James K. Galbraith on 23 February 2015 in "Reading The Greek Deal Correctly":
"To understand the issues actually at stake between Greece and Europe, you have to dig a little into the infamous “Memorandum of Understanding” signed by the previous Greek governments. A first point: not everything in that paper is unreasonable. Much merely reflects EU laws and regulations. Provisions relating to tax administration, tax evasion, corruption, and modernization of public administration are, broadly, good policy and supported by SYRIZA. So it was not difficult for the new Greek government to state adherence to “seventy percent” of the memorandum. The remaining “thirty percent” fell mainly into three areas: fiscal targets, fire-sale privatizations and labor-law changes. The fiscal target of a 4.5 percent “primary surplus” was a dog as everyone would admit in private. The new government does not oppose privatizations per se; it opposes those that set up price-gouging private monopolies and it opposes fire sales that fail to bring in much money. Labor law reform is a more basic disagreement – but the position of the Greek government is in line with ILO standards, and that of the “programme” was not. These matters will now be discussed. The fiscal target is now history, and the Greeks agreed to refrain from “unilateral” measures only for the four-month period during which they will be seeking agreement." Background: Questions about the legality of the Troika ETUI News, 21 March 2014 http://www.etui.org/News/Questions-about-the-legality-of-the-Troika Since the outset of the financial and economic crisis, some EU Member States, under the pressure of the ‘Troika’ composed of the European Commission, the European Central Bank (ECB) and the International Monetary Fund (IMF), have been pursuing a strict retrenchment or austerity policy on the basis of Memoranda of Understanding (MoUs). These MoUs, negotiated by the Troika, contained detailed timetables for austerity measures and structural reforms, to which the countries had to adhere in order to receive the relevant credit tranches. The legal basis for this action by the European Commission and the ECB, as part of the Troika, is debatable. Indeed, is European law applicable to the financial crisis emergency? Are the European institutions in signing these MoUs bound by the fundamental (social) rights the European Union, according to its Treaties, adheres to and which fundamental and human rights, if any, are affected by the MoUs? These fundamental questions are at the heart of the legal opinion delivered by Prof. Fischer Lescano from the University of Bremen, on the request of the Labour Chamber Vienna, the Austrian Trade Union Federation (ÖGB), the ETUC and the ETUI. A sound legal investigation brings clarification of the respective responsibilities and accountability. It further demonstrates that EU institutions are fully bound by Union law and that within the framework of the Troika they are obliged to act in accordance with fundamental rights, which, under Article 51 of the Charter of Fundamental Rights of the European Union, apply at all times. This legal opinion reiterates the concerns expressed by the ILO Committee of Freedom of Association as well as the European Committee of Social Rights of the Council of Europe, who, having examined complaints on austerity measures taken in Greece within the framework of the international loan mechanism agreed upon with the Troika, both concluded upon the violation of a range of fundamental social rights as anchored in the ILO Conventions and in the Revised European Social Charter. full paper: http://www.etui.org/content/download/13817/113830/file/Legal+Opinion+Human+Rights+in+Times+of+Austerity+Policy+%28final%29.pdf also availble as: Fischer-Lescano, Andreas (2014): Human rights in times of austerity policy. The EU institutions and the conclusion of memoranda of understanding. Baden-Baden: Nomos. http://dx.doi.org/10.5771/9783845253534 Abstract: As members of the Troika, the European Commission and the European Central Bank are bound by EU primary law, which includes the Charter of Fundamental Rights. The Memoranda of Understanding concluded by the Troika therefore have to be in conformity with the European system of competences and human rights. The Memoranda of Understanding impact on fundamental rights, such as the human right to housing and social security, the human right to health and rights steaming from the European labor constitution. Specific examples are interference in medical care (higher charges on prescription drugs) and in the wage bargaining systems of individual states, thus eroding tariff autonomy. This raises fundamental questions of human rights conformity. Moreover, because the European Parliament is not involved, it is questionable whether the measures observe the principle of democracy and the EU’s system of competence. -- Summary of main conclusions of a Legal opinion commissioned by the Chamber of Labour, Vienna, in cooperation with the Austrian Trade Union Federation, the European Trade Union Confederation and the European Trade Union Institute: 1. The European bodies and institutions are bound to comply with EU law even in the financial crisis. There is no state of emergency that suspends EU law. In their own institutional interests, the EU institutions must take vital social issues affecting Union citizens seriously. 2. The Commission and the ECB have fundamental rights obligations under international human rights codifications and customary international law as well as the CFR. The essential obligations are derived in particular from the CFR, the ECHR, the UN Social Covenant, the RESC and the ESC. 3. Through their involvement in the signature of the MoUs, the ECB and the Commission are encroaching on many of the rights protected by those norms. Although MoUs cannot formally be regarded as international law within the meaning of Article 38(1) of the ICJ Statute, as sui generis legal acts they encroach on rights protected by those codifications. 4. Through their involvement in the negotiation, signature and implementation of the MoUs, the EU institutions are infringing primary law. They are acting unlawfully. Specifically, the following rights are being breached: rights to freedom to choose an occupation, freedom of collective bargaining and remuneration for work under Articles 27 to 32 CFR in conjunction with Articles 1 to 6 and 24 RESC, Articles 6 to 8 UN Social Covenant, Article 11 ECHR, Article 27 UN Disability Convention and the ILO core labour standards; the human right to housing and social security under Article 34 CFR in conjunction with Articles 12 und 13 RESC, Articles 9 und 11 of the UN Social Covenant and Articles 2, 3, 8 and 14 ECHR; the human right to health under Article 35 CFR in conjunction with Article 11 RESC, Article 12 of the UN Social Covenant, Articles 2, 3 und 8 ECHR and Article 25 of the UN Disability Convention; the human right to education under Article 14 CFR in conjunction with Articles 9 and 10 RESC, Article 2 Protocol 1 ECHR, Article 13 UN of the Social Covenant, Article 24 of the UN Disability Convention and Article 28 of the UN Convention on the Rights of the Child; the human right to property under Article 17 CFR in conjunction with Article 1 Protocol 1 to the ECHR and the right to good administration under Article 41 CFR in conjunction with Article 6 ECHR. The encroachments cannot be considered justified, for the following reasons: [...]" _______________________________________________ pen-l mailing list [email protected] https://lists.csuchico.edu/mailman/listinfo/pen-l
