Poland (the only EU MS to avoid recession) on the right track to reforms

Official English translation of Polish PM Mr Tusk’s speech offering a list of austerity measures, reforms and other changes:

(On 10th of October Prime Minister Donald Tusk has become the first Polish leader to be re-elected since the end of communism.  He seems to have been rewarded for presiding over 4 years of strong economic growth, since winning a snap election in 2007.  Poland has been the only EU member state to avoid recession, and this year its economy is forecast to grow by about 4%, the highest rate among the EU’s seven largest economies.)

Mr. President! Dear Madam Speaker of the Sejm! Members of the Parliament, Ladies and Gentlemen! Highly Distinguished Guests! 

I am highly honoured to be able to speak in the Upper House shortly after the new government, whose works I shall head, has been sworn by the President of the Republic of Poland. It is both honour and great responsibility bestowed upon us by the Poles.

It is natural and very pleasant duty for me to start this speech by extending thanks. I would like to thank everyone in Poland, all citizens, with no exception, regardless of whether they have casted their voice on this team, which shall lead the works of state administration for the next term, or those who have shared a different view on this issue. For my thanks not only are warm words for the very act of voting; first and foremost, it is the highest recognition for the entire Polish nation, the Poles, for this great effort, exceptional courage, composure, and determination they have demonstrated during the past four years.

It was not easy a task, since the times in which we live, have proven to be by far more complex, more unpredictable than anyone could have anticipated just a few years ago. The fact that, throughout those four years, Poland has managed to survive in good health the global crisis, which threatened European and the global economies of developed countries in a manner hitherto unknown in recent history.

The fact that this storm of financial crisis, raging around us, threatens the security of the most developed countries. The fact that all around us, in Europe and worldwide, millions of people accustomed to peace, prosperity, and security, are now facing the spectre of poverty and destabilisation. This all makes us first of all bow down before the efforts of millions of Poles, whose work, effort, patience, and responsibility allowed us all to come off well and safely in these difficult times.

I would like to say that today’s exposé must be perceived as a simple, clear message that responds to the challenges of a present day. I want to ask you for your understanding for the expediency. A number of national strategies, including the Polish international strategy, the main trends in Polish foreign policy – i.e. the elements of every classic exposé – most fortunately have not changed in Poland for years. Therefore, if you allow me, also the guests representing the diplomatic corps, the details of the continuation of this policy shall be presented in   Minister of foreign affairs’ traditional speech. Today, I want to openly, very honestly, focus on these difficult challenges, which determine the future of not only Poland, but in every European country, politicians and citizens live in the conviction that it is exactly now the future of their countries and the future of Europe is being decided.

First of all, it is the future of ordinary people. For none of us here has no doubt that all the efforts of our government, the Upper House, both in past and in future, must be focused primarily on the safety and well-being of each and every man, nation, state, but each of each man individually, and each individual Pole in particular.

Therefore, allow me to skip these threads that had appeared both in the previous expose, and – first and foremost – in the public debate, which we were participants to during the previous election campaigns. A great number of words have been spoken and conclusions drawn, and they are still in our citizens’ vivid memory.

Today, I want to emphasize that the starting point at the beginning of this term, the starting point for Poland and the Poles, is both promising and challenging at the same time. The reason I have begun my speech with extending thanks to all the Poles, is that our experience (also described in numbers) shows how well, even better than others, the Poles were able to effectively act counter to the crisis.

Today it is time when we can, in a short sentence, present the most important statistics data that sum up the past four years. Not months, not one year, but the past 4 years. And they might have best described the efforts of the Poles throughout the term that has recently ended.

In 2008 – 2011, the GDP growth in Poland – the cumulated one – accounts for more than 15 percent, i.e. 15.4 percent. The following country in the European Union has achieved 8 percent growth over these four years. The second country – is Slovakia. EU average for those four years is minus 0.4 percent. I want to emphasize this fact not because I seek everyone’s recognition for the government that has stepped down or for those ministers who shall continue their work.

I want to emphasize that this result demonstrates that, as never before in the history, we had managed effectively to catch up with the most developed countries in Europe and in the world. That this result is possible primarily thanks to the efforts, patience, and determination of the Poles. And this is the case.

Therefore, today I want to firmly declare that the more so, we can approach each other seriously in Poland. If we go through this crisis so bravely and wisely, it means that we have to respect and take each other very seriously in public debate, both today and in the future. And this is what I also ask the Upper House for. 

These changes, dramatic for some European countries, the changes marked by the financial crisis, also make up for a dramatic, alarming political landscape, the new political landscape in Europe. Europe is changing right before our eyes, and the direction of this change is far from being certain. We are talking here not only about the financial and economic changes, but also about the grand vision of united Europe. The vision that in many places today is being challenged. The vision that might call for a in-depth correction, and so it shall bestow us, the Poles with a duty of being intelligent, courageous, and flexible in our actions. I want to emphasize that in the present European debate on the future of the European Union, in my opinion, there is no place for a political dilemma, whether to be in the centre of Europe or to be cast away at its periphery.

This is the dilemma of political illiterates. The actual dilemma for Poland is how to remain in the very heart of Europe, how to be a real, major player on the European forum, and not how to – due to the crisis – be marginalised, pushed to the periphery or outside the European Union. I am convinced that this great debate on how to build a strong Poland in the centre of the European Union, shall become a debate involving all clubs, perhaps also the communities outside the parliament, outside the world of politics. But I want to firmly emphasize here that the intention of my government shall be working for the strongest possible Poland’s position in the very heart of the European Union.

Today this position, also the political position within the EU, is determined by the State’s finances in particular, the wealth of its citizens but also the condition, financial stability of the State. Therefore, to begin with, let me say a few words on what awaits us in the coming days, and I mean here the budget for 2012. For the year, which might be the most critical year in terms of turbulences in the world and in Europe.

Every day, sometimes even every hour, we are witnessing changes and these are usually negative changes in the reputation, rankings, in the assessments of until recently very rich and stable economies. So, today we have to say very resolutely and honestly that the year 2012 shall require us, the Poles, to demonstrate the ability to make sometimes sudden swings, to approach flexibly the routine – we can not afford to move in a rut. Since thanks to this type of actions, thanks to this kind of philosophy, we have managed to go through these four years really safe.

In the budget for 2012, some data – similarly to the entire world and Europe, a number of data shall be highly uncertain since they shall result from the situation in Poland’s neighbours. Today, no one knows whether Europe as a whole shall fall into recession, whether it is going to be just an unpleasant experience for some countries; but we do know for sure that in a globalizing world, if recessionary phenomena emerge around our borders, they can also directly affect Polish economy and Polish finances. That is why I have obliged the Minister of finances to develop these flexible options.

Surely enough, the Sejm shall be debating one proposal, but we want to ensure the Poles and High House that we shall have in place the mechanisms, procedures, and concepts should during 2012 any phenomena occur that are not predictable today. Hence the need to create, I would say, such smart and flexible options, solutions, so that to be prepared for every circumstances without unnecessary distress. These circumstances shall be born in different places in the world, and least of all in Poland.

Anyhow, our goal in 2012 is to get out of the excessive deficit procedure, which means not only the establishing of this plan, but also constructing the budget in these variants in such a way as to achieve the assumed limit of circa 3 percent of general government deficit at the end of 2012. As far as the government debt is concerned, we assume (and this is the main reference for our works) that it shall fall in 2012 to 52 percent and shall systematically decrease to 47 percent at the end of 2015.

This shall be the result of actions which should also lead to a reduction in the deficit at the end of this term, to circa one percent of GDP. This plan is difficult, yet quite feasible. It is a challenge that not only the government, but we all, shall have to face. So does the Upper House. I present the data on debt according to our national definitions of debt. In order to go safely through the year 2012, to establish the prerequisites for sustainable improvement of financial security, financial discipline also for the years and decades to come, we shall have to take action, including unpopular measures. Including actions that shall call for sacrifice and understanding of everyone without exception. I would like to say that I will present several of these key proposals in quite detail, but this is actually the first step.

This Sejm will also give birth to projects which should enhance this good trend, good – because it strengthens the Polish State. First, we would like to markedly increase and upgrade the levy, which currently is collected insufficiently, on the extracted natural resources, primarily copper and silver. It’s worth noting that – according to international sources – deposits of these two minerals, that are very important for Poland, are among the largest globally and the largest in Europe. We would like that taxation of these reserves, these two metals, as well as other minerals, was a stable source, a stable stream supporting the development of Polish economy. This also applies to the extraction and benefits from extraction of shale gas. Detailed provisions have already been prepared, to replace the previous routine concerning these minerals, so that our dreams of underground riches with regard to shale gas, became tangible, very clear reality. Second, we’ll be proposing decisions on tax reliefs, the new-born baby allowance, tax reliefs enjoyed by some professional groups and a single, universal relief.

First, the demographical challenge is not only the issue of this national anxiety not to diminish in number. We’ve been coping with this demographical challenge for many years, looking for different ways, sometimes to good effect. That’s why I’d like to dispel fears of some people: we’ll use financial instruments to strengthen the Polish population. We want to increase by 50 percent the pro-family tax relief for the third child and subsequent children. The relief for the two initial children in a family remains unchanged, but here we’ll also propose another solution, which is an example – and there will be more of these examples later – that we want, in this and other support systems, to resolutely use the method and principles of social fairness and solidarity of those more affluent with those less privileged. That’s why in families, in which income does not exceed 85,000 zlotys a year. What’s involved here is therefore the second tax threshold – the benefit will be allocated, this pro-family relief will be in a situation where there are at least two children. To put it simply, affluent Poles who have only one child will not receive that benefit. However, when they decide to have the second child or more children, they will enjoy this relief in full scale. We’d like to propose such principle for the new-born allowance also. We maintain the new-born allowance, but it will only apply to families whose income does not exceed 85,000 zlotys annually.  We’d like to propose the same principle in limiting the tax privilege for what is called “authorship contracts”. The 50-percent deduction of income will be only possible when that income, from this activity, does not exceed 85,000 zlotys a year. Above this threshold, from the amount above this threshold, those concerned will pay a normal tax, as everybody else. This also applies to this more affluent group. As far as this single universal relief is concerned, there is the Internet relief. Its social importance today wanes due to dynamic development of Internet services and universal use of the Internet. That’s why we propose, being aware that Internet services have become relatively cheaper, to eliminate the Internet relief. This should bring, within these four years, savings of slightly more than one and a half billion zlotys. I didn’t mention specific amounts in these previously discusses cases, because we assume that the increase of the benefit for the third child and subsequent children by 50 percent will be likely, in this time period in which this can be reasonably assessed, to be neutral for the budget. Which means that by changing some rules for the benefit of those less affluent, and at the cost of those more affluent, we don’t want, as a Government, to make money on pro-family policy. We want to maintain the same support stream, but with different emphasis. New regulations have already been prepared, and this is the next issue I’d like to address, to remove the possibility of circumventing the capital gains tax on bank deposits. What’s involved are so-called overnight deposits in the context of the Belka’s tax – I’m using these colloquialisms in order that all those who are well familiar with this practice know what I’m talking about. Which means that the preparation of these decisions is only an interlude to other decisions to allow decisive and prompt reaction to any other attempts at tax circumvention. It’s necessary, when we propose such savings, to continue the process which was ailing in recent years, also when I was prime minister during the last four years – what I’m talking about right now is making public administration leaner and more friendly and subsidiary. Consequently, ministers, regardless of what department they represent, will have to accurately plan for and report on the deregulatory effect in every key project they deal with. What I mean is that this time we’ll be more effective in establishing regulations, because – as you remember – the intention of the last Government and of the past Governments as well, and the intention of all, or almost all, deputies, is similar – for instance when we are talking about building permits. We all want to shorten that period, and then it turns out that we are unable to effectively establish regulations so that this actually happens. We’ll again address this issue so that the building permit, the issuance of the building permit, takes no longer than 100 days for large projects and 60 days for small projects, with simplified procedures.

We want, and this will be the main task, or rather one of the main tasks, of the new Minister of Justice, to streamline the work of courts, which should result, during the term of this Government, in shortening the duration of proceedings by one-third on average. We want to free at least a half of today’s registered professions from any regulation which makes them typical professions with regulated access. We believe that these targets can be achieved, but we ask everyone to collaborate in this regard, because previous attempts brought unsatisfactory results. We’ll build-in in the work of the Office of the Prime Minister, and also count on similar measures at the Sejm, such mechanism that will preclude an excessive production of laws. Only a clearly positive assessment of all consequences of any given draft law will allow to release it from the Government to the Parliament. We’ll also work on new draft laws so that to achieve at least this minimum which is the balance between new regulations and the removal of old regulations. In some countries with well-established deregulation tradition, there are precisely described mechanisms in place which require that, in introducing a new law, regulations have to be removed at least matching in number the newly introduced laws. We’ll work to introduce such mechanism to our legislative practice. The Ministry of Digitization, which is being established within the framework of the management of public administration, will deal with streamlining the administrative activities, using the latest IT technologies, and the progress of digitization. The main goal is not to make the citizens happy in this regard, for they are doing perfectly well without State assistance. What’s important is that the administration, public services, public agencies, have to – much better than now – use modern IT technologies, for the convenience of citizens. This will be the main assignment of the Minister in this field. We would like to assure you that this deregulation effort, exactly because I have here also some grounds for satisfaction so far, will be imperative for all ministers and the whole government, with no exceptions. And I would like to ask all parliamentary groups for concerted support, because this for sure, such as many other matters, but this one certainly – can become a part of this political community we should establish in at least some areas.

 When we talk about financial discipline and savings, we have to touch upon the pension system. First of all, I want to say a thing which today becomes more and more evident, namely that the optimistic, even too optimistic decision to reduce the disability pension contribution has resulted in today’s a deficit which considerably exceeds 2o billion zlotys. A solution which could be justified by the optimism caused by an extraordinary economic boom all over the world, as well as in Europe and in Poland, becomes an unfounded and reckless course of action, especially now when we all look for a way to strengthen the financial discipline. And this is why we have to partially revert that previous decision, while understanding circumstances and intentions of our predecessors. Therefore, we shall propose an increase of the contribution to be paid by employers by 2 percentage points. I say this with a heavy heart, but when we have several tools to choose from in order to strengthen discipline of the public finance, we acknowledge that in times of a crisis that can reach Poland too, we have to first of all take care of the security of our citizens, a financial, elementary security of the citizens. It also seems, and I will say a few words about it when I will discuss next point, that increasing the contribution to be paid by employers by 2 percentage points today, at least for the crisis time, since I do not know what my successors will decide, and that is why we are talking about this term of office only, about the next four years, so it seems that increasing the contribution in question for this period of time may close the flow of money which could be brought to market as today, and this is our understanding confirmed by quite unambiguous statistics in this respect, undertakings, enterprises, are not willing to spend money because of the threat posed by the crisis.

Therefore, it is quite probable that an essential part of the funds which the state budget will receive thanks to increasing the contribution by two percentage points, will be the money which would otherwise be rather deposited in bank accounts than work in the economy. We are talking about the times of crisis. This change will allow us to reduce, and only to reduce, deficit of the Social Insurance Fund by approximately 13 billion zlotys per year. Once more I want to emphasise that today it exceeds 20 billion zlotys.

I would also like to propose, taking into consideration the same aspects, as before, namely financial security of rather low-earning citizens, changes to the system of indexation of retirement and disability pensions. We will maintain indexation on the current level because I cannot envisage taking money from the pensioners in such a difficult time. However, taking into account a growing gap between the highest and the lowest pensions, we propose that each year the Parliament could decide, and this is what we will suggest for the year 2012, that indexation of retirement and disability pensions be for some time expressed as quotas and not as percentage. We do not want to turn this solution into a permanent option since there are also reasons for which a number of experts warn against establishing it as a lasting rule. It seems, however, and this is also my intention, that within the next four years we should each year propose and implement the quota indexation so that the gap can be reduced. We also want to apply this rule with respect to the indexation of retirement pensions paid to former members of uniformed services, where the gap is also very worrying and not entirely fair. This is my deep conviction.

I assume that a difficult acceptance and understanding, although without enthusiasm, of the number of measures in question will only be possible if we honestly say that there will be no “sacred cows”, that all who today enjoy privileges, more or less justified, that all of them, without revolutionary and drastic methods, will accept these self-limitations for the benefit of the weakest ones. For the benefit of those who also carry the heaviest burdens.

In this context, I would also like to come back to the decision adopted by the Constitutional Tribunal with respect to the health insurance contribution paid by the farmers. Starting from February 2012, we will propose, in line with the above mentioned decision, but also in a spirit of the social justice, change of the system with respect to the farmers. If our proposal is accepted, the state will continue, as it does right now, to pay the contribution for the farmers having lowest income, that is in the case of farms below 6 hectares. Farmers having 6 to 15 hectares will pay half of the contribution which is today paid by self-employed persons operating outside agriculture. Farmers having more than 15 hectares will pay the full contribution. We are talking about this part of the contribution which falls outside the income tax, that is 36 zlotys for the wealthiest farmers and 18 zlotys in the future in the case of farmers having from 6 to 15 hectares. The next step will be payment of the contribution in accordance with the same principles as those applicable in the common system, including the possibility to deducts its part from the tax.

Now I would like to move to the next step. Since agriculture, despite its specific nature, which we do respect, is a form of economic activity, starting from 2013 we will impose the obligation to keep accounting books by farmers and then taxation of their income in accordance with the general principles. We will start with the largest farms and then gradually and evolutionarily extend these rules to smaller ones. I also want to emphasise that the European Union is finalising works on legal regulations which, one way or another, will impose on all those who receive subventions the obligation to keep accounting books. It means that our solution is consistent with rules which will be probably binding all farmers in the European Union. A am talking about introduction of the obligation to keep accounting books. And introduction of this obligation is the first measure necessary in order to systematically and gradually introduce the income tax.

I would like to point out that regulation of the issue of agricultural accounting will make it possible to build a modern social insurance system for the farmers, which, in effect, will make it possible to depart from the Agricultural Social Insurance Fund. But without this preliminary process it will only be an empty slogan. That is why we have to start in 2013 with these preparatory processes.

I would like to emphasise that this revolutionary implementation of income tax for homesteads will make it possible to reduce other encumbrances, in particular, the agricultural tax. It just cannot be that the Polish countryside, modernised also in this aspect, should be encumbered with additional burdens. They must be balanced, meaning that implementation of new rules must also mean lifting the burdens of the previous system.

I also would like to point out that the argument which we sometimes hear in suggestions that dozens of billions of zlotys can be found in the pockets of Polish farmers, that the Polish farmer has so much money hidden under the pillow that if we reached for that money, we would be able to stabilise public finances, is false. This is not true! The Agricultural Social Insurance Fund is not a gold mine for Polish farmers. On this occasion I would like to remind everyone who sometimes points to the Agricultural Social Insurance Fund as the cause of mishaps that the benefits being paid by the Agricultural Social Insurance Fund are not worth being jealous of. And that is why these new rules, which we will start implementing in 2013, are not a retortion, it is introduction of Polish farmers, Polish countryside to common systems. We believe that this is more fair, and for many farmers this does not have to be detrimental, it can only be beneficial, just to mention that it will be possible to make write-offs in income tax towards allowances. I am talking about pro-family allowances, which I mentioned before.

The old age pension system is, above all, the most important dilemma. We propose to solve it. To continue reforming the old age pension system. Previous measures have already aroused emotions, what I mean are the bridging pensions and Open Pension Funds. But this continuation is absolutely necessary if we seriously want the Polish public finances to be really safe. I would like to say that if we think, and we must think also in the perspective of not the next budget and not this term of office, but of the old age security of today’s young people. But maybe, above all, also the financial stability which will allow us to steadily pay pensions to today’s and future pensioners. Because this is conditioned by survival, and not all countries, as can be clearly seen, will survive this crisis in the financial sense.

In order to achieve this it is necessary to extend the retirement age, to extend the working time to raise the retirement threshold. 

I am aware that this will not be an easy decision especially for those whose work is very strenuous, who know the burden of physical work. And it must be accompanied by efforts to make the work of elderly people, as well as the forms of care for elderly people who will be working more effective and more generous than up to now. But we will not keep this old age pension system, we will not keep Poland above the water during this storm if we do not decide to take this very difficult step.

We propose, starting in 2013, which means practically immediately, to gradually equalise and increase the retirement age of women and men. Ultimately until the age of 67. We will propose to achieve this in the softest manner possible, which does not mean painless, of which I am aware. In connection with this we propose the following system: every 4 months we will shift the retirement age by another month, which means that each year we will work 3 months more. Which will mean that we will reach this level of 67 years in 2020 as regards men and in 2040 as regards women.

Thanks to these changes the state will stop going into excessive debt, which will make it possible to pay old age pensions to everyone today and in the future. As regards 2020, then in this perspective, thanks to the introduction of that change, this debt, which, in relation to the GDP, will drop to 44 per cent, in 2030 – to 40 per cent, and by 2040 – to 35 per cent of the GDP.

We are not talking about dry statistics. These are steps, these are measures which may guarantee us lasting security of public finances not just for a year or even 5 years. In simple terms this means financial security of those who will depend on the old age pension system. If I were not fully convinced that the security of the Polish pensioners of today and in the future depends on this step, I would not propose it.

And I must also admit that the aim of this is to stabilise the financial condition of Poland. This will bring about a positive effect as regards Poland’s reputation, and, in consequence, the security of our debt securities, not only when we reach that age but also today. Because only those countries, few in Europe, only those countries which started implementing a similar reform in the old age pension system, have an opinion – and this opinion is very precious today – of countries which will steadily go through those most difficult years.

I also would like to point out – so that there is no shadow of hypocrisy here – that this is the main objective of that reform. But there is a side-effect to that reform. The side-effect is that pensions will be significantly higher. We will retire later but the pensions will be higher. For a woman who is about fifty today this means that she must work 3 years more but her pension will be approximately 20 per cent higher. For a woman who is 39 today this means that she will have to work 7 years more but her pension will be approximately 80 per cent higher. This is not insignificant, although it will surely not balance out the hardness of that decision today, especially among Polish women.

We are also proposing a review and decisions regarding the groups that benefit from privileged pensions as at present. This refers to uniformed services, miners, prosecutors and judges, as well as priests. I mean those who join the uniformed services now, starting from 2012. Therefore, these changes in accordance with our public obligations, in the spirit of decisions issued by the Constitution Tribunal, the changes which we propose, will not affect those who are already in the service today or those who have left the service and are collecting the pension today. I would like to stress this again, the changes will apply and may apply only to those who join the service as from the beginning of 2012. We propose these changes on the following level: the pensionable age should be set at 55 years, and the term of service at 25 years. This is all with regard to the uniformed services.

As far as privileged retirement conditions for miners are concerned, we will propose maintaining those privileges only for those who are employed directly  in extraction at all types of mines, solely those who are involved directly in the actual extraction. Today, they benefit from a specific privilege that is dedicated precisely to them. And those privileges should be maintained. However, there are some people who benefit from certain special rights to mining pensions of one type or other, who are not involved directly in extraction, and they will be able to take advantage of a transitional pension so that they can join the general system as soon as possible.

In mid year, we will also propose the changes that refer to those special rights of prosecutors and judges that result from them retiring from active service.

I would like to stress that all of the changes which we will propose are also aimed at persuading the citizens that the burdens and hardships related to protecting Poland against crisis must be distributed as evenly as it is possible. This means that at this time we must primarily protect those weakest ones. Hence, the proposals address mainly the special rights and privileges.

Therefore, a discussion is also needed with regard to the retirement protection for the religious ministers. Here, I mean the part financed by the State via the Church Fund. We believe that similarly as in the case of the Property Commission which has ceased to function, the premises have ceased to apply for the very reason that the property discussed all those years ago has been restored to the churches. The premises for today’s solution have ceased to exist and the religious ministers should participate in the general social insurance system. If it requires any changes to the Concordat Agreement, and it is not a must, but  if it does, we are ready to make them.

This is the first stage. This stage will allow to protect the Poles’ pockets against any radical cuts that threaten the societies all around us. Also in the neighbour states.  

We have been in charge of Poland’s affairs for 4 years, with a good result, and this is how it has been evaluated by Polish citizens, while striving to maintain those two big potential Polish possibilities, opportunities and use those two Polish opportunities. First of all, we propose this intelligent system for reacting to crisis threats without the restrains of the routine, without any excessively hard and difficult to change regulations, so that the Polish state is as ready as possible also to change, so that it can swiftly react whenever necessary. We were taking the decisions and the decisions now remain the same. Primarily, to maintain the main source of Polish economic success of the recent years, namely not to expose the Poles and the Polish economy to any overly radical budget cuts. Extending the pensionable age is a very serious burden, I am aware of that. But it means not reaching into the pockets of every Pole now or in the future. Nor is it a budget cut that will result in decreased amount of funds in the Polish economy. If some of the suspicions are right, that the internal market and thus the capacity of the Poles to spend, earn and spend money, that it is one of the main sources of the Polish success, then we must absolutely maintain it.

Secondly, if we truly want to start repairing the public finance system, we cannot just start anywhere and cut blindly as has happened in some countries. This would bring about some very negative social and economic consequences. We must administer cuts with precision, first of all where there are privileges, special rights enjoyed, and in other cases also where there is any system abuse or simply someone playing a wise guy. This is where we must act with particular determination so as to protect the hard working Poles, protect them from the cuts the way that governments failed to protect their citizens in our neighbour states in almost all of Europe. I am positive that these decisions will enable us to protect the Poles in this way.

I also want to stress that the same way as in these four years, when almost everywhere in Europe and in the world the decisions were made to introduce big cuts when it comes to the army and other public services which determine the strength and safety of the state, we have maintained the ratio in those last four years. And we want to maintain it, the so called NATO ratio.

Today’s times show very clearly that only strong players will survive this crisis. If we want to play the role in Europe, that is adequate to both our aspirations and capacity, we must be above all strong. One often hears today about the hard to accept concert of powers in Europe. Today, at this European table, as one funny politician has remarked, at this political dinner you are either at the table or on the menu.  Poland must be and will be at the table. Thus, the Polish army, the Polish military and police forces will be under special protection, also in terms of finance.

While reviewing the pension system which in some aspects is perceived by the Poles as grossly unjust, we should at the same time remember what is also my clear knowledge that the gross majority of policemen and soldiers earn too little. That the funding which we will inject into the police and the military forces must be aimed with much more efficiency and intelligence and dedicated to the actual defence and police tasks, namely the safety and protection of  Poles. Hence, we propose for the start a raise at the police and army in the amount of ca. PLN 300 for each policeman and solider. We would like to introduce that raise in mid year, as of 1 July. Conditions allowing, we would like to repeat this raise at a similar or perhaps a slightly lower level, at the end of the Government’s term in office. 

What is of key importance to leading Poland through these times is not just a belief in our possibilities and our strengths. It is also a seamless cooperation between the main public institutions responsible for the state. I want to say that this cordial, very demanding and high goals setting support of Mr President, good cooperation between the President, the Government, Madame Speaker of the Seym, Mr Speaker of the Senate, the Governor of the National Bank of Poland, the heads of other institutions in charge of safety and order in public finance, they are all a prerequisite for Poland to go through this crisis safely. I would like to thank all the partners in what has been perhaps the largest in the recent years fight for safe Poland, for their readiness to cooperate, as I believe that this is one – hard to statistically measure – but we all feel that this is one of the main sources of Poland’s success at present and in the future – good cooperation with regard to issues which beyond any doubt are fundamental to Poland’s future and future of the Poles. 

I would like to say big thank you to the Polish Peasants’ Party for creating with us, once again, a safe coalition for Poland. We are building today in Poland a big political centre safe for the Poles. Not for political ambitions or aspirations.

I deeply believe that the Polish Peasants’ Party and the Civic Platform make up the government with room for different types of approach. From Minister Gowin through to Minister Arłukowicz. From a conservative approach to the moderately left-wing approach. From the Polish Peasants Party to the Civic Platform. Do you know why it is so important to establish such a wide centre? Because we guarantee responsible, safe, not risky but whenever necessary brave, modern activities of the Polish state during these special times.

What I want to say is that this political centre, built by us together, may also protect Poland against any radical movements from both the right-wing and the left-wing. The radical movements that have been demonstrated in such a harsh way for the Poland, on the streets of Warsaw on 11 November.

I am aware that in recent years, as has been shown clearly in the recent election campaign, big financial and economic challenges were also accompanied by new challenges related to civilization, social norms, culture. It is important to understand those changes but our coalition, the Polish Government, public institutions, Polish state are not here to conduct a  revolution in morals. The purpose of Polish state is to ensure to the Poles a safe and possibly affluent life in these difficult times.

I also want to mention the understanding of the civilisation and social changes. Because we may not close our eyes particularly to those changes that are positive, related to e.g. equal status of women and men, improved safety of children in our families, etc., but we may not also pretend that the evil is good when the rushing of such changes takes shapes or is expressed in an unacceptable way. I want to say that the main task during the crisis, and in the times of the global tensions, in the times so uncertain, globally, that have not been witnessed for a long time in the history, it is the national unity that is so important and we should build it together, regardless of our disputes and differences. And that national bond needs shared signs, shared symbols, a shared tradition, and respect for that tradition. We do not need to share the same system of values in one hundred percent. No one will be forced to do so. And also we should not force anyone into Christianisation, but also no one should be forced into secularisation. May no political attempt to desecrate the signs and symbols that are so important and sacred for most Poles. The cross should not be used for beating the political adversary, like with a club, but the cross should not be the evidence of another political war here in the Seym or outside this building.

If we are to be a great and strong nation in these difficult times, we must skilfully and wisely lean on such common tradition. We must not cause conflicts between the challenges of the tradition and the contemporary times. We will be truly modern only when we are able to jointly respect our foundations. Whether it is the cross or the memory of John Paul II, our national symbols, our white and red flag, or 11 November celebrations, or the Eagle.

I want to say that on the streets of Warsaw on 11 November, it was the radical right-wing and left-wing, using bandits and hooligans or German anarchists that attacked our national holiday. Let it not serve as a symbol that the Poles cannot live in the state of national harmony. I am certain that we can do it. From this side of the room to the other.

Our centre, our coalition wants to be helpful also with regard to this issue. We must believe that each one of us, here in this room, is needed by Poland. We must believe that Poland based on tradition and Poland that believes in its future, its modernity, is possible. That in these times of crisis, as in the past 4 years, for the next 4 years and thereafter, we will prove that in more than one way Poland can be the best in Europe. That it can be the leader where so far we have not even imagined being one. We must understand that the opportunity is unique, it will not repeat itself, but this unity, this elementary unity, founded on tradition and modern challenges, must become a fact also here, in this room. I ask you to try to take care of some most important issues for Poland together. Believe in the future of Poland. We believe, Thank you.

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Europe’s deepening crisis – Economist interactive chart a tool for understanding

Please click here to access the interactive chart of economic indicators across the continent published recently by Economist.   Although it ignores the financial sector aspects of the crisis, it is a very useful tool for understanding the scale of the European crisis.  It includes some notable figures like: youth unemployment rates, public debt as percentage of GDP and growth (for some countries shrinking) of local economies.

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EU’s Common Foreign and Security Policy – Challenges and Opportunities

Ambassador Olof Skoog was appointed by Catherine Ashton as the first Permanent Chair of the The Political and Security Committee (PSC), which monitors the international situation in the areas covered by the European security and defence policy (ESDP) and the common foreign and security policy (CFSP). It plays a central role in the definition of and follow-up to the European Union’s response to a crisis.
In his address, Ambassador Skoog outlined the new institutional dynamics of the PSC, within the EEAS (European Union External Action and under a permanent chair. He explored how this has equipped the Committee to face the challenges and opportunities that lie ahead.

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What China has to offer Europe? Leo Goodstadt explains

Leo Goodstadt is adjunct professor in the School of Business, Trinity College Dublin and an Honorary Fellow of the University of Hong Kong. His well-regarded book, Reluctant Regulators: How the West Created and China Survived the Global Financial Crisis¸ appeared earlier this year.

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Interesting articles on European issues

Security of EU external borders, please click here

Eastern countries waiting for Poland’s ‘natural symphaty’, please click here

EU backing Lithuania’s confrontation with Communist past, please click here

Croatia to join EU in 2013, please click here

Five years jail terms for cyber-attackers, but don’t they have to be caught first?, please click here

Nuclear energy referendum in Italy, please click here

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EU expressing solidarity and bringing help to Japan

“We are deeply concerned at the news of the devastating earthquake which has struck Japan, causing a number of fatalities and serious material damage. The European Union expresses its solidarity and condolences to the people and government of Japan, and to the families of the victims at this difficult time. We stand ready to assist in any way we can in case of need.” President Barroso and President Van Rompuy, 11 March 2011

 

As Japan struggles with the aftermath of the earthquake and tsunami on the 11 March and the ongoing crisis at the nuclear plant in Fukushima, the world is taking action by sending specialists to help looking for survivors and share knowledge about prevention of nuclear disasters.

On the 15 March Japan requested help from the European Union with the quickly unfolding humanitarian crisis, as confirmed by Herman van Rompuy, President of the European Council.  Latest reports say that although official death toll has just exceeded 9000, according to domestic media in Japan more than 20000 people have died or are still unaccounted for. Around half a million people are believed to became homeless after the events that hit this higly populated coutry.

 José Manuel Barroso, the president of the European Commission, said on the 15th that the EU will “stand by the Japanese people and the Japanese authorities in these very difficult moments” and on the 16th European Parliament President Jerzy Buzek expressed his condolences in the name of the European Parliament to the entire Japanese nation and described the situation as the biggest human tragedy in the country since World War II.

We know that Japan has requested mattresses, blankets, bottled water, water tanks and purification units but asked for a co-ordinated EU response rather than member states rushing in with help. EU activated its emergency response system – the Community Mechanism for Civil Protection with the Monitoring and Information Centre (MIC) at its operational heart, which facilitates co-operation in civil protection assistance interventions in the event of major emergencies.

The following 31 states participate in the Community Mechanism:

27 EU Member States – Austria, Germany, Netherlands, Belgium, Greece, Poland, Bulgaria, Hungary, Portugal, Cyprus, Ireland, Romania, Czech Republic, Italy, Slovakia, Denmark, Latvia, Slovenia, Estonia, Lithuania, Spain, France, Luxembourg, Sweden, Finland, Malta and United Kingdom.  Other participating States are Iceland, Liechtenstein, Norway and Croatia.

So far, 20 Member States have offered personnel or material through MIC: Austria, Belgium, Bulgaria, Czech Republic, Denmark, Germany, Slovakia, Spain, Finland, France, Hungary, Iceland, Italy, Luxemburg, the Netherlands, Norway, Poland, Romania, Sweden and the United Kingdom. Offers from other countries are expected shortly.

The EU is providing additional help by:

 • setting up an online information exchange for Union citizens affected by the earthquake and tsunami;

 • putting together EU Civil Protection Assessment and Coordination Team of 10 experts who are ready to leave any moment to coordinate the upcoming assistance on the ground – supported by specialists in areas like: radiology, nuclear technology and other technical fields;

 • sending a humanitarian expert to join a UN team and a liaison officer to coordinate communication with the Japanese government.

The nuclear crisis

The crisis in Fukushima plant is being closely watched by the Union with the Commission is getting regular updates from the International Atomic Energy Agency. Japan authorities have not so far asked for help but EU is ready to provide help in case of a request.

The Commission has met the EU’s 27 national nuclear safety authorities and people in charge of building and running Europe’s nuclear power plants on the 15 March. The aim was to assess the EU’s state of preparedness in responding to any similar problems.

The Commission plans to coordinate stress tests of all the EU’s nuclear power plants to ensure these are safe and will ask neighbouring states to make a commitment to carry out similar stress tests.

How can you help

The Japanese Red Cross has been on the ground since the disaster began and has sent 230 response teams to provide first aid and emergency healthcare, as well as distributing relief items. They need emergency funds to bring help to all those in need, housed in temporary shelters and still searching for their family members. Please donate here

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Some interesting reading to do this week

EU response to Libya:

http://bit.ly/elXanC

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/120012.pdf

http://bit.ly/f7MyMh

http://bit.ly/hdw7EC

Continue reading

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Development of EU human rights law from the founding of the EEC to the present day.

 Introduction

In the wake of World War II’s destruction, the European Coal and Steel Community (ECSC) developed to amalgamate French and German production of coal and steel within a framework of cooperation that would be open to the membership of other European countries.  The first Member States of the ECSC: Belgium, France, Germany, Italy, Luxembourg and the Netherlands, signed the Treaty of Paris on 23 July 1953. 

In 1957 the European Economic Community (EEC) was established by the Treaty of Rome, bringing together the same countries as ECSC in a community whose aim was to achieve integration via trade with a view to economic expansion.  

On 7 February 1992, the Treaty on European Union created the European Union (EU), absorbing the EEC and renaming it the European Community (EC).  The Treaty entered into force on 1 November 1993.

 In the European Union the focus is to cover a wide range of civil and political issues, thus expanding from an organisation dealing mainly with economic and trade issues to non-economic domains.  This reflects changing goals of the Communities [Union].

The European Union began with an initial focus on economic cooperation rather than human rights and for many years it seemed to ignore the fact that human rights are a long established idea in the Member States.  The Union expected national constitutions of the Member States to guarantee protection of fundamental rights.  Through the 1960s the Court of Justice refused to take responsibility for protection of these rights as there was no reference to them in the Treaties.

The development of the EU concept

In 1963 and 1964 decisions were made in Van Gend en Loos[1] and Costa v ENEL[2], establishing supremacy of EU law above the national laws.

There has been no difficulty in Germany regarding the supremacy of EU law over ordinary German law, including statutes of the Federal Parliament.  However, in Germany all laws are subordinate to the constitution, and there is a special Federal Constitutional Court (Bundesverfassungsgericht) which is looking at constitutionality of all types of legislation.  Thus, it was hard to swallow for German lawyers – you mean for the constitution that there could be laws (from outside Germany) which would not be subject to scrutiny by this court.  German lawyers were very persistent in putting their point forward and it soon became apparent that the European Court must take action to stop a possible rebellion by German courts.[3]

It was in 1969 that the Court acknowledged its responsibility to protect ‘the fundamental human rights enshrined in the general principles of Community law’ in the landmark decision in Stauder v City of Ulm[4].  In this case, the applicant who received vouchers for cheap butter under EU scheme for recipients of certain social benefits maintained that he was humiliated by the requirement to write his name and address on the coupon.  The Court held that the measure of EU law did not require for these details to be included on the coupon, but it was the German interpretation of the law.   The Court held that more liberal versions/interpretations of the EU law from France and Italy, where no requirement of revealing personal details was read into the law,  should be adopted, as this would not prejudice the ‘fundamental human rights in the general principles of [EU]law and protected by the Court’.  It was clear from then on that the Court would adopt an interpretation of EU law provision which did not infringe fundamental rights.

In 1970 in the case of Internationale Handelsgesellschaft the applicant claimed that the system which was put in place to control the market in certain agricultural products was invalid as being contrary to fundamental human rights (proportionality) which is one of the rights protected by the German Basic Law.  On facts the Court held that there was no violation of the fundamental rights of trade in this case but in its dictum it stated ‘(…) respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice.  The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the [Union]…’[5].  Despite all its efforts, the European Court was not immediately able to head off a rebellion by the German courts.  The Internationale Handelsgesellschaft pursued the matter further, before the General Constitutional Court which challenged the supremacy of EU law by ruling that it was the fundamental rights set in Basic Law that would prevail over EU law as at the time there was no catalogue of fundamental rights in EU and the EU Parliament did not have legislative powers[6].  This view was supported by Italian Constitutional Court in Frotini v Ministero delle Finanze[7].

The implications of the decision was that EU must develop a fundamental rights doctrine of its own, so that these rights are protected by the EU itself, therefore not allowing the conflict with national laws to emerge, so that the national courts would not have to apply their own constitutional norms.

It was only in 1986, the German Constitutional Court considered the protection of fundamental rights by the Court of Justice to be of the same level as that granted by the German Basic Law – Solenage II [8].

 In 1974, in the case of Nold[9] the applicant claimed that his property rights and right to pursue economic activity were violated.   The European Court recognized these two principles as fundamental rights under EU law, but held that they must be regarded as subject to limitations ‘justified by the overall objectives pursued by the Community [Union]’.  No infringement had therefore taken place.  This case goes beyond the Internationale Handelsgesellschaft as it makes clear that an EU measure in conflict with fundamental rights will be annulled and it held that the international human rights treaties are another source of fundamental rights in EU law.  It has later identified a number of treaties as sources.  In 1975, it referred to the ECHR in the case of Rutili[10], indicating its special status.  It has also mentioned International Covenant on Civil and Political Rights[11], the UN Convention on the Rights of the Child[12], the European Social Charter and the Community Charter of Fundamental Social Rights of Workers[13].  The Court has recognized a number of categories of different rights including civil rights, economic rights, rights of defence and general principles of law.[14]

In the cases of Klensch (1986), Demirel (1987) and Bostock (1994), the Court of Justice expressly recognised the strict limitation of its competence in the area of supposed fundamental rights, to Community matters only.  In Wachauf (1989) the Court has reinforced the idea which was advanced before in Hauer (1979), that the fundamental rights were never absolute but that balance must always be made with the wider interests of the Community itself (mainly economic aspirations expressed in Articles 2,3 and 4 of the Treaty), as Ward has correctly stated ‘the fundamentality of any fundamental right is dependent upon the contingency of the particular case’[15].

It has to be noted that the European Court will never admit to applying national laws as such, instead, it uses the concepts underlying the national provisions as ‘inspiration’ for the EU concept of fundamental rights.  If the right in question is generally accepted throughout the EU, and it does not prejudice fundamental EU objectives, the Court is likely to accept a fundamental right under EU law as a matter of policy, even if the rights is constitutionally protected in one of the Member States only.  The position is different however, when it is a controversial right.  An example of such right is abortion.  This came before the Court in the case of SPUC v Grogan[16] , where a private organization tried to stop students’ unions in Ireland from publicising the addresses of British abortion clinics (abortion is illegal under Irish law) to university students.  The European Court held in favour of the organization on facts (the Students’ Unions were not acting on behalf of the British abortion clinics but simply to help students, therefore could not rely on the right to advertise the services provided in one of the Member States in other EU countries).  The Court did not want to force the Irish laws on other Member States but neither had it wanted to undermine the Irish Constitution in so far as it operates in Ireland.  If British abortion clinics wanted to advertise in Ireland this could be prevented under the public policy proviso in Art 52 TFEU which applies to services by virtue of Art 62 TFEU and allows Member States to make exceptions to EU rights on grounds of public policy.  Each Member State decides for itself what the public policies are[17].  This could only be precluded if the right to abortion is held by the Court to constitute a fundamental human right which is unlikely to happen.[18]

 

The European Convention on Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) was inspired by the United Nations’ Universal Declaration of Human Rights (1948) and deals largely with civil and political rights.  It came into force in 1953 and was the Council’s first legal treaty to protect human rights, as well as the first international human rights treaty with enforceability mechanism.   

All the Member States are parties to the ECHR and the Court has made a reference to it on number of occasions.  Indeed the European Court has even followed the Strasbourg (European Court of Human Rights) case law to the extent of reconsidering its own preceding case law in the view of later Strasbourg case law.  That occurred in Roquette (2002) when the European Court seemed to review its Hoechst (1989) decision in the light of the ECtHR’s judgement in Chappell and later Casey concerning the search of business premises under Article 8 of the Convention.[19]

In 1979, the Commission submitted a report proposing that the EU formally adheres to the ECHR.  This was revisited in 1990 and resulted in the Council seeking from the European Court an opinion, whether this was legally possible.  The Court held that this was not possible without amending the Treaties.  It cannot be missed that the European Court made its decision by a way of sober analysis of the law, lacking the usual enthusiasm for expanding the powers of the EU.  It seems that it did not welcome the prospect of the Strasbourg court having the final word on human rights in the Union, so opines Hartley.[20]

It took more than 30 years from when the idea was first put forward for the amendment to be made by the Treaty of Lisbon.  Article 6(2) TEU provides that the EU will accede to the ECHR.  The Union has to apply to become a Party but it is hoped that necessary negotiations won’t take too long.  Article 6(3) further states that the fundamental rights as guaranteed by the ECHR and constitutional traditions of the Member States constitute general principles of the EU law. 

In the future there will be more than one foundation for protection of the human rights in the EU: ECHR, general principles and the Union’s own Charter of Fundamental Rights which I will discuss below.

Accession by the Union to the ECHR, may be seen as having advantages and disadvantages, the outcome of a cost benefit analysis still not being entirely obvious.

Until the EU becomes a Party to the ECHR, it will not incur responsibility for an infringement of the rights and will not be under jurisdiction of the ECtHR.  However, it is possible that the Member States will incur responsibility if they act in a way required by EU law but which is in violation of the Convention.[21] Once the EU becomes a Party to the ECHR, it will be impossible for the Member States to be liable under the ECHR if acting under EU law, which is a welcomed clarification of law and main advantage of EU accession to the Convention.  On the other hand, the Union itself may incur liability, which will open new chapter in human rights law in the European Union as individuals believing that the EU violated their rights will be able to bring the proceedings directly to ECtHR in Strasbourg. 

The final argument in support of EU accession to the ECHR is that it is of symbolic importance.

Political influence on the development of human rights in the European Union

Political institutions of EU also had a role in improving the protection of human rights in the Union.  In 1976 the Commission has issued a report to the European Parliament, expressing the be belief that protection of human rights is best provided by the European Court through the general principles doctrine, as its flexibility allows for the law to keep pace with changing needs.  In 1977 a Joint Declaration of the European Parliament, the Council and the Commission[22] was submitted, affirming the commitment of these institutions to fundamental rights.  In 1986 the same institutions signed a Joint Declaration against Racism and Xenophobia[23] and in 1989 the European Parliament adopted its own Declaration of Fundamental Rights and Freedoms[24], a detailed catalogue of rights which the Parliament though should be protected.  None of the above is legally binding but it is thought that the European Court may be drawing inspiration from them when making decisions.

Charter of Fundamental Rights of the European Union

In June 1999, 62 representatives from EU Member States have decided that the European Union should have its own charter of rights, especially suited to its own competences, and so drafted the Charter of Fundamental Rights of the European Union.  Its goal was to cover all rights of the EU citizens, including rights prescribed by the ECHR and the European Social Charter, two treaties of the Council of Europe.  The Charter’s Preamble states that it aims ‘to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter’.   It brings together in one document rights previously found in a variety of legislative instruments, such as in national constitutional laws and EU law, as well as international conventions.  The guaranteed rights are divided in the Charter into six chapters: citizens’ rights, dignity, equality, freedom, justice and solidarity.

Due to disagreement among MSs, the Charter did not become a binding legal document until December 2009.  Article 6(1) TEU now gives the Charter the same legal value as the Treaties.  The Charter goes beyond the ECHR by giving protection to various social rights, including education (Article 14), work (Article 15), rights of the elderly (Article 25), right of access to a free placement service for job seekers (Article 29), right of access to health care (Article 35). 

When the Charter covers the same rights as Convention, the interpretation and scope of these rights as described by the ECHR will also apply to the Charter -source.  However, under Article 52(3) the European Court can make the final decision giving more extensive protection than that offered by the ECtHR.  In case of rights which are not included in the Convention, the Court will have the power to determine their meaning and scope.  Article 52(2) provides that rights described in the Charter which are based on the EU Treaties must be exercised under the conditions and within the limits described by the Treaties themselves.

The Charter is not a universal human rights instrument for the European Union but quite the opposite is intended to have a rather limited scope, being addressed only to the European Union institutions and to the Member States only when they are implementing Union law.[25]

Member States are subject to the Charter where they are implementing Union law, but to the ECHR where they are acting on their own (as they are all parties to it).  They are also indirectly bound by the European concept of human rights where it is used to interpret the provisions of the Treaties or EU legislation.  Further, when rights are granted to individuals but are subject to derogations on grounds of public policy, those derogations must not violate the EU concept of human rights.  Member States are not bound by the EU concept of human rights outside the scope of Union law.

The introduction of the Charter and now its incorporation, by reference, into the Treaties, helps legitimize the Court’s reference to human rights and gives it a further steer as to what constitutes Union’s fundamental rights. [26] In the case of Dynamic Medien[27] for example, the Court expressly referred to the Charter to justify developing the new mandatory requirement, the protection of children.

The Treaty of Lisbon complements the EU’s human rights policy when describing EU external action in its Article 21 (paragraphs 1 and 2).  It puts respect for and the promotion of human rights at the centre of EU external action in the same article (paragraph 3).  It also underlines the necessary consistency to be reached between the different aspects of EU external action and between the EU’s internal and foreign policy.  The Treaty of Lisbon further insists on objectives that should guide the foreign policy of the Union and does not play one objective against another (for example: trade against human rights).[28]

Position of United Kingdom

When the Charter was adopted, UK (and Poland) feared that it would extend the scope of EU human rights laws to impose it on the Member States, so as laid down in Protocol 30 on the application of the Charter, UK and Poland are not bound by it.  However, Article 51(1) makes it very clear that the Charter does not apply to the Member States unless they are acting under Union law.  The same article states that the Charter does not establish any new powers or tasks for the Union, or modify any of the tasks or powers defined by the Treaties.   Once more UK has distance itself from the European concept of human rights.  However, as the concept of fundamental rights in Europe develops, United Kingdom will surely earlier or later access the Charter as another source of the human rights as its unusually diverse population will pressure the Parliament to  admit that the protection of human rights offers a legitimation for EU constitutional authority that market integration did not[29]

Bibliography

Charter of Fundamental Rights of the European Union at http://www.europarl.europa.eu/charter/default_en.htm accessed on 07 February 2011

Treaty on European Union at http://eur-lex.europa.eu/en/treaties/dat/11992M/htm/11992M.html accessed on 07 February 2011

TC Hartley, The Foundations of European Union Law, (7TH edn OUP, New York 2010

Francis G. Jacobs, The European Convention on Human Rights, the EU Charter of Fundamental Rights and the European Court of Justice – The impact of European Union accession to the European Convention on Human Rights, in Jacobs and White The European Convention on Human Rights (3rd edn OUP, Oxford 2002)

D. Chalmers, G. Davies, G. Monti, European Union Law, ( 2nd edn Cambridge University Press, New York  2010)

I. Ward, A Critical Introduction To European Law, ( 3rd edn Cambridge University Press, New York 2009)

C. Bernard, The substantive law of the EU, The Four Freedoms, (3rdedn OUP, New York 2010)

Websites:

Francis G. Jacob , ‘Accession of the European Union  to the European Convention on Human Rights’ http://www.statewatch.org/news/2007/sep/jacobs-eu-echr.pdf accessed on 05 February 2011

Barbara Lochbihler, ‘Human Rights Policy of the EU after Lisbon’ http://www.boell.eu/web/116-593.html accessed on 06 February 2011


[1] Case 26/62 Van Gend en Loos v Nedelandse Administratie der Belastingen [1963] ECR 1

[2] Case 6/64 Costa v ENEL [1964] ECR 585

[3] TC Hartley, The Foundations of European Union Law, (7th edn OUP, New York 2010)

[4] Case 29/69 Stauder v City of Ulm [1969] ECR 419

[5] Case 11/70 Internationale Handelgesellschaft v Einfuhr – und Vorratstelle für Getreide und Futtermittel [1970] ECR 1125

[6] Internationale Handelgesellschaft v Einfuhr – und Vorratstelle für Getreide und Futtermittel [1974] 2 CMLR 540

[7] Frotini v Ministero delle Finanze [1974] 2 CMLR 372

[8] Wünsche Hadelsgesellschaft (Solenage II) [1987] 3 CMLR 225

[9] Case 4/73 Nold v Commission [1974] ECR 491

[10] Case 36/75 Rutili v Ministre de l’Intérieur [1975] ECR 1219

[11] Case 374/87 Orkem v Commission [1989] ECR 3283

[12] Case C-540/03 Parliament v Council (family reunification)[2006]ECR I-5769

[13] Case 24/86 Blaizot v Belgium [1988] ECR 379

[14] D. Chalmers, G. Davies, G. Monti, European Union Law, ( 2nd edn Cambridge University Press, New York 2010)

[15] I. Ward, A Critical Introduction To European Law, (3 edn Cambridge University Press, New York 2009)

[16] Case C-159/90 SPUC v Grogan [1991] ECR I-4685

[17] Cases 115-16/81 Adoui and Cornuaille [1982] ECR 1665

[18] TC Hartley, The Foundations of European Union Law, (7th edn OUP, New York 2010)

[20] TC Hartley, The Foundations of European Union Law, (7th edn OUP, New York 2010)

[21] Matthews v UK (1999) 28 EHRR 361

[22] 5 April 1977, OJ 1977, C103/1

[23] 11 June 1986, OJ 1986, C158/1

[24] OJ 1989, C120/51

[25] TC Hartley, The Foundations of European Union Law, (7th edn OUP, New York 2010)

[26] C. Bernard, The substantive law of the EU, The Four Freedoms, OUP, 3RD ed, New York 2010

[27] Case C-244/06 Dynamic Medien [2008] ECR i-5050, Para.41

[28] Barbara Lochbihler  ‘Human Rights Policy of the EU after Lisbon’ http://www.boell.eu/web/116-593.html

[29] D. Chalmers, G. Davies, G. Monti, European Union Law, ( 2nd edn Cambridge University Press, New York 2010)

Posted in European Human Rights | 2 Comments

Putin v Barroso

EU-Russia Energy Dialog (or is it Energy Quarrel?)

Russia is and has been one of world’s energy superpowers for a long time.  Its natural gas reserves are the largest on earth, coal reserves being second largest and oil eight largest.  Russia is second biggest oil producer in the world after Saudi Arabia, overtaking it from time to time as world’s number one.  It exports 70% of oil produced, which makes it leading net energy exporter as well as a major supplier to the European Union.

In 1997, Moscow has signed the Energy Charter Treaty, but it has refused to implement it later on.  However, the leaders of the EU and the than Russian Federation accepted that energy relations are one of the key areas of collaboration between the EU and Russia and that they had to be upgraded.  The EU–Russia Energy Dialog about energy was launched in October 2000 in Paris, during the EU-Russia Summit.  It involved the EU Member States, energy industry and international financial institutions and projected gas pipelines originating in Russia and supplying Europe.  The relations have been steadily improving since, however, recent changes in EU energy law, stopping oil and gas suppliers from managing pipelines will hurt Russian enterprises, according to Russian prime minister, Vladimir Putin.  He used words like ‘confiscation of Russian property’, referring to EU-Russia agreement from 1994, when he clashed with Barroso during a press event in Brussels on the 24th of February 2011.

At EU summit on 4th of February, a bid worth a trillion Euros was launched by the Union leaders, to slash dependency on Middle East oil and Russian gas, by linking national and regional electricity grids and gas pipelines by 2014 to allow power to circulate freely and cheaply.  This was an important step because as it stands at the moment EU imports 82% of its oil and 57% of its gas, including 32.6% of oil and 38.7% of natural gas being bought from Russia.

The main aim of the new policy is to boost competition in the EU gas market, to prevent one company from controlling the supply in any one country and in consequence bring down the prices.  Countries have three different options to choose from under the ‘Third Energy Package’.   Under the toughest model of unbundling, suppliers would have to sell their gas transport businesses. A second possibility is that companies are not split up, but an independent operator is appointed for the transport infrastructure, the activities of which are limited to one country. The third possibility is that the company is not split, but a special board takes responsibility for its ‘independent’ decision-making.

It seems that Gazprom and Transneft, both state-owned companies in Russia will be the worst hit by the new laws.  Both companies were previously criticized for its tactics and strategies in consolidating its grip on oil and gas in Europe, including: locking in demand (attempting to use long-term contracts and discriminate countries on prices by dealing with them separately, rather than as a group), locking in supply (attempts to consolidate Russia’s control of the energy infrastructure in Europe, including supply, sale and distribution) and derailing competition.  It has been said that both companies should be forbidden to buy assets in EU member states until the companies become more transparent in their accounting and operating practices.

Prime minister Putin argues that the ‘Third Energy Package’ would not improve but rather worsen conditions for Russian firms operating in the European market and that the implementation of these new laws will lead to increase not decrease of energy prices in the EU market.

This has been rejected by Barroso, branding the legislation ‘non-discriminatory’, with laws applying to all EU and non-EU companies alike in accordance with the ‘reciprocity’ clause, and being compatible with WTO rules.  He had ruled out any possibility of changes as the legislation has now been passed and will be binding on the Member States from 1st of March.

There can be no certain data as to whether costs of energy will go down or up given the number of variables such as high demand from China and India and the price of a barrel of oil hitting $120 earlier in February this year. However, supporters of the 3rd Energy Package are confident that an open market will encourage more efficient energy production and keep prices at a reasonable rate. What’s more there will be measures to protect poorer countries/consumers.

Europe’s energy market is changing rapidly, and so do people’s Energy’s needs. Some people/countries are more interested in price, some in green energy and others in generating their own power. It is hoped that by opening up the market with new laws, consumer rights will be better protected and regional solidarity in the event of severe gas supply disruptions will be promoted.  Investment and security of supply are unquestionably at the heart of the Third Energy Package.

Despite the clashes between Putin and Barroso, on the 25th of February EU Commissioner for Energy Günther Oettinger and Russia’s Minister of Energy Sergei Shmatko, have signed several important documents which demonstrate that the Energy Dialogue between Russia and EU moves forward.

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Europe – its time to play the game

China has become a second largest economy in the world, overtaking Japan and Europe’s leading economies – France and Germany, and threatening to outrun USA within next 10 years.  Its manufacturing boom has been valued at £4.2 trillion, a spectacular result compared with £3.4 trillion in Japan, proud holder of the second position for last 40 years.  The US economy is currently still almost 3 times larger than in China, but if the economy in China keeps growing as rapidly as it did in last few years, the economists predict that it could catch up in the next decade.

World’s 10 biggest economies:

  • US
  • China
  • Japan
  • Germany
  • France
  • UK
  • Italy
  • Brazil
  • Canada
  • Russia

Source: IMF 2010

Today China is the world’s biggest exporter, car buyer and steel producer and the biggest energy consumer.  The country, which has transformed itself from impecunious communist state to economic superpower, is changing everything from the global balance of military and financial power to design of cars, electrical and electronic equipment. China is catching up with Europe in the number of patents issued, as well as private and public spending committed to research and development, and academic research on cutting-edge technologies.

China represents a huge economic potential, but also poses a number of difficulties for EU businesses.  Today, EU remains China’s largest trade partner with exports and imports between them rising by 30.5% year-on-year to €33 in 2010, however, ever better knowledge and greater understanding of China are crucial to increasing EU’s competitiveness and enhancing Europeans’ capacity to take advantage of the potential of China’s market.  Moreover, being placed geographically and politically in between China and the US, Europe must learn to play with both superpowers to amplify its own economical position in the future world.

 

Interesting programme about the spread of Chinese economical influence around the world – http://www.bbc.co.uk/programmes/b00ykxfh

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