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The EU and European Politics

The financial crisis and its aftermath have brought to light the crisis of European integration, more precisely the crisis and potential demise of a certain approach to integration pursued since the early 1950s. The demise of an allegedly inevitable ‘ever closer Union’ pursued primarily in a technocratic way predates the turmoil which started in late 2008. The escalating struggle between European institutions and member states, buttressed by the rise of popular distrust, seems to emerge as one of the biggest challenges to European integration. dev aidIn development cooperation, an area of ‘shared’ competences between the EU institutions and the member states, it has remained unexplored how economic recession, the sovereign debt crisis, austerity, the struggle in the eurozone and increasing Euroscepticism have affected the relationship between the EU and its member states. EU aid has undeniably been affected. Significant cuts to bilateral aid budgets due to the consolidation of public finances have reduced member states’ willingness to pool further resources and competences in Brussels. Instead, member states have shown an increasing tendency to operate on their own or in like-minded groups, and focus on inward-looking aid policiesdriven by national interests and priorities.

UKIP’s recent by election victory proves it: the public are extremely worried about immigration and its impacts on labour markets and communities. The pressure is increasing on politicians of all parties to ‘do something’ about immigration. But this is nothing new. A quick look at immigration laws in the last decade suggests that there has been no shortage of efforts to do something. The most recent Immigration Act 2014 is the fourth major Act in ten years, and the eighth since 1996. During its nine years in office, Labour created eighty-four new immigration offences (Aliverti 2012). These laws have had significant consequences for non-citizens, consequences that have been the subject of interest across a wide range of social science disciplines. Often forgotten, though, are the consequences for citizens and the idea of citizenship. Our blog series on migration and citizenship hopes to address this omission.

While political parties promoting national liberal, conservative and Euro-sceptic positions have experienced a rise in nearly all EU member states over the past years, Germany appeared to be the last safe-haven left. However, this German exception seems to be over. Since last September the Alternative für Deutschland (Alternative for Germany, AfD) has entered three regional parliaments within two weeks, living up to its success in this year’s European elections. Supported by around 10 per cent of the voters, the AfD poses a problem to the Christian Democratic Christian Democratic Union (CDU)/Christian Social Union (CSU) and, especially, to the liberal Free Democratic Party (FDP). They have to fear the establishment of a party which may challenge their dominance over Germany’s political right. While national, liberal and conservative positions are not new to German politics, this space has mainly been covered by the CDU/CSU and FDP. Whereas national liberal and conservative parties had been an inherent part of the German party system during the imperial period and the Weimar Republic, the integration strategy of the CDU/CSU transformed German politics after World War II. By combining liberalism, conservatism and Christian democracy, the CDU/CSU had been successful in leaving only a small niche for potential competitors on the political right. This space was further reduced by the FDP, integrating national and social liberalism within the same party for the first time in German history.

With separate histories and political-cultural traditions, the UK and Spain do not have the same nation-state DNA. Yet both face issues over regional independence. While the UK Government has legitimised the Scottish Government and supported the Scottish Independence referendum as a highly democratic exercise, Spain stands out as remaining normatively inflexible without, so far, even contemplating any dialogue with the presidents of the Catalan and Basque Autonomies. Other EU nation-states accept the UK’s approach to sort out regional and nationalistic claims democratically. But Spain has been avoiding the demands of the Catalan and Basque institutions and citizens on the basis of both historic and more recent episodes of political unrest. As a result, it seems impossible to open any discussion about the devolution claims of city-regional small nations, particularly in terms of devising an internal, alternative and re-scaled configuration of Spain as a nation-state, which would involve modifying the 1978 Constitution. In the case of the Basque Country, this is presented as the least likely outcome as political violence in the region has been both a major obstacle and also a source of inertia. Nevertheless, ETA (Euskadi Ta Askatasuna)[1], announced a ‘definitive cessation’ of its campaign in 2011 and, therefore, should welcome any kind of democratic implementation that involves devolving powers to the Basque Country. But are there any remarkable differences between EU nation-states such as the UK and Spain? Indeed, I think there are plenty of them.

The Guardian newspaper recently published an article by Aditya Chakrabortty entitled ‘Dude, where’s my North Sea oil money?’ (13 January 2014), which drew a comparison between Norway and the UK in terms of what approximately four decades’ worth of fiscal income from oil and gas production has meant for each country. The main thrust of the article was to suggest that the reason why the UK does not have a colossal nest egg like Norway’s is that the UK government effectively squandered its windfall in tax breaks. That is true, but not in the way Chakrabortty thinks. Starting in 1981, once the Falklands conflict (and the need to pay for it) was over, the UK government led by Margaret Thatcher embarked on a process (which accelerated greatly under John Major and even more so under the Blair-Brown Labour governments) of levying progressively less and less taxes on oil and gas exploration and production activities. In other words, Chakrabortty is right in saying that most of the windfall was squandered in tax breaks but, overwhelmingly, the main recipient of these tax breaks was the UK oil and gas industry. As oil prices have skyrocketed from 2000 onwards, the differences in the amounts that the UK levies compared to other large North Sea producers (and not only Norway) have reached astonishing proportions.

Should Scots vote for independence, this will be the first case of secession from an EU member state. There is no precedent which would suggest whether or not an independent Scotland would (automatically) become an EU member state and whether Scots would retain rights stemming from EU citizenship. Analogies have been attempted with Algeria and Greenland, but they crucially differ from Scotland in law and fact. Algeria was effectively a French colony, although formally a Department, and its independence was a matter of decolonisation. This is not the case in Scotland. Greenland remained under Denmark’s authority, but exited what was then the European Economic Community (EEC). Scotland is seeking to do the opposite – leave an EU member state and remain in the EU. The EU is based on international treaties. When new states emerge, some treaties indeed continue to apply in the territory of the new state, if the predecessor state was a party to them. The treaties regulating human rights and humanitarian matters are particularly known to operate in this way. However, there is no such automaticity where treaties that establish international organisations are concerned. Strictly speaking, the EU is not an international organisation, but such an analogy can be established for our purposes here. The UN Charter is also a treaty and an independent Scotland would not accede to it automatically, either. It would need to apply and become a member anew. The same would happen with its EU membership. By becoming independent, Scotland prima facie also exits the EU. However, there is a structural problem in EU law about such an exit.

In her book Statecraft, published in 2002, Lady Thatcher wrote, “The blunt truth is that the rest of the European Union needs us more than we need them.” We may soon learn how true Maggie’s words are. In the United Kingdom, some of the most prominent businessmen, journalists, and academics are trying to convince Britons that a British exit, or “Brexit,” would be a disaster for their country. In the rest of the EU, a Brexit does not seem to be a sensitive issue; in fact, many continental pundits seemed happy to see Britain leaving the last European Council with a bloody nose after the fight about Jean-Claude Juncker. Will the EU be better off without Great Britain? Or will a Brexit herald the fall of the EU?

The violence and despair of the militarised and exclusionary immigration policies of ‘Fortress Europe’ have been well documented. Institutionalised racism combines with an openly hostile bureaucracy of ‘paper walls’. In the UK Home Office, officials are encouraged through a perk system that awards shopping vouchers to officials who decline the highest number of asylum applicants per month. In Fortress Europe: Dispatches from a Gated Continent, Matthew Carr (2012: 120) describes the immigration-media nexus in the UK as a ‘mutually reinforcing consensus between governments, the media and the public that invariably depicts immigration as an endless crisis [and undocumented migrants as] dangerous and dehumanised invaders massing outside the nation’s borders’