I am playing Jiminy Cricket this week, trying to keep you on the straight and narrow – in relation to views about the European Union: 'If you start to slide, give a little whistle! Give a little whistle!'
This has not been a good week for the EU. Even an eternal Europhile optimist like me has to admit that. Greece is teetering on the edge of bankruptcy, producing severe strains in the management and long-term health of the eurozone. The Greek crisis goes beyond economics, though. It tests the experiment as a whole: are we just single nation states with some issues in common, or are we bound together into a common, rise together, fall together destiny?
Then we learned that the Belgian government had just collapsed – again. It will hold the next six-month revolving EU presidency, due to begin on 1 July (there is talk once more of the country splitting up into French and Flemish halves, and there will be an election soon). The presidency has less importance now that there is a permanent president of the council under the Lisbon Treaty – the haiku-writing Herman Van Rompuy – but it will hinder decision-making nevertheless.
So, I shall don my blue top hat, golden shoes and umbrella and dance up and down in front of you, giving you two things to whistle about. They have no connection other than that they are examples of what the EU does well.
The first is the recent volcanic ash cloud crisis. You may have noticed that passenger rights for EU passengers stranded over the globe were secured by an EU regulation, even though that fact was rarely, if ever, stressed. If you go to the European Commission’s transport website, you will find a wealth of information useful to consumers during the crisis: a form where you can find out about your rights, a form where you can complain about your rights being breached, a list of national competent authorities, the text of the regulation which gives passengers their rights (regulation (EC) No 261/2004), and a helpful list of frequently asked questions. It was only the EU-wide regulation which gave passengers guaranteed rights if they were going to or from an EU airport. I know the crisis is now all but over, but there are still stranded passengers, and some of these pointers may help.
The second topic concerns victims of domestic violence. The commission is involved in a very interesting debate trying to guarantee their rights on a common basis around the EU. The current Spanish EU presidency had made it one of their priorities to create a ‘European judicial system’ to protect such victims, particularly women. In essence, their proposal would see a country that wishes to protect a victim of violence issue a ‘European protection order’, which would be recognised and incorporated into the national law of another country in which the victim might find herself. We can all support the principle of that.
As it happens, there is a serious legal problem: the council, that is to say the institution represented by the Spanish EU presidency, can make legislative proposals in criminal matters, whereas the commission is competent in all civil matters. Unfortunately for the Spanish, acts of domestic violence fall under the civil law in some countries – such as Luxembourg, Germany, the Netherlands and Belgium – and under criminal law elsewhere – France and Spain, for example. So, the Spanish have no competence to propose what they have done. The commission, jealous of its powers, has threatened to take any future Spanish proposal to the European Court of Justice for breaching the treaty rules. The commissioner for justice, Viviane Reding, fears that victims could become victims again because of this uncertainty, and will submit at the beginning of 2011 two proposals for a directive, one based on civil law and the other on criminal law. The UK supports the Spanish presidency on this topic.
Yes, I know it sounds as if Euro-spaghetti is being produced yet again. But it is a good idea to try to protect victims in this way. Over and over again, our rights have been improved by the EU seeking to harmonise a common standard around Europe. The problems which arise – as here with the different treatment of domestic violence in the various legal systems – are themselves helpful in learning that there are different solutions to common problems.
So, 'when you meet temptation and the urge is very strong, give a little whistle! Give a little whistle! Not just a little squeak, pucker up and blow. And if your whistle's weak, yell "Jiminy Cricket!"'
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