Commission to introduce legislation to combat invading alien species

The Commission has decided to table draft legislation to combat invading alien species ("IAS").

"Of course, it's not an eventuality that we expect to occur, but as scientists uncover an increasing number of planets in the habitable, or "Goldilocks", zone of their solar systems, we must consider the possibility of intelligent life, including hostile extra-terrestrials," said a Commission spokesperson for the DG Home Affairs earlier today. "While we hope that any first contact will be peaceful, we cannot neglect our duty by failing to plan for the worst. Therefore in the third quarter of this year, the Commission will unveil its legislative proposal on invasive legislative species."

This proposal has been included in the Commission's work plan for the year (page 9, PDF).

"Naturally this is only part of our comprehensive policy towards extra-terrestrial life forms. We are currently drawing up border measures to deal with alien immigration and asylum claims, including prototype specialised finger - or appendage - scanners. We must bear in mind that despite the economic crisis, the EU remains the richest market in the Solar System, and therefore we need workable borders along with national integration plans. We're confident that our proposals will find a receptive audience in the Council and Parliament."

Despite this, the UK government has already signalled that it will not opt into any Schengen scheme on aliens, stating that the UK needed to patrol its own sovereign borders.

"In the event of first contact, we are able to immediately heighten controls on the Channel Tunnel," said a UK official. "However, we will consult politically with our European neighbours on this issue, and explore the possibility of clarifying the definition of "human" in the European Convention on Human Rights."

He added, "While deportation to the planet of origin might not be so economical based on our current rocket technology, we are currently working on a treaty with Jordan that may prove to be mutually benefical."


(Ok, so it's obviously about biodiversity and not alien aliens, but, hey, I missed out on April Fools).

Schengen Wars 2

Romania and Bulgaria's Schengen aspirations are being put on hold again, with the Netherlands and Finland opposing the phased introduction of the two countries into the border-free zone due to concerns over their levels of corruption. Before the vote, Romania blocked tulips from being imported across its border. Their accession was blocked earlier this year in January, which also saw inept diplomacy by Romania.

So are the concerns over the levels of corruption in Bulgaria and Romania justified? The Commission helps and monitors the reform and implementation of changes in the justice system required by EU membership through the "Co-operation and Verification Mechanism" (or CVM). The latest reports on Bulgaria (PDF) and Romania (PDF) were delivered in July. Both reports documented progress, but there's still a long way to go.

The Bulgarian report raises concerns over corruption and over accountability of the judiciary (p.3-4):

"Since last summer, a number of acquittals in cases involving high-level corruption, fraud and organised crime have exposed serious deficiencies in judicial practice in Bulgaria. These deficiencies have not been properly analysed or followed up by the leadership of the judiciary, the Supreme Judicial Council, the General Prosecutor and the President of the Supreme Court of Cassation. Although the revised Judicial System Act adopted in December strengthens the judiciary's accountability, the law has not yet been implemented as intended. The quality and transparency of several important appointments within the judiciary since the beginning of this year have been questioned, leading to unprecedented public protests and a debate on possible constitutional amendments. In addition, allegations of corruption within the judiciary are still not pursued in a systematic way as recommended by the Commission.

[...]

Judicial appointments still lack the necessary level of transparency and credibility. An important senior appointment by the Supreme Judicial Council in November 2010 raised concerns as regards the lack of transparency and competitive character. The entry into force of the newly amended provisions of the Judicial Systems Act in
January 2011, has unfortunately not yet improved the situation as regards senior appointments, which have been still carried out under the old rules and lacked real assessment of the professional qualifications, managerial skills and personal integrity of candidates. Furthermore, a recent nomination was followed by allegations of conflict of interest and procedural irregularities in an ongoing trial handled by the successful candidate. As a protest, two members of the Supreme Judicial Council resigned and criticised the appointment decisions as pre-determined. The subsequent mobilisation of professional associations of magistrates and civil society calling for reform of the Supreme Judicial Council sends an important signal of support for judicial reform. Recommendations by civil society to hold public debates and announce the names of candidates at an earlier stage are laudable. The appointment of highly competent and motivated magistrates of unquestionable integrity via transparent procedures, in particular for the new specialised court for organised crime, is indispensable to successfully implement judicial reform.

[...]

Criminal investigations against magistrates are still not systematically launched by the
prosecution upon allegations of corruption. The decision of the Supreme Judicial Council in June to involve a magistrate with a disciplinary record in the recruitment panel for the new specialised criminal court raises serious concerns. Overall, there is a lack of consistent disciplinary practice. These problems remain a major factor undermining public trust in the judiciary."

Policing in the area of organised crime is also an area of concern (p.5):

"In spite of persevering police actions to tackle organised crime, the overall results need to be significantly improved. Although the joint team on organised crime achieved several indictments related to important organised crime-groups and some convictions have been rendered, other important cases have been concluded with acquittals since the Commission's last annual report. In appeal, severe detention sentences have been pronounced but not yet enforced in one emblematic organised crime case. Weaknesses exist in the collection of evidence, the protection of witnesses as well as in investigative strategies, comprehensive financial investigations and the securing of assets. The General Prosecutor should systematically analyse the reasons for acquittals in high level cases, make recommendations for the handling of future cases when shortcomings in the procedure have been identified and appeal the acquittal decisions when it appears that the Courts did not properly assess the evidence provided."

The report notes a lack of "convincing results" regarding corruption, with cases against former ministers and MPs, and cases involving fraud of EU funds ending in acquittal (p.6):

"The analysis of some of these cases by the Commission and independent experts demonstrated serious weaknesses in judicial and investigative practice. These weaknesses mainly concern the collection of evidence, the protection of witnesses and the general lack of investigative strategies, comprehensive financial investigations and securing of assets. Coordination within the prosecution and between the prosecution and the police should be improved. These weaknesses are compounded by an out-dated Penal Code. Court practice is permissive and excessively cautious, overly attentive to procedures at the expense of delivering justice. While the revision of the Penal Code is advancing, immediate corrective measures, such as the use of interpretative rulings by the Supreme Court of Cassation or legislative amendments should be considered, since the new Penal Code cannot be expected to enter into force before late 2013."

The Romanian report shows some significant improvements, as well as highlighting areas that need a lot of progress. I won't quote from the report to the same extent as the Bulgarian one - I'd recommmend reading both to get a fuller picture of the situation in both countries - but I'll quote to summary paragraphes from the start (p.3):

"Since the Commission's last annual report, Romania took significant steps to improve the efficiency of judicial procedures and continued preparations for the entering into force of four new codes which are the foundation for a modern judicial process. In advance of the implementation of the new codes, the Small Reform Law has brought improvements for the celerity of the judicial process. Romania also responded swiftly to the Commission’s recommendation by adopting a new legal framework for the National Integrity Agency. The National Integrity Agency has been operational under this new legal framework and started to re-establish its track record of investigations. Although not part of the CVM benchmarks, the authorities decided to carry out reviews of the judicial system and of public procurement and to make an evaluation of anti-corruption policy. During the same period, the National
Anticorruption Directorate (DNA) showed a continuously convincing track record in the investigation of high-level corruption cases.

Despite this progress since July 2010, consistency and results in a number of areas remain a challenge. Progress in the fight against corruption still needs to be pursued. Several important high-level cases remain delayed in court for several years and have also seen little movement during this period. Urgent action must be taken to accelerate these trials and prevent them being struck down because of reaching statute-barred periods. The fight against corruption should remain a top priority and be coordinated with the help of a new comprehensive and robust anti-corruption strategy. Urgent measures are needed to improve the recovery of the proceeds of crime, the pursuit of money laundering and protection against conflict of interest in the management of public funds. Better results should be demonstrated in the confiscation of unjustified assets and in delivering dissuasive sanctions for incompatibilities."

Though the domestic reasons for blocking Romania and Bulgaria's phased entry into the Schengen Zone may have more to do with political pressure from the far-right, there are real concerns over the handeling of corruption in romania and Bulgaria. It's true that both countries meet the technical requirements for entry, and that adding this judicial and policing requirements is moving the goalposts, but these issues do need to be tackled as obligations of EU membership. While the politicking might be distasteful - and condemned by both the EPP and the S&D groups in the European Parliament - there is truth to the contention that it's harder to get EU Member States to comply with EU conditions once they're in the club.

Schengen Wars

After France and Germany sent a letter to the EU opposing the accession of Romania and Bulgaria to the Schengen zone (a decision each Schengen member state has a veto on), Romania has hit back with suggestions that it will delay Croatian accession (or that the CVM [Co-operation and Verification Mechanism] that applies to it and Bulgaria should be applied to Croatia as well), and that it might delay ratifying the Protocol allowing the 18 Lisbon MEPs from taking their seats in the European Parliament. France and Germany are blocking the expansion of the Schengen zone to include Romania and Bulgaria because of their failure to make good progress in combating corruption and organised crime. However, technically both Bulgaria and Romania have met the criteria for acceding to the Schengen zone, and the two sets of criteria are supposed to be separate.

Romania's fight-back has been couched in the language of the rights of small states against the power of the Franco-German core. Ironically, a few days before EUobserver reported the Franco-German letter, I heard this policy being held up as an example of successful small state diplomacy - the Netherlands was extremely reluctant to let Romania and Bulgaria join, and wanted to put pressure on them to speed up justice reform. (Justice, immigration and law and order are policy areas the Dutch government is very keen on). Though the Netherlands has a veto in this area, using the "nuclear option" isn't a great diplomatic technique, and it's much better to get wider support for their position, so the Dutch lobbied the other states (particularly France) on the issue. (Yet another example of the veto not being a practical tool in European politics, I think).

In any case there's the question of whether or not it's right to move the goalposts like this. Wikileaks, as the EUobserver reported, has shown the considerable frustration in the EU over the the failure of the 2007 accession states to effectively fight corruption. The EU has been lax and hasty in its enlargement, and there's little incentive for states to reform after they've joined. It is hard to see how corruption and organised crime can be divorced from the burden Romania and Bulgaria would have to assume in becoming the EU/Schengen zone's border. Would border controls be or remain effective?

It may be unfair to tie these issues together after the fact, and the EU should have perhaps linked them more closely earlier, but these issues aren't optional for Romania, Bulgaria or the EU, and we have to find some way of ensuring that they will be tackled. There is a big question over big states versus small states rights, but this is not the most glorious way of fighting the small states' fight - because in the end this is about Romania and Bulgaria living up to the commitments of membership, which will benefit them and and EU.


UPDATE: Romania has given up on this strategy. Also worth reading is Kosmopolito's critque of Romania's brand of EU politics.