Open Europe press summary: 5 February 2009

Europe

Wildcat strikes to be called off after concessions made to unions;
Commission promises to look into the impact of EU law
The Guardian reports that the week-long strike over the use of foreign labour at the Lindsey oil refinery in Lincolnshire will end today after unions and management agreed a deal that will see an additional 102 jobs offered to British workers on the site. Trade union Unite insisted the strike had not been directed against the Italians and, under the agreement, no Italian workers will lose their jobs. Unions have criticised the EU's Posted Workers Directive and the impact of a series of rulings by the European Court of Justice, which they claim have weakened local workers' protection.

Open Europe has published a new briefing arguing that what people have really been objecting to in the last couple of weeks is the basic EU principle of free movement, not individual directives or court cases. For instance, the Laval case - which has frequently been referred to in discussions - has little relevance for the strikes in the UK. The ruling focused on ambiguities surrounding Sweden's system of self-regulating wage negotiations and collective agreements, which has limited or no impact on the UK, given that Britain has had a legislated minimum wage for some time. Likewise, the briefing argues that the Posted Workers Directive actually provided for more protection of posted workers under EU law, and cannot be blamed for the current strikes.

The Times suggests that Gordon Brown has made a significant concession to the strikers by agreeing to look at greater workers' rights as the price for ending the strikes. He promised MPs that he would conduct his own re-examination of European laws on foreign workers to see if they were too favourable to employers - although it remains unclear exactly which laws he has in mind.

However, a separate article in the Times law section notes that, "The truth is that short of a withdrawal by the United Kingdom from the European Union there is no scope for unilateral manoeuvre over the fundamental issues in this dispute -- hence the uncompromising nature of the remarks by Lord Mandelson on Monday." The article quotes Stephen Hornsby, of law firm Davenport Lyon saying, "The free movement of labour was one of the four fundamental 'freedoms' upon which the basis of the European Union was built in 1958. In effect, it means that apart from a very small number of exceptions where there is an identifiable public interest -- such as security or defence -- nationality does not count when people are being employed."

The FT reports that in the wake of the wildcat strikes in the UK the European Commission yesterday promised to take a closer look at how EU rules governing the free movement of labour, including the Posted Workers Directive, are affecting employees. Employment Commissioner Vladimir Spidla said he had commissioned a series of studies "to better understand the impact of the directive on the ground and the consequences of European court rulings".

However, Stefan Corbanie, a Brussels-based lawyer at Eversheds said, "There's not a lot the Commission can do beyond asking states to look again at the implementation". He warned that further erosion of free movement principles would come up against clauses in the EU treaties.

Meanwhile, a leader in the New Statesman, referring to Gordon Brown's "British jobs for British workers" comments, argues that, "No politician should ever promise something that he knows is illegal under EU law".
Open Europe briefing FT Sun Telegraph Telegraph: Riddell BBC BBC: Mardell blog Telegraph: Waterfield blog FT: Milne European Voice WSJ Times Times 2 Guardian Guardian: Milne Mail Independent Mirror EUobserver Guardian: Farage Les Échos FT: Leader EU Referendum blog European Voice 2 European Voice 3 Open Europe press release

Open Europe: "We need a radical new approach to tackling overregulation"
Writing on the Conservative Home website, Open Europe Research Director Mats Persson looks in detail at Open Europe's new research on the cost of EU regulations, which finds that "EU regulations introduced in the past ten years have cost the UK economy almost £107 billion" and that "In 2008 alone, EU legislation dating from 1998 cost the UK economy £18.5 billion - up from £12.2 billion in 2005". He argues that "We need a radical new approach to tackling overregulation" and that "British politicians need a tough new approach to negotiations in Brussels in order to curb the flow of regulation." He also notes that "perhaps surprisingly, only around 5% of all regulations relate to financial services. This means the real losers from over-regulation are small businesses, public sector workers and society as a whole."
Conservative Home Out of control?: Measuring a decade of EU regulation

Pottering claims countries that are against the Lisbon Treaty are responsible for blocking enlargement
In an interview with the FT, EU Enlargement Commissioner Olli Rehn has said that Croatia's chances of completing its EU accession talks by the end of 2009 are under threat from a border dispute with Slovenia, and that he hopes the EU is "mentally prepared" for an application for membership from Iceland.

However, he has been criticised by the President of the European Parliament, Hans-Gert Pöttering, for offering to fast-track Iceland's membership application if it should choose to apply, saying "Now is the wrong time to even think about enlargement", and that priority should be given to ratifying the Lisbon Treaty, reports EurActiv. He also revealed that he feared Rehn's comments could jeopardise the Treaty's future, saying "Countries that are against the Lisbon Treaty must be made to take responsibility for preventing the EU from expanding. Commissioner [Rehn] is knocking the bottom out of this principle".
FT EurActiv

Council of Ministers accused of "major errors" in Working Time negotiations
European Voice reports that the MEPs shaping the European Parliament's position on revising EU rules on working time have accused the Council of Ministers of making "major errors" in its negotiations with the Parliament. MEP Alejandro Cercas has said that the Council of Ministers was trying to avoid negotiating with MEPs on points it did not want to compromise on, saying that, "The Council must negotiate everything, not only the points that it wants to negotiate," adding that the Council was reluctant to negotiate on whether member states should still be allowed to opt out of the EU's maximum 48-hour working week and what criteria should be used to calculate if someone was working additional hours.
European Voice

Czech lower chamber postpones Lisbon Treaty vote
The lower chamber of the Czech parliament has postponed a vote on the Lisbon Treaty until 17 February, the IHT reports. The vote was delayed on Wednesday at the request of lawmakers from the Civic Democratic Party of Prime Minister Mirek Topolanek, who cited procedural reasons.
IHT

European Parliament delays vote on sanctions for employers hiring illegal immigrants
PA reports that a vote by MEPs on moves to impose EU-wide criminal sanctions on employers hiring illegal immigrants has been postponed amid cross-party fears the plan would be a step too far. Under the new plans the employer would be criminalised and not the migrant and while the employer would face action, the illegally-employed workers would be granted legal conditions of employment in the firm.
Telegraaf Welt Reuters

European Parliament's final climate change report toughens stance, while calling for "foreign policy on climate change";
UN Climate Chief: EU target is "too ambitious" for USThe European Parliament has adopted the final report of the Parliament's Temporary Committee on Climate Change, calling for the EU and the other industrialised countries to set a collective target of reducing greenhouse gas emissions by 25-40% by 2020, and by at least 80% by 2050 from 1990 levels. Reportedly it also calls for a "foreign policy on climate change" and for a "third industrial revolution". Meanwhile, Bloomberg reports that United Nations Climate Chief Yvo de Boer has said that US President Barack Obama is unlikely to match the EU pledge to cut greenhouse-gas emissions by as much as 30 percent from 1990 levels because it is too ambitious.Euractiv Bloomberg Focus

Commission denies Irish information campaign is linked to Lisbon Treaty
The Commission has denied accusations that an information campaign it is launching in Ireland has anything to do with the second referendum on the Lisbon Treaty. Communications Commissioner Margot Wallstrom's spokesperson, Joe Hennon, is quoted by EurActiv saying, "it stands to reason that you would want to communicate with young people, and women and lower-paid workers - these are the groups that know less about the EU. This is part of our communications strategy and we've been doing it for four years".
EurActiv EurActiv 2

Barnett: We need "leadership and vision" from the EU on energy policy
Writing in the Spectator, journalist Neil Barnett argues that the question of energy security is a "golden opportunity for Brussels to provide the leadership, vision and funding to dilute Russia's growing leverage", and whether or not it meets the challenge will be "one of the most important geo-political questions of the coming decade."

In a comment piece in the Guardian, Timothy Garton-Ash argues that "There will be no European foreign policy unless there is a European Russia policy. There will be no European Russia policy unless we have a European energy policy", and he goes on to say that the emergence of such a policy is dependant on Germany.
Spectator Guardian: Garton Ash

Farmers could receive millions in extra funding
European Voice reports that farmers in the EU would receive an extra 500 million euros this year if member states back Commission President José Manuel Barroso's plans for 5 billion euros in funding to tackle the economic downturn. It reports that additional funds would be made available to dairy farmers as a concession to Germany, which has been pushing for additional help for dairy farmers.
European Voice

Five EU Commissioners tipped to run in EU elections
EurActiv reports that five members of the Commission are set to leave their positions to run in June's elections for the European Parliament. They include Louis Michel, the Humanitarian Aid Commissioner and Danuta Hübner, the Commissioner for Regional Policy.
EurActiv

France edges closer to NATO reintegration
Le Monde reports that French President Nicolas Sarkozy is putting the finishing touches on France's reintegration into NATO, having reportedly received the agreement of the US that two high command posts be attributed to French generals. Le Monde writes that
"The perspective of a 'return' has reinforced the ability of France to progress on the issue of the European Defence project, even if, because of British blocks, advances in this field have been modest in 2008".
Figaro EUobserver Le Monde FT

Public opinion in Switzerland could be turning against free movement
The Telegraph reports that the vote in Switzerland this weekend over whether to extend the country's free movement provisions to Romania and Bulgaria has taken on a racial aspect, with some posters showing sinister crows pecking at a map of Switzerland. It reports that public opinion may be turning against opening borders, with only 50% backing the new EU deal, down from 67% of voters that backed the first free movement agreement with the EU nine years ago.
Telegraph

The BBC reports that the US Senate has agreed to dilute "Buy American" provisions in the economic stimulus package, following warnings from the EU over the potential for a trade war.
IHT Express Irish Times BBC European Voice WSJ Times Guardian AFP Échos Irish Independent CNN Times

European Voice reports that the Commission's voluntary register of lobbyists has seen poor participation in its sixth-month history, with an almost total boycott by law firms.
European Voice

Le Monde reports that the new Prime Minister of Iceland, Johanna Sigurdardottir, has stated that both joining the EU and adopting the Euro would be "the best option" for Iceland.
No link

Writing in the Independent, the Business and City Editor Jeremy Warner sets out a ten-point plan to save the free market, which would include completing the Doha round of trade talks to counter rising protectionist measures.
Independent: Warner

In an interview in the New Statesman, the former Home Secretary Charles Clarke is quoted saying "I don't think Europe is yet strong enough. We've shown ourselves pretty ineffective, for example in the divisions on the recognition of Kosovo, or the situation in Gaza, or on Georgia where we had divisions all over the place, and I say Europe has to get it together."
No link

European Commission President Jose Manuel Barroso has denied reports that the Euro is facing a collapse, saying: "The Euro is not under threat. The situation is a lot more difficult outside the euro zone than it is within it".Focus

The EU has pledged to spend an extra 300 million euros for peace keeping in Africa.Reuters HLN

UK

Calls for statement over torture row
David Davis MP has demanded that the Foreign Secretary David Miliband make a statement relating to allegations that British authorities were complicit in the alleged torture of a British terror suspect held in Guantanamo Bay, reports the Irish Times. The IHT reports that a British court has said it is unable to release information about Binyam Mohammed, who has alleged he was tortured while in American custody, because of what it called a threat from the United States over sharing of intelligence data.
FT IHT Express Irish Times Sun Telegraph BBC: Robinson blog

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