crushing Gibraltar. The Reverse-Greenland solution could be effective, only if there was no hiccup – more precisely, a Spanish hitch. In fact, Spain has a sovereign claim over Gibraltar due to its history. If the UK leaves the EU, Spain could isolate Gibraltar from Europe by building a wall alongside the border. Crossing the wall would mean paying border fees. In the case of applying the Reverse-Greenland solution, Gibraltarians are afraid that Spain would not accept it and veto it. The Spanish Government could veto the terms of any Brexit negotiation between the UK and the EU that sought to include Gibraltar. Indeed, Spain is fully entitled to do so: as soon as the UK activates the withdrawal process, the European Council must agree the broad terms of the withdrawal negotiation by unanimity. Spain’s Minister of Foreign Affairs and Cooperation José Manuel García-Margallo is resolute and says Spain will not leave the case until it receives at least the joint control of Gibraltar. As a result, Gibraltarians call for a second referendum explaining that the “leave” option was not clear enough – yet it is well understood that it is probably their last hope to stay in the EU.

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Sources:

Brussels’ response

https://www.theguardian.com/politics/2016/sep/08/donald-tusk-theresa-may-article-50-brexit-negotiations-eu

https://www.theguardian.com/politics/2016/jun/25/uk-faces-brexit-crisis

https://theconversation.com/brexit-et-dependances-61830

https://www.theguardian.com/world/2016/sep/16/bratislava-summit-donald-tusk-urges-eu-leaders-not-to-waste-brexit-crisis

http://www.telegraph.co.uk/news/2016/09/15/bratislava-summit-what-is-on-eu-27s-agenda—and-what-is-not—a/

http://www.france24.com/fr/20160916-sommet-bratislava-ue-relancer-apres-brexit

Scotland

http://www.express.co.uk/news/politics/683056/Brexit-will-Scotland-leave-UK-Britain-second-Scottish-independence-referendum-break-up

http://www.independent.co.uk/news/uk/politics/brexit-scotland-nicola-sturgeon-eu-uk-theresa-may-scottish-veto-block-withdrawal-a7141231.html

http://www.dailymail.co.uk/wires/pa/article-3805290/Sturgeon-call-second-Scottish-independence-referendum-autumn-2017.html

https://www.theguardian.com/politics/2016/jul/17/nicola-sturgeon-would-consider-2017-scottish-independence-referendum-brexit

http://www.express.co.uk/news/uk/706467/Nicola-Sturgeon-humiliated-Scots-second-independence-referendum-vote-Brexit-EU

https://www.theguardian.com/commentisfree/2016/aug/28/the-guardian-view-on-a-second-scottish-referendum-sturgeon-has-no-choice-but-caution

http://www.itv.com/news/2016-08-13/uk-could-do-a-reverse-greenland-to-allow-scotland-to-remain-in-the-eu/

Northern Ireland

https://www.theguardian.com/uk-news/2016/aug/10/northern-ireland-leaders-set-out-brexit-demands-to-theresa-may

https://www.theguardian.com/uk-news/2016/jul/25/theresa-may-hard-border-fears-northern-ireland-visit-brexit

http://www.newstatesman.com/politics/staggers/2016/07/brexit-beginning-end-northern-ireland

http://www.lemonde.fr/referendum-sur-le-brexit/article/2016/07/27/l-irlande-casse-tete-de-l-apres-brexit-pour-theresa-may_4975155_4872498.html

Gibraltar

http://www.express.co.uk/news/politics/665033/EU-Referendum-2016-What-Brexit-Mean-for-Gibraltar-Rock-British-Territory-Spain

http://www.express.co.uk/news/uk/650355/Brexit-threat-Spain-will-control-Gibralter-soon-as-Britain-leaves-EU

http://chronicle.gi/2016/07/spain-could-veto-brexit-talks-margallo-says/

http://chronicle.gi/2016/03/britain-must-include-gibraltar-in-post-brexit-negotiations-report-says/

http://www.bbc.com/news/world-europe-36618796

https://www.ft.com/content/bea8ecf4-452a-11e6-9b66-0712b3873ae1

Read more:

https://theconversation.com/the-eu-bratislava-summit-explained-65604

https://www.theguardian.com/world/2016/sep/13/expel-hungary-from-eu-for-hostility-to-refugees-says-luxembourg

http://uk.reuters.com/article/uk-britain-eu-scotland-greenland-idUKKCN0ZJ0A1

Reklamy

Brexit: a summary of the situation (Part 1)

Barbara Zak

Photo by Lucy Schiel / 24th January, 2016/ http://cravenhouse.net

Photo by Lucy Schiel / 24th January, 2016/ http://cravenhouse.net

On the 23rd of June 2016, the United Kingdom (UK) held a referendum on its membership to the European Union (EU). The turnout was the highest ever in the UK : 72%. Incredible, yet not surprising as it deals with the future of the country. The citizens of the UK had to choose between staying in or leaving the EU. With 51,9% of the votes, the “leave” won, especially in England and Wales while the votes for the “remain” took over Scotland, Northern Ireland and Gibraltar. However, many highlight the fact that the referendum is not legally binding – yet it is definitely socially binding. As it was not a poll but rather the decision of the people, politicians cannot put aside its results. In order to start the process of leaving the EU, the Member State shall invoke the article 50 of the Treaty on the EU on the withdrawal of any Member State. However, the new Prime Minister Theresa May (who succeeded to David Cameron (who was in favour of remaining in the EU) after his resignation) predicted the date of the withdrawal of the UK not to occur before 2019.

Economy, immigration and sovereignty : the main issues of the IN vs OUT campaign

            The dispute between the parties of the “remain” and “leave” were based on three principal arguments. Both parties saw positively and negatively the effects of the UK’s membership to the EU on the national economy, on the growth of immigration since its accession and on its sovereignty.

            While pro-Brexit supporters depicted the EU as an institution sucking endlessly a huge amount of pounds that could directly go into the public services, anti-Brexit people were persuaded that the EU added to the UK’s prosperity. EU countries are still the biggest buyers of English goods – being a member state of the EU provides companies registered in the UK with an utter access to over 500 million consumers in a tariff-free trade area. In a nutshell, it is easier and cheaper to sell in the EU market. As a consequence, if the UK leaves the EU, it leaves this golden market. However, it was quite unexpected to see that the British economy was doing fine a few weeks after the announcement of the victory of the “leave”: the fact that the pound lost 10% of its value was counterbalanced with the increase of the number of tourists, especially from outside Europe. Against all odds, it seems that the UK’s economy could still manage its survival without having a direct access to this Eldorado that is the European single market. But it shall be noted that in the years to come, the uncertainty of the status of the UK in the EU could frighten investors. In addition, the trade barriers between the UK and the EU are likely to lead to job losses – at least three million of jobs in the UK are linked with the trade with the EU. The anti-Brexiters also tried to convince the population that the cost of living is lower with the UK being part of the EU (e.g. flights, roaming charges, healthcare in other EU countries). Nevertheless, in order to compensate for this eventual loss, pro-Brexiters believe in the possibility of the UK having its own trade deals with the EU, following the example of Norway in the European Free Trade Association (yet Norway is said to be against its attempt to rejoin the EFTA since the UK, as a big country in terms of population and thus of power, would shift the balance). Regarding trade deals with other major economies, the idea of establishing a free trade area within the Commonwealth is a project close to the hearts of the parties that advocated leaving the EU. The UK was unable to negotiate its own free trade agreement while being a member state of the EU.

Ukip’s controversial poster campaign was launched in June 2016. Photograph: Rex/Shutterstock

Ukip’s controversial poster campaign was launched in June 2016. Photograph: Rex/Shutterstock

Concerning immigration, it was a piece of cake for pro-Brexiters: the best argument in order to incite people to vote against the EU is to persuade them of its responsibility in the constant rise of the number of immigrants in the UK. It was a recurrent argument of Nigel Farage, the former leader of the eurosceptic UKIP (UK Independence Party). Yet the UK has been privileged among the Member States of the EU – it won exemption from several EU asylum rules. Moreover, the former Prime Minister David Cameron assured that the UK will not accept any quotas of refugees. Compared to other Members States of the EU, the UK does not directly suffer from the migration crisis. So far, only illegal immigration (coming especially from the Calais Jungle) can be considered as a problem – even so, Le Touquet treaty under which British border checks are carried out on French soil has been restated between France and the UK. The idea of completely controlling the borders can be related to the sovereignty of a country. Another famous argument in favour of a Brexit that was long ago advocated by Eurosceptics is the loss of sovereignty. The implementation of the huge amount of EU regulations is seen by the population as a diktat from the EU, as well as a loss of money and time. For example, farmers blame the endless bureaucracy of the CAP (Common Agricultural Policy). The British wish to have more of its own laws. Being a member of the EU now means that it undermines its national sovereignty.

The arguments of those in favour of the UK remaining in the EU have not completely convinced the majority of the population. It appears that the increased opportunities given by the EU (for instance the right to live, work, study in another EU member state) are not the priorities anymore. Leaving the EU may jeopardise the national security as the UK will not have access to the European criminal database. The UK will not be safer anymore without its membership to Europol. Nevertheless, these arguments were not sufficiently convincing in the eyes of the majority of the voters, unlike the arguments of pro-Brexiters. The pro-EU arguments are not popular anymore. Eventually, the ‚ultimate Eurosceptic fantasy’ became real.

 

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Sources :

http://www.bbc.com/news/politics/eu_referendum/results

http://www.bbc.com/news/uk-politics-36788782

http://www.telegraph.co.uk/news/2016/06/03/eu-referendum-vote-leaves-key-claims-about-brexit/?playlist=structure%3Anews

http://www.telegraph.co.uk/news/2016/06/03/eu-referendum-key-claims-of-the-remain-campaign/?playlist=structure:news

http://forwardkeys.com/revenue-management/article/brexit.html

http://www.lefigaro.fr/conjoncture/2016/06/25/20002-20160625ARTFIG00015-sept-consequences-economiques-a-retenir-sur-le-brexit.php

http://www.lefigaro.fr/conjoncture/2016/08/09/20002-20160809ARTFIG00027-le-brexit-booste-le-tourisme-au-royaume-uni.php

http://www.lefigaro.fr/economie/le-scan-eco/decryptage/2016/08/22/29002-20160822ARTFIG00197-brexit-l-economie-britannique-dejoue-les-pronostics.php

https://www.theguardian.com/world/2016/aug/30/uk-plays-down-calais-border-tensions-with-critical-ally-france

http://www.huffingtonpost.fr/2015/05/13/quotas-refugies-europe-solution-qui-fache-royaume-uni-peut-refuser_n_7266868.html

http://www.dailymail.co.uk/news/article-3705524/Finally-EU-offers-deal-immigration-Plan-offer-Britain-seven-year-emergency-brake-UK-access-Europe-s-single-market.html

https://www.ft.com/content/3282746e-11d8-11e6-839f-2922947098f0

https://realtruth.org/articles/160815-001.html

 

Read more :

https://www.theguardian.com/world/2016/sep/06/uk-immigration-minister-confirms-work-will-begin-on-big-new-wall-in-calais

http://www.bbc.com/news/uk-politics-37387162

https://www.theguardian.com/world/2016/aug/09/norway-may-block-uk-return-to-european-free-trade-association

http://www.telegraph.co.uk/news/2016/09/18/theresa-may-to-tell-world-leaders-that-britain-has-a-right-to-pr/

A brief insight into Euromyths

Maria Moroniak

The European Union as a big, diverse community struggles with numerous stereotypes and myths. Have  you ever wondered if the case of straight bananas really matters? Or have you ever stopped to think if church bells ringing on Sunday break the law? Take a look at ten incredible myths about how the EU works:

Photo by Tomek Garczyński posted on Flickr https://www.flickr.com/photos/wyb2011/5768734085/in/photolist-ogvw5A-gbpcsh-rep5XY-sAzAXv-sMMUrW-sVekii-6T1q5G-9MLgEv-9foCBS-nhx1Ah-91Gs4H-a29tRm-6bw2g1-9wbRy

Photo by Tomek Garczyński posted on Flickr

#10 Myth: Sweets and toys commercials are banned

Fact:  The ban of advertising products for under 12-s had already come into force in Sweden, that wanted to encourage the EU to extend it to the whole community during its presidency in 2001, but didn’t succeed.

#9 Myth: The EU silences Scottish bagpipers for their own good

Fact: The EU didn’t ban national Scottish musicians to play their instruments. However, special detailed regulations preventing harm caused by noise exposure exist, but were created by the UK, not the EU.

Scotsman (Photo by Christian Holmér, posted on Flickr https://www.flickr.com/photos/crsan/5504029710/in/photolist-9onAgY-a7HCV3-aiV4ez-82zb5n-aiV24c-8Psm6a-poonk5-cautvu-brfh4L-6Uy8zX-9ouZw4-5j6uT-cbNSLo-amfaWe-4GEE1B-4hw91P-AbAnZ-6NTtqM-78aPXA-7VcBNT-5gBTCx-aBZkdQ-8dSmaA-5JPFqt-a8aAmS-njk9om-2Tp43-5F7fsT-6MH9H5-c7hTPs-4snYwG-8ruBXU-66gGFw-31ss3Q-6XRm78-pGj5w-6RxDj2-dmC75g-nimjr-6Lb1CJ-66gqDU-7DBpxL-a888qZ-9PgRF8-8x3Due-67LVTn-oRt9nt-8esdGD-aqSn8K-fsKCi4 )

Scotsman (Photo by Christian Holmér, posted on Flickr)

#8 Myth: Children are banned from blowing up balloons and using party whistles

Fact: The EU regulations make producers place a special notes on their products to warn parents against letting too young children use this kind of toys without parental advisory, trying to protect kids from swallowing small parts.

#7 Myth: The EU bans church bells ringing

Fact: Some eager vicar was concerned that people living nearby the chapel would mind the noise of church bells and sue him to the European Court of Human Rights. In fact church bells sound doesn’t break the European law.

#6 Myth: Shops cannot sell dozens or half-dozen boxes of eggs

Fact: In 2010 the EU brought new labelling rules saying that the product containers must have also weight of the product written on them, not only number of pieces inside. That means selling eggs in dozens is still allowed.

#5 Myth: Self-employed people’s houses must have fire doors

Fact: Numerous directives protecting workers in the EU don’t apply to self employed persons working from their homes.

#4 Myth: The EU hires aristocrats to make inquiries on wine labelling

Fact: In 1993 an Italian MEP wanted his idea to be used to create an official unit taking care about proper wine labelling. His idea has never been realized.

Wine selection (Photo by Greg Pye, on Flickr https://www.flickr.com/photos/gregpye/3203516653/in/photolist-5T5RTK-qpjPLd-9V2bKU-bhkreF-qgH4JR-7CefQi-5AW8Tr-e9J1QW-5hBvae-q1fVFT-6irefx-cDMdZ5-q3GoHJ-dthhKD-8UFVHW-dbN7kZ-9yb2iM-cDMe7h-8tVWMy-aGZG3z-bc1Zy6-ccyFo3-bZe1wd-qDBfSN-erKgqN-9J6Ygj-7iFqtU-6PH9nT-arTPJJ-aqsshG-cETgNq-cc2FiU-bnWx7h-7P7tCk-7tW26R-3QFzJ2-aj2B8N-4pcA9Y-2kCCK7-9AwbHz-5FTf27-cTt9aw-9DJg8G-7gwT6b-7ZCeGG-bbbR3c-5nYjX6-9M54Fi-9J7fHQ-8XPuCL)

Wine selection (Photo by Greg Pye, on Flickr)

#3 Myth: The EU officials are not allowed to fly Ryanair

Fact: Ryanair company didn’t enable their customers to book tickets through industry booking systems. This is why all the officials willing to travel with Ryanair would have to book their tickets themselves, which is just less comfortable for them.

#2 Myth: All unwanted love cards received on Valentine’s day are sexual harassment

Fact: There is no regulation or directive defying that this way. Opinion and judgment should be based on common sense. However, the EU regulations on dignity of women and men at work do exist.

#1 Myth: Bananas being sold in the European shops ought to be straight

Fact: The EU indeed takes care about size and quality of imported products to make its international trade clearer. Let’s get this straight- bananas don’t have to be uncurved, their size and quality have to correspond with the EU standards.

I also encourage you to check out my sources and take a look at the whole list of euromyths  published by the European Comission here  or read the article on them.

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Press Review

Maria Moroniak

Let me invite you for our new press review containing brief summaries of the European news of last two weeks. The topics have been selected subjectively, but I hope everyone would find something interesting among the variety of them. Once you find yourselves interested in the synopsis, I encourage you to reach the sources and read the original article.

press

Great Britain in doubt

Great Britain will be carrying out a referendum, which is going to show if the British want their homeland in or out of the European Union. The country is divided into two opinions, as it’s not difficult to guess, for and against its membership. The negotiations between EU and the Government are being held, but it is believed that the referendum will occur in not so distant future. To find out more read the brief interview with EU Parliament’s committee chair Danuta Hübner, one of the delegates of Parliament’s constitutional affairs committee taking part in the discussion with UK authorities in London on 16 and 17 of November.

Read the full article here

Source: European Parliament News

European Commission goes green

The Commission chose 96 of 1117 applications to be financially supported under the environmental LIFE programme. It covers five main issues: air, environment and health, resource efficiency, waste and water. That effort is going to improve the protection of both: the Earth and the European economy.

Read more here

Source: European Commission

Pets rights valued in the European Union

Not only humans own their liberties. EU law regulations watch over every single citizen’s pupil freedom and their right to travel within EU borders. Official Euro Parliament News Portal prepared a brief video released due to increasing number of abandoned animals looking for a new home, but not necessarily in their previous owner’s country. For more information about these pets or simply about how to get ready for a journey with your beloved small ones Click here.
Source: European Parliament News

Europe-new innovation centre

Statistics show that Sillicon Valley or Asia are no longer the axis of world digital and IT development. Specialists say that there has never been more beneficial time for Europe due to its enterprise, as the famous IT companies invest there more and more. We encourage you to read more here.

Source: Bloomberg

 Refugee policy verification

How is European community going to cope with a huge flow of migrants? What type of solutions is going to undertake and what kind of choices does it have? Can we be learnt by the past? Is it worth a risk and how much does it cost? Find out more about how Europe is going to face the fact of massive migration here.

Source: BBC

Greek bargain

Greece will be given €86bn in total after meeting the conditions of rescue loans offered by the eurozone. This is supposed to repair the situation of Greek banks, which had announced a ‘controlled capital transfer’ in June, leading the country to dire straits. The third part of the loan- €13bn- is about to be unlocked.

Find out more
Source: BBC

Donald Tusk – 11 months in office

Emil Wojtaluk

Since Donald Tusk holds his position as the President of the European Council for over 11 months we are witnessing first opinions as to how he is perceived in Europe. In one of its recent articles with a meaningful title “A task for Tusk”, The Economist discusses what it means for Tusk to hold the position of the so-called “President of the European Union”.

Donald Tusk ( Source: twitter.com/eucopresident)

Donald Tusk ( Source: twitter.com/eucopresident)

Paradise…

In the first paragraph, Donald Tusk admitted that becoming the President of the European Council was like “reaching paradise”. The authors ironically stated that it’s indeed true, since he more likely had a chance to visit local museums than negotiating with European leaders. The article focuses on extremely important task for Mr Tusk, such as management of EU response to crises. Although he already found some ways to cope with current situation, even having limited powers. The authors underline that even Mr Tusk had run his country for 7 years he did not manage to introduce it to the common currency, which seems to be one of the EU’s priority projects. Tusk’s experience, even if he was the first Prime Minister in the democratic history of Poland to be reelected does not present such a great value. Since it’s rather young democracy (in author’s opinion) it does not present such “consensual methods” as are preferred in Brussels. Additionally, the article points out language barrier, since Mr Tusk still did not manage to speak French (which is “behind the scenes” language in Brussels), even if his English improved.

One of the Tusk’s priorities is to protect Europe against the rise of populism and right-wing populists; in his opinion liberal centre must be strengthened.

In response to current migratory crisis, he present strong position as to regaining control over EU’s external borders. The “open doors” policy has to come to an end in his opinion. In order to preserve Europe’s openness there has to be more security instruments.

What about the UK?

Probably the most important task during Mr Tusk’s term of office, is to ensure that the Great Britain stays in the EU. It is soon expected, that PM Cameron will send a letter to Donald Tusk, presenting a draft renegotiation of UK’s membership in the EU. The authors emphasize that it will be a task for Donald Tusk to seek compromise in this case, together with other 27 EU member states. One of the most critical points is that Mr Cameron opts for reducing social benefits to immigrants and he generally don’t agree on the direction EU is going right now. Donald Tusk’s strongest fear is that if UK’s withdrawal from the Union is possible, it could serve as the example for others, and as a result lead to “the end of the EU”.

Another paragraph describes the limits imposed on President Tusk. One of his first statements when he took his office, was strong position on Russia, concerning events in Ukraine. The time has showed that his position did not change, but he can do little to resolve the crisis.

To conclude, Donald Tusk accepts German leadership, with some reservations that “not everything that is good for Germany is good for Europe”. He is not oriented to build some kind of new structures, but rather to keep the EU project from failure. The decisions to oppose to Vladimir Putin’s actions to divide Europe seems to be a good sign for the future.

Apart from the article, I would add that EU migration policy (the legal provisions) seems to be ineffective in the crisis time. Each third country national should claim for asylum in the first EU country he/she visit, while they are using EU member states’ territory to rest and go to Germany, which is their final destination. Finding solution on how to regain control rest inter alia in he hands of Donald Tusk and his leadership skills.

We’re curious what is your opinion on President Tusk, do you think he has a chance to be reelected for a second term as the President of the European Council? Have your say in the comments below!

Read the full article “A task for Tusk” here

ECJ about ‘benefit tourism’. Historical ruling?

Katarzyna Stachyra

One of the latest judgments of the Court of Justice of the European Union (ECJ), released on November 11, 2014 (Case C 333/13), may be considered by states such as the United Kingdom and Germany as an pre-Christmas gift. ECJ clearly stated that Member States have right to refuse granting social benefits to economically inactive Union citizens.

Relevant facts

 

10811652_1553477634886836_918260679_nFlorin Dano, born in 2009 in Germany and his mother, Elisabeta Dano, are Romanian nationals. They are living in Germany with Elisabeta Dano’s sister in her house. Ms Dano obtained in 2011 a residence certificate of unlimited duration from  the city of Leipzig, which also pays her child benefit. Since the  father of  F. Dano is unknown, his mother receives an advance on maintenance payments. The total sum of benefits is 317 Euro per month. Ms Dano is unemployed and has practically no education, her command of German is poor and – as ECJ stated – ‘there is nothing to indicate that she has looked for a job’. However, she made an application for the additional grant of benefits by way of basic provision. Her submission was refused twice by Job center Leipzig. The Social Court in Leipzig firstly wanted to take the same decision, but after analyzing this case decided to ask ECJ for preliminary ruling. The most important issue to resolve was concerning the general principle of non-discrimination on the one hand, and Member State’s right to prevent an unreasonable recourse to non-contributory social security benefits on the other.

Equal treatment not for everybody?

The Court of Justice of the European Union, namely the Grand Chamber, emphasized that under provisions of Directive 2004/38/EC there are conditions which need to be fulfilled in order to claim equal treatment with nationals of the host Member State. This condition is, inter alia, the requirement that the economically inactive Union citizen must have sufficient resources for himself and his family members. ECJ said that granting social benefits to person who is not complied with these requirements would be in opposition with the objective of the directive, which is to prevent EU citizens, who are nationals of other Member States, from becoming an unreasonable burden on the social assistance system of the host Member State. As a result, ECJ stated that Member States are entitled to ‘refusing to grant social benefits to economically inactive Union citizens who exercise their right to freedom of movement solely in order to obtain another Member State’s social assistance although they do not have sufficient resources to claim a right of residence’. Therefore in Ms Dano’s case ECJ found that she has no right to obtain additional social benefits.

Joy and concern

10822374_1553477631553503_528118073_nThis preliminary ruling was welcomed enthusiastically, especially by commentators from the UK. After controversial James Cameron’s statement about abuse of the UK’ social system and threat of leaving the EU it is not surprising. Regardless of the assessment of this, it is worth noting that disagreement to ‘benefit tourism’ is commendable. The principle of non-discrimination is a significant achievement of the European integration, however, as it is observed, applying this rule without any conditions leads to abuses. It is interesting how this judgment will influence our European reality. One can hope it will help to reduce the existing tensions between Member States in issues regarding social system matters and free movement of people. Whereas there may arise anxiety about the next steps – whether will they move away – and how far – from principles which are currently accepted in the EU.