So, Nick, how many laws come from Brussels?

In the first IN/OUT Europe debate between Nigel Farage and Nick Clegg on 26 March, the leader of the Liberal Democrats claimed that the percentage of UK laws coming from the EU was 7%, citing research by the House of Commons Library.

This created much debate at the time, particularly as Nigel Farage claimed that figure was actually 75%, quoting the long-standing UKIP supporter Viviane Reding.

We are no stranger to this debate having written a number of times about the futility of estimating the proportion of EU laws implemented in the UK, and the differing claims. However we were surprised to discover that Nick Clegg himself is no stranger to this debate. Here he is writing in 2003:

Probably half of all new legislation now enacted in the UK begins in Brussels. The European parliament has extensive powers to amend or strike down laws in almost every conceivable area of public life.

And in case that was an accidental slip of the keyboard, here he is again speaking in 2004:

Well over 50 per cent of all new laws in the UK now emanate from Brussels and are processed by Parliament and that MEPs are now arguably some of the most powerful legislators in Europe.

That people - usually depending on ideological disposition - give wildly conflicting estimates about the share of EU laws is old news. Radically conflicting estimates from the same person is something new, however.

Hungarian Commissioner says anti-immigration sentiment in Europe is a "non-issue" - days after a neo-fascist party gets 21% of the vote in Hungary

A bigger threat to the EU
than the UK's 'right to reside test'?

The Barroso Commission's term is rapidly coming to an end and Viviane Reding and Laszlo Andor are neck and neck in a pulsating contest for who will claim the wooden spoon - the award for worst Commissioner. Reding held the lead for a long time but Andor may have just caught up after his comments about immigration at an event yesterday on engaging the youth in EU politics.

According to EurActiv, when asked by an audience member about the rise of anti-immigration in EU member states, specifically towards Bulgarian and Romanian nationals, Andor replied that this was a “non-issue” raised mainly in the UK and Denmark, who were not founding members of the EU. He went on to say that:

“Discussions there are really annoying because they are discussing on non-issues like benefits tourism which is largely a myth.”

Leaving aside the extent of so-called benefits tourism - which we can debate - is a Commissioner from Hungary really saying that anti-immigration sentiment isn't a problem? A bit rich given that an outright fascist party - Jobbik - won almost 21% of the vote in last weekend's Hungarian parliamentary elections, a higher vote share for a similar party than in other EU country, and an increase from around 16% in 2010. Remember, this is a party that even Marine Le Pen from Front National has refused to cooperate with as she considers them to be too nasty.

There are plenty of unpleasant parties around Europe but aside from Greece's Golden Dawn, Jobbik really are in a league of their own. Despite running a more restrained and professional campaign, the party is at its core fundamentally anti-Semitic and anti-Roma, espousing a Hungarian nationalism that sees the inter-war dictatorship under Miklós Horthy when the country was aligned with Hitler and Mussolini as a source of pride. The party also has strong links with fascist paramilitary groups that have been involved with violent street clashes with Roma.

In 2012, the party's deputy parliamentary leader Márton Gyöngyösi infamously argued that

“I think now is the time to assess…how many people of Jewish origin there are here, and especially in the Hungarian parliament and the Hungarian government, who represent a certain national security risk for Hungary.”

The party's 2010 election manifesto meanwhile claimed that:

"The coexistence and cohesion of Magyar and Gypsy is one of the severest problems facing Hungarian society... a segment of the Gypsy community strive for neither integration, nor employment, nor education; and wish only that society maintain them through the unconditional provision of state benefits... certain specific criminological phenomena are predominantly and overwhelmingly associated with this minority, and that as a result such phenomena require the application of fitting and appropriate remedies."

Given their general outlook we imagine Jobbik wouldn't be too keen on large scale EU migrations into Hungary (other than of ethnic Hungarians from bordering countries which they have actively called for).

It is frankly ludicrous for Andor to single out the UK and other member states struggling to address the political and economic ramifications of unanticipated large scale immigration for criticism when a full blown fascist revival appears to be underway in his own backyard.

When Ukip's recruitment sergeant number one came to town...

Update 15:00 Nigel Farage himself speaks:

After hearing Commissioner Reding admitting 70% of our laws are made by the EU I am willing to sponsor her doing a UK tour
— Nigel Farage (@Nigel_Farage) February 11, 2014

Update 11:50 - We've come across a video (h/t @hughbs) in which Reding very much stands by the 70%-80% estimate.

Update 11:15 - The Telegraph's man in Brussels, Bruno Waterfield, has gotten in touch to say that he asked Reding specifically about the 70% figure:

@OpenEurope I asked her about the 70% figure, she said EP 'co-decides' on 70% of all EU legislation rather than what she said
— Bruno Waterfield (@BrunoBrussels) February 11, 2014

However, at a similar event in Stockholm last year, she argued that:

"Did you know that 80% of Swedish laws are not Swedish laws? They are European laws that have been translated into Swedish legislation."

We've already examined this claim here, but it seems Reding is at best confused about the extent of EU legislation (worrying for an EU Commissioner) or being purposefully misleading.

UKIP's most effective recruitment sergeant?

Original post:

Where to start with Viviane Reding? She visited London yesterday as part of her so-called 'Citizens’ Dialogue' – which is neither about citizens nor a dialogue – and gave a very impressive performance. Somehow, she managed to offend absolutely everyone.

• The British public by questioning whether they "know what they are going to vote about" in a potential 2017 EU referendum, 
• The British media by suggesting it “completely distorts the truth” over Europe, 
• The British government by rubbishing large parts of its strategy, most notably on the crime and policing opt out and EU free movement, 
• Europhiles by suggesting that “70% of the laws in this country are made, co-decided, by the European parliament" (meaning that the share of EU laws, according to Reding, must be higher since not all EU decisions are made jointly with national parliaments) – a “euro myth” that ivory-tower types in the UK have spent years trying to “dispel”, and ironically, used as Exhibit A in their accusations of “misinformed media” (“6.8% of primary legislation” and all that),
• The Ukrainian protesters by praising their brave, pro-EU stance, and then later saying she has, unlike the UK, "never pushed for further enlargement" instead favouring deeper integration. 

So in short, the British are too ignorant to vote, British media all misinformed and 70% of UK laws are made in Brussels. As one person put it on Twitter, it’s hard to think of better “rocket fuel for those who want to quit the EU”.

Apparently, Reding got her bag stolen from her car while engaging in the “dialogue”. Fortunately, her papers, hopefully including the source for the “70% of all laws” claim, were left untouched.

It's not just the UK that's losing patience with the Commission over access to welfare

Viviane Reding

In a few weeks time, the transitional restrictions on citizens from Bulgaria and Romania gaining full access to all EU member states' labour markets will expire. As we have covered in our press summaries and on our blog, it's not just in the UK where this has led to political upheaval.

Last week, European Commissioner Viviane Reding finally responded to concerns expressed by the UK, Germany, Austria, and the Netherlands back in April about benefit tourism in the EU. Although she was right when saying that “free movement is a right to free circulation; it is not a right to migrate in member states' social security systems”, her actual policy proposals aren't terribly convincing.

In order to crack down on the abuse, the Commission proposes:

- a handbook to help local authorities spot sham marriages as well as guidelines on habitual residency, which would determine the extent to which a person is entitled to draw benefits in a host EU country (in other words, more intervention into national policy)

- helping local authorities understand EU free movement rules

- topping up the European Social Fund

That throwing more money at the problem isn't going to improve things shouldn't need to be said, especially given the sorrow state of the EU budget. The UK, is according to EU officials, "very disappointed with the scale and ambition", while German Interior Minister Hans-Peter Friedrich reacted by saying, "To launch discussions or to develop brochures won't suffice".


Hans-Peter Friedrich

What Germany will do next most likely depends on how smoothly the "second accession" of Romania and Bulgaria in January goes, but in any case the German coalition deal doesn't leave any room for doubt that it is determined to do something about it if problems arise.

Friedrich has threatened to work with other governments “outside the structures of the EU” if the Commission doesn’t respond adequately to concerns about welfare tourism - another signal that Germany is ready to resort to intergovernmentalism as it has signalled it will do with the banking union, at least for now.

Dutch Interior Minister Lodewijk Asscher, who has been making many similar noises to the UK and Germany, thinks that more Romanians and Bulgarians will come to the Netherlands than has been predicted. He said, "The official predictions are low, but earlier predictions weren't correct either."

He added that he would have liked to extend restrictions for Romania and Bulgaria, but "if you have an agreement with other countries, you should stick to it". However, local authorities in the Dutch cities of Rotterdam and The Hague are reportedly ready to defy EU law by denying tax or social security numbers to Romanians or Bulgarians who fail to pass housing and employment checks.

Meanwhile, today, UK Work and Pensions Secretary Iain Duncan Smith has announced that new migrants will be asked to prove that their English language skills will be no barrier to them finding employment in Britain, under plans to strengthen the UK’s Habitual Residence/Right to Reside Test. The Dutch coalition agreement already states that "Individuals who cannot speak Dutch will not receive social assistance benefit. This principle will be applied consistently: to EU nationals, third-country nationals and Dutch nationals."

The European Commission's run-ins with the UK, over the 'right to reside test', and Germany, following which Friedrich accused Commissioner Reding of "ignorance", highlight the level animosity its approach has caused.

The EU Treaty doesn't need to be re-written to deal with this issue. We've made a few suggestions here that the Commission would do well to engage with it if it really cares about maintaining support for free movement in Europe.

9%, 43%, 50%, 60%, 84%: How many domestic laws are linked to EU law? The case of Sweden

It's up there with the origins of the universe as one of the great existential questions of our time (well...): how many national laws stem from Brussels?

European Commissioner Viviane Reding - who does what she can to turn people against the EU - recently told a "Debating Europe" event in Sweden (H/T @AllieRenison):

Did you know that 80% of Swedish laws are not Swedish laws? They are European laws that have been translated into Swedish legislation.

In addition to the comment being ridiculous (it was in reply to a question about the EU costing too much)  she seems to have plucked this number out of thin air. Incidentally, it would top Nigel Farage's much-criticised claim that 75% of all UK laws are made in Brussels. Another example of Better Off Outers and Europhiles agreeing.

As regular readers will know, the Open Europe team has gone to hell and back trying to answer this question, and our conclusion is that it's virtually impossible to determine with any degree of certainty what the share of EU-derived laws is. It all depends on what you count, how you define an EU-derived law and what the counter-factual is.

It most certainly is higher than 9% as some claim. Counting UK Statutory Instruments, which is what the study from which this number is drawn from did, isn't that meaningful as there's no 1-1 correlation between that and EU law. It also doesn't include EU Regulations which, unlike Directives, are directly applicable, giving no rise to separate domestic legislation.

The 84% figure that is often cited originates from an answer to a German parliamentary question, comparing the number of new federal laws and new EU laws in one year. However, this is also too simplistic. For example, counting only federal laws in a federal system isn't particularly meaningful. Germany has 16 Länder that churn out laws as well.

Now, a new Swedish study has thrown in another number to debate. The Riksdag and Departement - the Swedish Parliament's in-house magazine - has reviewed 1,300 Swedish legislative proposals, dating back to 2005. It found that the share of legislative proposals in 2012 originating in the EU stands at 43% - a dramatic increase compared to 2010 when the share was 28%. Of the 104 laws that so far have been proposed by the Riksdag this year, about a third originate in the EU.

This is a quick and dirty study in many ways - it measures only the so-called flow of EU legislation, not its stock. And the flow clearly is subject to a lot of variation. Its proposals and not laws passed. And, as with the German study, it doesn't look at local rules. Local government is important in the Swedish system, with Councils (or municipalities) having plenty of decision-making power. So any serious "EU law count" would have to look at this dimension as well.

But, we're not done yet. A 2010 report by the Swedish Association of Local Authorities and Regions - who should know a thing or two about local decision-making - does address this very question. It says this:

The report shows that, on average, the EU affects 60 percent of items on municipal council agendas. The number is slightly lower for county councils and regions, where the EU influences around 50 percent of agenda items. 

Given that these are local decisions, it does sound high to us, but remember the report doesn't count laws per se, but issues considered by the local government in Sweden (public procurement considerations for example will always be influenced by EU law, despite it not necessarily giving rise to new local rules).

A few conclusions:

• Viviane Reding really must be on the UKIP payroll 
• It remains incredibly difficult to nail down exactly how many laws originate in the EU
• The share of EU laws is best measured in terms of domestic legislation "influenced by" or "linked to" EU decisions, ideally in combination with the measurable impact of these laws (our preferred way) to get a sense of the relative impact
• Any EU law count must also look at the local or regional level.
• Still, a h*** of a lot of domestic laws stem from the EU 

US-EU free trade deal could be collateral damage of latest NSA allegations

So we wondered what the big story of the European Council would be. Now we have the answer: Merkel’s cell phone. Der Spiegel today alleged that Merkel's phone may have been targeted by US security services. Merkel called President Obama to make clear that she "unequivocally condemns such practices” and was told that the US is not monitoring and will not monitor her communications (which as German media commentators have identified leaves open the possibility that this could have taken place in the past). The US Ambassador in Berlin was also summoned for a dressing down which follows similar action taken in France over allegations the US also spied on French diplomats.

Because this issue has been hyped-up by the media, this has the potential to be more damaging to Anglo-Saxon-Continental relations than arguably any other episode since the Iraq war - and there are lots of things going on here.

Civil liberties vs. security: As ever, this encapsulates the very sensitive trade-off between the obligation of the state to ensure the security of its citizens and the right of the citizens not to have the state arbitrarily snooping in their business. The Germans – given the painful memory of Stasi and Nazi surveillance – are particularly sensitive to this (and that the German Chancellor herself is the alleged victim adds fuel to the fire). Forget everything else on the agenda of the EU summit today, this is what really is creating the headlines in Germany.

Data protection - EU vs national: Some EU leaders and politicians - including Justice Commissioner Vivianne Reding (for whom this issue is like ideological steroids) are keen to use the long planned overhaul of EU data protection rules to enforce greater EU-level safeguards, though the link to the tapping of Merkel's phone isn't entirely clear. France and Poland are reportedly keen on fast-tracking this issue through the EU legislative process while others including the UK and Scandinavian countries countries are less keen. Germany has not committed itself either way (although German Interior Minister Freidrich said the current version would have to be revised).

The UK vs France: However, the same Data Protection Directive that France wants to pass also featured in the recent UK business taskforce report as an example of EU rules which hurt innovation and growth, and argument echoed by Rohan Silva in today’s Times. Medical research charities have also warned that the new rules - specifically a series of amendments tabled by the Green MEP Jan Philip Albrecht - could starve them of the data they need to work on new treatments. So this issue might also indirectly pit the UK versus France.

Germany vs. the Anglo-Saxon world: This is a critical one - any souring of relations between the US and Germany is bad news, and the UK could well be implicated by association (remember Tempora). The thing to watch out for will be the impact on the EU-US free trade deal currently under negotiation (TTIP) as Germany could now well insist on various complicated privacy safeguards and guarantees which Obama will have hard time delivering (not least since getting a deal past Congress perceived as undermining national security could prove very tricky). If TTIP were to fail, it would embolden those claiming that the UK needs to leave the EU to maximise global trading opportunities,

This is also putting Cameron in a very awkward position as he doesn't want to offend either the Germans or the US - but he'll most certainly be pressed on taking a position.

Secondly, the European Parliament – which also needs to approve the final deal – may see an opportunity here to hijack TTIP to exert its own power. The EP has form on privacy and civil liberty issues, as seen by its attempt to take SWIFT hostage. In fact, SWIFT itself could be complicated by the accusations against the US (we’re not saying that the EP doesn't have any valid arguments in this area).

So this is an episode that most certainly will reverberate for quite some time.

Viviane Reding: The EU Commissioner for Mars

Yesterday, Viviane Reding, the EU Commissioner for Justice and vice-President of the Commission, gave a speech saying she wanted to increase the EU's powers to intervene in member states where there is a "rule of law" crisis. Citing the "Roma crisis in France in summer 2010; the Hungarian crisis that started at the end of 2011; and the Romanian rule of law crisis in the summer of 2012", she said she wants to establish a "far-reaching rule of law mechanism, which would include more detailed monitoring and sanctioning powers for the Commission".

Reding also chose to cite in her speech the arrest of David Miranda at Heathrow airport by UK authorities using anti-terrorism legislation.

Reding's big idea is a treaty change to extend the reach of the EU's Charter of Fundamental Rights into member states' domestic legal systems and therefore the power of the Commission to intervene. She called for:

"A very ambitious Treaty amendment – which I would personally favour for the next round of Treaty change – would be abolishing Article 51 of our Charter of Fundamental Rights, so as to make all fundamental rights directly applicable in the Member States, including the right to effective judicial review (Article 47 of the Charter). I have raised this idea already in a speech at the FIDE Congress in Tallinn in May 2012. This would open up the possibility for the Commission to bring infringement actions for violations of fundamental rights by Member States even if they are not acting in the implementation of EU law. I admit that this would be a very big federalising step. It took the United States more than 100 years until the first ten amendments started to be applied to the states by the Supreme Court."

Currently, the Charter can only be used to interpret how EU law is implemented in member states - the UK's 'opt-out'/clarification on the Charter was meant to reinforce this point in the Lisbon Treaty negotiations (that clarification hasn't really worked).

Viviane Reding has long been one of the most far-out there EU federalists but this is a fundamental and outright challenge to national governments' authority. This would be a good time for member states to remind Reding, Barroso et al what their mandate is. If member states are ever to rest back control of the EU, this sort of thing should almost become a sackable offence.

As someone put it to us in Brussels recently: every time Reding opens her mouth, Nigel Farage gains another thousand votes.

Hungarian government accuses EU Commissioner of being "extremely ignorant or lying"

EU Justice Commissioner Viviane Reding has been mentioned as the potential nominee of the European People's Party for the post of Commission President when Jose Manuel Barroso steps down next year (of course, gaining the approval of EU leaders is another matter).

One national capital that won't be queueing up to endorse her is Budapest, following Reding's escalating row with the Hungarian government over the country's changes to its judicial system, which it has been claimed allow for too much political interference.

A bitter sub-plot in this argument has been the fate of Francis Tobin - an Irish national found responsible for a fatal road accident in Hungary in 2000 - whose extradition the Irish Courts have refused to sanction despite the issuing of a European Arrest Warrant. Reding seemingly backed the Irish position, claiming she was "not surprised" by the decision.

The latest chapter in this row has been sparked by comments Reding made during a visit to Bulgaria yesterday. We haven't been able to find the original source, but it appears she suggested the Hungarian Supreme Court had been dissolved. The Hungarian government's reaction did not pull any punches:

"These actions and lies of Viviane Reding cause great harm to the public image and reputation of the European Commission. Viviane Reding is either extremely ignorant, or she is lying out of political interests."  

"We call on her to make the data on which she has based her attack public, or failing that, to make an immediate apology."

Ouch!

I-spy: EU-US trade talks under threat?

To what extent have the latest leaks harmed the EU-US trade talks?

Fugitive whistleblower Edward Snowden’s leaks just keep giving.

First there was Prism, then Tempora. And now, as reported by online by German magazine Der Spiegel over the weekend:  the US has allegedly been spying on EU missions and institutions on both sides of the Atlantic.

Here's a round-up the European response at the national and EU levels:

National

The leaks have caused the most outrage in Germany, which was allegedly monitored more than other countries, leading the Federal government to respond on Monday.

"If it is confirmed that diplomatic representations of the European Union and individual European countries have been spied upon, we will clearly say that bugging friends is unacceptable...We are no longer in the Cold War", said a government spokesman in Berlin. He added that Chancellor Merkel will soon be speaking to President Obama about the matter.

Other German politicians that had been clamouring for a US explanation include German President Joachim Gauck (who quoted Benjamin Franklin: "Those who give up liberty to gain security will lose both'"), Vice-Chancellor Philipp Roesler and Justice Minister Sabine Leutheusser-Schnarrenberger. The SPD, the Greens and Die Linke had also been agitating for Chancellor Merkel to intervene.

France isn't happy either, with French President François Hollande calling for an "immediate" end to the alleged spying if the EU-US trade negotiations are to continue. "We cannot accept this kind of behaviour between partners and allies...There can be no negotiations or transactions in any areas until we have obtained these guarantees, for France but also for all of the European Union, for all partners of the United States."

French Foreign Minister Laurent Fabius added the reports were "completely unacceptable," if corroborated, while his colleague, Christiane Taubira, the Justice Minister,  called US actions “an act of unqualified hostility.”

Italy’s Defence Minister Mario Mauro weighed in this morning, saying that US-Italian relations would be “compromised," if the reports are true. "If we are allies, if we are friends, [then] it’s not acceptable that someone in this relationship behaves like the Soviet Union used to behave towards its satellite states,” he added.

EU

EU officials, political groups and MEPs are miffed too.

Catherine Ashton, The EU's foreign policy chief said the EU is seeking  “urgent clarification." Meanwhile Martin Schulz, President of the European Parliament, said he was “deeply worried” by the reports, and warned of a “severe impact” on EU-US relations if they are true (remember, the EP's role in EU trade talks was enhanced under the Lisbon Treaty).

Schulz told French radio station France 2 that the US had crossed a line,"I was always sure that dictatorships, some authoritarian systems, tried to listen ... but that measures like that are now practiced by an ally, by a friend, that is shocking, in the case that it is true."

This was echoed by Viviane Reding,  the EU justice commissioner: “Partners do not spy on each other,” she said. “We cannot negotiate over a big transatlantic market if there is the slightest doubt that our partners are carrying out spying activities on the offices of our negotiators."

“How should we still negotiate [a free trade agreement with the US] if we must fear that our negotiating position is being listened to beforehand?” said Elmar Brok, the chairman of the European Parliament’s Foreign Affairs Committee.

In an interview, Czech MEP Libor Roucek, the deputy chairman of the S&D group for Foreign Affairs and Transatlantic Relations, said he "can't exclude the option that [he's] being monitored by the US secret services."
 
Some went further, calling for a suspension of the US-EU trade talks altogether. This included the European Parliament's Green Group, and MEPs like the Dutch social democrat Thijs Berman: "[The] US spies on EU diplomats. That's not how we can negotiate a free trade deal. Suspending is logical step," he tweeted on Sunday.

Press
 
The revelations have caused an uproar in the European press (Le Parisien’s ‘hammy’ front page of Obama ‘listening in' captures the general drift), and most of all in Germany. 

Spiegel Online published a commentary today that not only criticised America, but also the lack of action by the government.“The federal government has failed to protect Germans from America’s spy-attacks. This is unacceptable to citizens," it says, calling for an “independent education”  for the US from the German Constitutional Court and a European Committee.

Meanwhile, Austrian Daily Der Standard published a commentary that diverged from the general thrust of European media feeling. Spying is to be expected says the piece: "It would be surprising indeed if the opposite were the case. Being spied on by an ally is about as normal as the systematic surveillance of political opponents."
  
Perhaps Der Standard is right that much of this skulduggery does go on, even amongst allies. But, still, although this is unlikely to deal a fatal blow to EU-US trade talks, the political consequences could well be that certain European countries dig their heels in a little firmer in the negotiations.

On a more general note, for individuals concerned about their privacy and civil liberties, this type of issue only heightens fears that the increasing amount of personal data shared among EU governments isn’t safe and that the protections are inadequate.

In recent years the EU has been developing more and more data sharing databases, and it is not always clear to the general public what happens to their data – this will only fuel ‘big brother’-type fears that is open to misuse, abuse or simply could be accessed by anyone.