Thursday, July 27, 2017

How to justify an EU infringement procedure when there are few legal or factual grounds: a dummies guide (otherwise known as the Timmermans doctrine)

1. Pick a Member State which has a right of centre, democratically elected majority that is expressing legitimate popular concerns over societal issues and/or intends to redraw the balance in its domestic economic policy to the potential disadvantage of German and/or French business interests.

2. Tag said Government as "nationalist", "conservative" or better yet "national-conservative". After a discrete interval, introduce superlative terms such as "ultra-conservative" and/or compare them to Turkey, Russia or China. Note: there is no need to provide factual arguments for such comparison. Do not compare them to North Korea as even the most naive observer might see through that thin a disguise.

 
3. Pick one or, better, two regulatory changes that said Government is planning to pass or has passed. Ensure they are complex so that hardly anyone will have read them or know what they mean or entail.

4. Make strong statements about how they could jeopardize "the rule of law", "democracy" or "freedom". Better yet, say that they go against "European values". In short, use bombastic but hollow terms.

5. When talking about the regulatory changes in question, allude to the fact that there are "other issues" of concern, even if there are none. Create the notion that there are many, thus implying that the whole structure of the State is under threat. Make sure you remain very vague, thus instilling uncertainty.

6. Hold successive press conferences. Look serious and concerned. Frown your eyebrows. Make copious use of the terms under 4. When getting factual questions, do not answer. Should a shrewd journalist insist on comparing the changes you are concerned about with similar legal provisions already in force in Member States with a centre-left Government/old Member States/Germany/France/your own Member State, make sure you say that "this cannot be compared".

7. Make numerous trips to visit the Government in question, to create the impression that you want to fix the problem. Despite any factual explanations of said Government, do not change your position. Meet with numerous "opposition" forces. Anything goes - political parties, NGOs, anyone who wants to be seen shaking hands with you on camera. Ahead of your visit, agree that you will both look concerned, frown, and when speaking publicly, use the terms "rule of law", "democracy" and of course "European values". Make it clear that the nation in question can still be saved, in spite of its current Government, if only the opposition were in power, obediently respecting the "European values". This will help tremendously to instill in the local population serious fear of their own democratically elected Government.

8. Apply the "frustrated parent" technique. Say that if said Government will not obey, they won't get any more money or they will not be able to vote any more in Brussels (the political equivalent of having to eat their dinner in their room). Instill the fear that they cannot live without the money, regardless of whether it is the case or not.

9. Even if it becomes clear you cannot make hard your threats, do not give up, especially if those blocking your plans can also easily and credibly be compared with Turkey, Russia or China (not North Korea).

10. When all fails, go back to step 1.

Photo credits: Politico.eu, Getty Images


Brussels to Warsaw: Get ready for ultimate sanction if top judges fired EU raises stakes in battle over rule of law.

http://www.politico.eu/article/article-7-judiciary-european-commission-to-put-poland-on-path-to-ultimate-eu-sanction-if-top-judges-sacked/?utm_source=POLITICO.EU&utm_campaign=66ef7b9b9a-EMAIL_CAMPAIGN_2017_07_27&utm_medium=email&utm_term=0_10959edeb5-66ef7b9b9a-190000001