nEUwsletter 21/10/2019

What’s going on with Brexit?

By Mathilde Flamant

Andy Rain/EPA

Brexit has known some new, promising rebounds. Indeed, on 17th October, the UK’s Prime Minister, Boris Johnson has agreed a deal with the European Union. This new deal is quite close to the previous ones, the main change being a new solution to the Irish border issue, with new customs arrangements. With this agreement, a regulatory border would be created between Northern Ireland and Great Britain. The Goods entering Northern Ireland from Great Britain will have to pay EU import taxes, that would be refunded for the goods remaining in Northern Ireland. This solution avoids conflicts between Northern Ireland and the Republic of Ireland. The new withdrawal deal needs to be agreed by the UK Parliament to come into force. On 19th October, the MPs chose to postpone a vote on the deal until further legislation to smoothen Brexit, by turning EU law into UK law, was completed. On 25th October, the European Union has agreed to delay Brexit, but hasn’t given any deadline yet. Boris Johnson said that he would try to hold a general election on 12 December if the EU agrees to grant him a new delay until 31 January. He expects to get a wider support from this general election, and therefore to pass the withdrawal deal before the end of January.

Same-sex marriage and abortion now legal in Northern Ireland

By Hélène Veysseyre

Simon Graham, Amnesty International, via REUTERS | People take part in a demonstration supporting women's laws, organised by Amnesty International, including Grainne Teggart, Amnesty International's campaign manager for Northern Ireland, in Belfast, Northern Ireland, October 21, 2019

On October 22th 2019, Westminster passed the Northern Ireland (Executive Formation etc) Act 2019 to legalize same-sex marriage and to decriminalize abortion in Northern Ireland. Until then, only civil partnerships were recognized in Northern Ireland since 2005 with the Civil Partnership Act 2004. In terms of marriage though, legislation to allow same-sex marriage in England and Wales was passed by the Parliament of the United Kingdom in July 2013 with the Marriage (Same-sex Couples) Act 2013. As for Scotland, it was passed by the Scottish Parliament in February 2014 with the Marriage and Civil Partnership (Scotland) Act 2014. With this decision taken by Westminster, the whole United Kingdom now recognizes the right of marriage for two people of the same gender.

Regarding the matter of abortion, although it was legal in the rest of United Kingdom with the Abortion Act 1967, in Northern Ireland it was considered as an offence relating to Section 58 and 59 of the Offences Against the Person Act 1861. In fact, abortion was only legal in Northern Ireland if, according to guidelines issued by the Northern Ireland executive, there was “a risk of real and serious adverse effect on her [the mother’s] physical or mental health, which is either long term or permanent". With this decision, Westminster repealed the two sections in order to get an abortion in the case of risk to the woman’s health, serious or fatal foetal abnormalities, pregnancy resulting from sexual crime. In march, the government should present regulations for the provision of abortion services.

This decision takes place in the context of a political crisis in Northern Ireland. As a reminder, since the Good Friday Agreement signed on April 10th 1998, the Democratic Unionist Party (DUP) and the Sinn Féin party have had to govern together. However, since the departure of Martin McGuinness, deputy first minister of Northern Ireland and leader of Sinn Féin party, on January 9th 2019, because of a disagreement with the leader of the democratic unionist party, Arlene Foster, there has been a split of the power-sharing coalition parties. As a result, the devolved government of Northern Ireland collapsed leading the Northern Ireland Assembly to stop sitting. Because of this situation and as the United Kingdom is a unitary State, the Members of Parliament amended the Northern Ireland (Executive Formation etc) Act 2019 to extend the right to abortion and same-sex marriage if the Northern Ireland Assembly and executive at Stormont would not sit before October 21th 2019. As a result, the act came into force on October 22th 2019 at midnight. However, the DUP does not support the passing of this law and has tried to make a recall of the Northern Ireland Assembly, but it failed because no new speaker has been appointed to the devolved legislature of Northern Ireland.

The European Union has been a pioneer in the field of same-sex marriage. 30 years ago, in 1989, Denmark was the first country to allow civil partnerships and in 2001, Netherlands became the first country to allow same-sex marriage. Therefore, today, same-sex marriage is now allowed in 28 countries. Nevertheless, there is still a long way ahead, as same-sex marriage is still unlawful in 6 European countries, such as Slovakia. As for the abortion matter, Malta is now the only European country in which the abortion is strictly forbidden.

Catalonia, Scotland… : Between independence will and European integration

By Alexandre Capel

Le temps (Suisse)

Mired for three years now by Brexit, the European Union (EU), is seeking to close ranks in order to dissuade Member State for reproducing such a scenario. If the Union has managed to show a united front during negotiations with the United Kingdom, the EU is still facing the desire for independence of certain regions. Indeed, the elections of regionalist in Corsica, the consultation of the people in Veneto and Lombardy or the organization of self-determination referendums in Scotland and Catalonia testify, each on their own scale, the same will: take back certain legislative and executive powers from the central state. A new headache for Brussels, which puts back on the agenda the questions of whether one can be independent and European?

Overview of the different desire of independence within the EUCatalonia: Following a symbolic referendum in November 2014, separatist won the 2015 regional election. Catalonia’s independence, one of Spain’s wealthiest and most productive regions was decaled on October the 27 of 2017 following a controversial referendum outlawed by the center state. Using the article 155 emergency powers, Madrid dissolved parliament, sacked its leaders and called a snap election for the late December. Carles Puigdemont – then autonomous regions president – fled abroad with several other separatist leaders. In October 2019, Spain’s Supreme Court finally sentenced nine of the arrested Catalan leaders for betrayal. Demonstrator took to the streets and have repeatedly clashed with police in some of the worst street violence to hit Spain in decades.Scotland: The so-called “devolution laws” had given Scotland a parliament in 1998. A first form of independence from Westminster which doesn’t seem to fully reflect the Scottish independence wishes. Indeed, today regionalist parties, including the Scottish National Party (SNP), have over 48% of the seats in the same Parliament. This political situation has led to the organization of a self-determination referendum in 2014 during which the Scottish people voted “no” up to 55%. Nevertheless, the latest events including Brexit, seems to have put back the subject on the agenda. A new referendum is therefore expected in a country that has voted to stay within the EU but still remains engaged in the divorce process.

EU’s position on separatism The EU position on separatism is purely political in the sense that there is no legal provision in EU law for a specific procedure in case of secession within a member state. Treaties are therefore silent because there is no precedent. “Member state that have split during history – mainly as a result of fall of communism – have done so before joining the EU” believes Jean Quatremer, European affairs expert & journalist at the French newspaper Libération. The EU position was therefore developed during a European summit in October 2017 during when the 27 where gathered to support Spain’s central government in the context of the Catalan crisis. They gave a clear message to Barcelona but also more widely to all other independence movements: secessions from a member state will be consider as a secession from the EU as well and the newly created state will have to go through a complete membership procedure to get back within the union. On this point, the EU institutions recognize that the key for such a position is not in EU law but rather in international law. Indeed, this flexible law considers that if a region proclaims its independence – with or without the agreement of the central state – this one leaves automatically all treaties signed by the state.

Solid pace in the long journey—EU with climate issues

By Ruiling Zhang

Shutterstock/ELN

In 25th October, the European Union, Iceland and Norway agreed to extend their cooperation. Earlier before this agreement, at the UN Secretary General Climate Summit on 23th September, Commissioner Arias Cañete made a series of discussion with the EU’s international partners to raise global ambition and accelerate action. However, the weakened relations between the UK and EU as a result of Brexit could hinder co-operation on tackling the climate crisis.

Background. Europe is mainly located in temperate climate zones and influenced by widespread westerly winds. Also, its maritime boundaries include the Arctic Ocean to the north, the Atlantic Ocean to the west and the Mediterranean Sea, the Black Sea and the Caspian Sea to the south. According to its special natural condition, the European Union can be an important factor of global environment.The long-term aim for the European Commission is to cut its emissions substantially by 80-95% compared to 1990 levels as part of the efforts required by developed countries as a group before 2050. At the same time, turning the EU into a highly energy efficient and low-carbon economy will also boost the economy, create jobs and strengthen its competitiveness.

Comment. The EU has been at the forefront of global climate action, actively participating in negotiations to establish an inclusive international framework for coping with climate change, and adopting swift and decisive concerted actions based on its commitment to the Paris Agreement, such as the establishment of an energy alliance, implement forward-looking policies, etc. A lot of great contributions have been made but it is still facing with tough challenge.

The Federation of Veterinarians of Europe Setting a Legislative Course for the European Union Parliament

By Nomfundo Ndlwana

Through an open letter to the Members of the European Parliament (MEPs) on their pertinent mandate to sustain the EU progress in fighting against antimicrobial resistance (AMR), the Federation of Veterinarians of Europe (FVE) asserted its position, role and obligations towards the maintenance of sound regional public health policies. As an umbrella body for veterinary associations from forty European Countries representing veterinarians working in different fields of the profession, such as: veterinary practitioners, state officers food safety and veterinary public health; and veterinarians working in education, research and industry, FVE plays an indispensable role in safeguarding public (human) health. It majorly achieves results in this role through a two-fold approach. Firstly, by eliminating any animal products whose entry into the food chain determinatively yields catastrophic consequences such as AMR and others. Secondly, by ascertaining public vigilance against any other zoonotic diseases communicable between animals and humans through any potential routes into the human body. It is not surprising that the FVE is proactively placing itself as the initiator of legislative processes in this area. In recent years the World Health Organization (WHO) has openly directed its ire and blame for AMR towards veterinarians, partly impugning animal practitioners for this impending catastrophe.

In their open letter to the MEPs, FVE painstakingly explains that AMR is a major and complex public health threat that requires concerted efforts involving all stakeholders. To date, AMR is estimated to be responsible for 33,000 deaths per year in the EU alone and 700,000 deaths per year globally, including 230,000 deaths from multi-drug resistant tuberculosis. It has been calculated that the extra healthcare costs and productivity losses due to multi-drug resistant bacteria in the EU total €1.5 billion each year. Not only that, AMR is also a threat to animals, as it has a potential to cause health, production and welfare problems. Reassuringly, FVE was quick to point out that the EU has already recognized the importance of tackling AMR through a One Health approach, which supports joint working amongst the human, animal, environment and food sectors. Such annually evolving approach comprises the June 2017 European Commission’s One Health Action Plan against AMR; the September 2018 European Parliament’s own initiative report on a European One Health Action Plan against AMR; and the June 2019 Council of the EU’s Conclusions on the next steps towards making the EU a best practice region in combatting AMR. Discouragingly, and despite these efforts, high levels of resistance remain in patients across the EU.

The FVE expounded that this AMR menace is far felt in certain third world countries as the situation is evidently worse, notwithstanding initiatives undertaken by the WHO, the Food and Agriculture Organization, the World Animal Health Organization, and the G7 and G20. Hence the stance that it is vital for the EU to play its part in sustaining global momentum to halt the rise of AMR, as no region of the world can isolate itself from this health and socio-economic threat. Together with the stakeholders which include civil society, the FVE reiterated its belief in the need for a continued targeted EU action and coordination to address AMR, employing measures which reflect the priorities laid down in the Commission’s One Health Action Plan against AMR. They reminded the MEPs of the recent success eventuated by the adoption of new EU rules on veterinary medicinal products in 2018. The Action Plan contains concrete measures with EU added value, which span from promoting better infection prevention and control in hospitals, surveillance, and prudent use of antimicrobials, to improving awareness and understanding of AMR. Additionally, it calls also for policies aimed at ensuring availability and equitable access to established antimicrobials, and effective use of vaccines, as well as at supporting research and development of new antimicrobials, vaccines, rapid diagnostics and alternatives, for use in humans and animals.

The FVE cemented its assertions by reminding the MEPs that the European Parliament has an important role to play in safeguarding that the EU remains on the front line of the global battle against AMR. To make this happen, they called on MEPs to: firstly, bring AMR to the forefront of EU inter-institutional discussions, for example, during the hearings of the Commissioners-designate, and stress the importance of the One Health approach. Secondly, they recommended a solid support for the establishment of a dedicated holistic AMR parliamentary group in the form of an inter-group or an interest group, in partnership with civil society and stakeholders. The FVE and stakeholders convincingly went further to pledge their support to the EU Parliament in these endeavours and their commitment to working with the MEPs to sustain EU progress in fighting against AMR.