Image

Showing posts with label Brexit. Show all posts
Showing posts with label Brexit. Show all posts

Tuesday, 10 May 2016

‘Filer à l’anglaise?’ 
Brexit seen from France.

Just as ‘taking French leave’ was once a familiar expression in England suggesting a tendency to be absent without legitimate reason, typical of Gallic unreliability, so ‘filer à l’anglaise’ is the corresponding French expression that draws on the old stereotype of the English as slippery. 

But as the temperature rises in the debate surrounding Britain’s role in Europe, it’s interesting to note how enduring and hard-wired some perceptions about our neighbours are, and from either side of the Channel. Even before David Cameron returned from Brussels with what he considered were enough concessions for his government to campaign to remain in the EU, questions were asked as to whether Britain could ever be relied on to subscribe wholeheartedly to the European project. 

When Charles de Gaulle repeatedly vetoed British applications to join the EEC, some of his critics saw this largely as a delayed response to the slights he had suffered at the hands of les Anglo-Saxons during the war. But could he have been right about the intrinsic reluctance of the British to have their hands tied except, of course, when this is done by the United States?

One of the most familiar commentators in France today, Chrisophe Barbier, as well-known for his trademark red scarf as for his sometimes trenchant views, has suggested in his editorials in the centre-right L’Express magazine that perhaps the EU should show Britain the door rather than wait for it to leave.
Barbier’s exasperation is not uncommon and stems from the view that Britain has led, first the EEC and then the EU, a merry dance with a ‘will they, won’t they’ routine that undermines the ethical and philosophical commitment its neighbours have to a united Europe.

Looking at the facts, it’s not difficult to understand the frustration expressed by Barbier and others. Barely two years after joining the EEC in 1973, having banged on the door for over a decade, the British government reopened the issue of membership by calling a referendum. Within ten years of this, Mrs Thatcher’s government was threatening to derail the European project financially by asking for Britain’s money back. Even after having approved the Single European Act of 1986 and the Maastricht Treaty of 1992, which paved the way for monetary union, such was the hostility to the European project that the government of John Major was largely undone by those he called the Eurosceptic ‘bastards’ on the benches of his majority in parliament. 

Even under a new generation of moderate centre-right politicians, many of whom have known nothing but Britain in Europe, whether it’s the refusal to shoulder part of the cost of bailing out Eurozone economies in difficulty, or share the burden of accommodating the wave of migrants looking for refuge in the EU, Britain has given a pretty convincing impression of being a slippery partner trying to evade its moral, if not its legal obligations.


Currently, while Europe is arguably facing the most serious threats to its future since the end of World War II, the British government has embarked on a referendum that is essentially an internal party political matter, aimed at bringing to an end a 30-year civil war in the Conservative Party, but which has drawn the attention of European leaders away from urgent matters that concern the entire EU. 

In spite of this, the reaction from mainstream politicians has been largely calm and measured. The recent rejection in a referendum, by more than 60% of the Dutch electorate, of the proposal to grant EU associate status to Ukraine has deepened the anxiety that a vote for Brexit could embolden the Eurosceptic sentiment that undoubtedly exists across other EU member states and lead to a kind of domino effect. 

So there has been more than a hint of irony in seeing a socialist administration in France effectively coming to the aid of David Cameron, by taking its cue from him regarding the negative consequences for Britain should the electorate vote for Brexit. During March and early April therefore, President François Hollande has made veiled references to the possible difficulties in accessing the single market, and also in retaining the pre-eminence of London as Europe’s leading financial market, should Britain quit the EU.  

The economics minister, Emmanuel Macron, has been less guarded and warned unequivocally that if the Britain leaves, potential migrants to Britain would no longer stop at Calais because the frontier would have moved to Dover. Speaking specifically as economic minister, Macron even invited bankers to move to Paris should London find itself outside of the EU. 

Some parts of the media have sensed, however, that the issue will be decided by sentiment rather than reason. So on 12April the daily Le Parisien highlighted a campaign started by Katrin Lock, a young German woman living in London, to persuade the British that they are loved, really, by their neighbours in the EU.  She and fellow expats are taking selfies of themselves kissing their British friends and posting them on line with the hashtags #hugabrit and #pleasedontgouk.  

Prof Gino Raymond,
Gino.Raymond@bristol.ac.uk

Tuesday, 26 April 2016

The EU, Brexit and nature conservation law

In the lead up to the sold out Brexit debate at the University of Bristol on Friday 29 April 2016, we are posting some blogs from our Cabot Institute members outlining their thoughts on Brexit and potential implications for environmental research, environmental law and the environment.  

The EU plays a fundamental role in shaping the environmental law regimes of its Member States and that of the UK is no exception. A significant proportion of current domestic environmental law derives from EU Regulations (that automatically become part of English law) and EU Directives (that are implemented through national legislation).

Nature conservation law, i.e. the legal regime used to protect environmentally significant habitats and species, is a case in point and the focus of this blog. Conserving nature is key not only from a purely biodiversity standpoint but also from an ‘ecosystem services’ perspective. Ecosystem services are the benefits nature brings to the environment and to people, including supporting services (e.g. nutrient cycling), provisioning services (e.g. food), regulating services (e.g. carbon capture) and cultural services (e.g. recreation)

Site designation and management is a favoured technique of nature conservation law. The well-known Natura 2000 network, would not be there if it were not for EU Directives, namely the Habitats (92/43/EEC) and Wild Birds Directives (2009/147/EC), implemented in the UK by the Conservation of Habitats and Species Regulations 2010. Under Article 3 of the Habitats Directive, Member States are indeed required to set up the Natura network composed of Special Areas of Conservation (sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II of the Habitats Directive) and Special Protection Areas (sites for the protection of rare and vulnerable birds as listed in Annex I of the Wild Birds Directive and for regularly occurring migratory species). 
Greenfinch by Mschulenburg - Own work, CC BY-SA 4.0
In the UK, there are a substantial number of European protected sites: 652 Special Areas of Conservations (including candidate Special Areas of Conservation[1] and Sites of Community Importance[2]) and 270 Special Protection Areas, covering a total of 10,8128,04 ha (JNCC statistics as of 28 January 2016).

Has the establishment of Natura 2000 made a difference to biodiversity protection? 


As part of its Smart Regulation Policy, the Commission has initiated a fitness check of the Habitats and Wild Birds Directives to evaluate their effectiveness, efficiency, coherence, relevance and added value. Though the final Commission report on the results of the fitness check will be available only later this year, the draft emerging findings prepared by a consortium of experts do suggest that the Habitats and Wild Birds Directives have substantially contributed to the conservation of nature and to meeting the EU’s biodiversity target.

It is fair to note that, prior to the EU Directives on nature conservation, the UK did have its own system for habitat protection, most notably based on the designation of Sites of Special Scientific Interest (SSSIs). Introduced in the post-war period by the National Parks and Access to the Countryside Act 1949, the law governing SSSIs has been strengthened over the decades by the Wildlife and Countryside Act 1981, amended by Schedule 9 of the Countryside and Rights of Way Act 2000. However, the management measures in place for SSSIs are not as stringent as those for the protection of Special Areas of Conservation and Special Protection Areas. 
Sites of Special Scientific Interest (SSSI) were introduced in the post-war period in the UK to help manage habitat protection.
It is also fair to note that in the marine environment, the UK has taken important steps domestically: the passing of the Marine and Coastal Access Act 2009 in England and Wales (and similar Acts in the devolved administrations) has brought in new domestic marine conservation zones that contribute to the establishment of an ecologically coherent network in UK waters. But the building of such a network is not so disentangled from EU law, considering Art 13(4) of the EU Marine Strategic Framework Directive (2008/56/EC) requires the formation of marine protected areas’ networks in the marine environments of Member States.

Clearly therefore, EU law has contributed much to the development of nature conservation in the UK. Moreover, being part of the EU means that the Commission can exercise its power to bring infringement proceedings against Member States for incomplete or ineffective implementation of EU law, thereby exercising an external check on implementation (for nature conservation, see Commission v UK, Case C-06/04 [2005]  ECR I-9017).

What would Brexit mean for the future of nature conservation law?


What is unknown however is what would Brexit mean for the future of nature conservation law in the UK because much depends on the type of post-Brexit EU-UK relationship and the agreement that will be negotiated. However, it could be argued that compared to other environmental sectors (such as waste and water) nature conservation may be more at risk.  

Indeed, even in the not-too-radical scenario in which the UK chooses to stay within the EEA, the future of nature conservation law will depend on whether there is political willingness to continue to abide by existing commitments, rather than legal obligations stemming from the EEA agreement. This is because, though the EEA agreement does contains many environmental provisions, nature conservation is excluded (Annex XX of the EEA agreement excludes the Habitats and Wild Birds Directive). Consequently, the future of nature conservation law is very uncertain in a post-Brexit world, even in the event of EEA membership.



[1] Candidate Special Areas of Conservation are sites that have been submitted to the European Commission, but not yet formally adopted.
[2] Sites of Community Importance are sites that have been adopted by the European Commission but not yet formally designated by the government of each country.
--------------------------------------------------
This blog has been written by Cabot Institute member Dr Margherita Pieraccini, a Lecturer in Law at the University of Bristol. 
Margherita Pieraccini

Monday, 4 April 2016

Ahead of the West decides debate on 29 April, Daniel Hannan argues the case for leaving the EU

Daniel Hannan, Conservative MEP, offers his assessment of why UK citizens should vote to leave the EU on the 23rd June. Contributions from the other speakers at The West Decides (29th April) will be posted as they are received. 


Daniel Hannan, MEP. Photo courtesy of Gage Skidmore

Undecided on whether to remain in the EU? Here are seven things to bear in mind. 

1. Our money, our priorities. Our annual tribute to Brussels now stands at £19 billion a year gross, 11 billion net. If we kept that money at home, we could give the entire country a two thirds cut in council tax. Or we could build and equip a state-of-the-art hospital every week. To put it another way, during the last Parliament, we saved £36 billion through the entire domestic cuts programme; yet, over the same period, we gave Brussels £85 billion. The EU, in other words, wiped out our austerity savings twice over. Even if we use the net figure, it’s still enough to have cancelled all the cuts and have had enough left over to take a penny off income tax. 

2. The EU is out of date. In the digital age, we are no longer defined by our geography. We have links to other English-speaking and common law nations around the world – nations that, unlike the EU, are growing economically. In 1980, the 28 EU states accounted for 30 per cent of the world’s economy; today, it’s 17 per cent and falling. The real growth is happening across the oceans, not least in Commonwealth countries to which we are linked by language and law, habit and history. 

3. Keeping Britain secure. Outside the EU, we can control our immigration policy. More passports are checked at Britain’s borders than at those of the other 27 EU states put together. The former Secretary General of Interpol, Ronald Noble, describes the Schengen Zone as ‘an international passport-free zone for terrorists to execute attacks on the Continent and make their escape’. 

4. Recovering our democracy. If the EU were just about international co-operation and trade, no one would have a problem with it. The trouble is that it regulates things that have no conceivable cross-border dimension: the power of our electrical appliances, the frequency of our bin collections, the way we open a bank account, the tax on sanitary products. Our laws should have precedence on our own territory, and we should be able to hire and fire the people who pass them.