Archive for the ‘European Union’ Category

EU warns US over ‘America first’ Russia sanctions bill – CNN

EU President Jean-Claude Juncker said the bloc would act "within days" if it does not receive reassurances on the potential impact of new sanctions on European interests.

The bill, drawn up largely in response to Moscow's alleged meddling in the 2016 US election, calls for new measures against Russia, North Korea and Iran. It also limits any effort by the White House to weaken such penalties.

The EU has previously coordinated with the US over sanctions in response to Russia's annexation of Crimea from Ukraine. But it fears the latest measures could hit companies that are involved in the financing of a controversial new pipeline, Nord Stream 2, that would carry natural gas from Russia to Germany.

Juncker said the bill could have "unintended unilateral effects" on the EU's energy security. "This is why the Commission concluded today that if our concerns are not taken into account sufficiently, we stand ready to act appropriately within a matter of days," Juncker said. "America first cannot mean that Europe's interests come last."

Germany, which strongly backs the new pipeline, said it was concerned over the sanctions. It would be "unacceptable for the United States to use possible sanctions as an instrument to serve the interests of US industry policies," Foreign Ministry spokesman Martin Schfer said Wednesday.

France called the US bill "unlawful" due to its "extraterritorial reach," saying it could impact Europeans if enacted. "We have challenged similar texts in the past," the Foreign Ministry said in a statement. "To protect ourselves against the extraterritorial effects of US legislation, we will have to work on adjusting our French and European laws."

If the bill clears a vote in the US Senate, it then heads to the desk of US President Donald Trump. It is not clear if that will happen before Congress breaks for summer recess at the end of the month.

Trump has not indicated whether he will sign the bill, which also gives Congress a way to block any easing of new sanctions against Russia, North Korea and Iran, as well as older ones against Russia.

Trump's presidency has been dogged by questions his campaign's ties with Russia and his pre-election promises to improve relations with Moscow. The Trump administration and the Russian government have consistently denied collusion.

Russian Deputy Foreign Minister Sergey Ryabkov warned that "the authors and sponsors of this legislation are taking a serious step towards the destruction of prospects for normalizing relations with Russia," according to state news agency Tass.

Ryabkov said the plan "does not fit the framework of common sense" but insisted Russia was "not succumbing to emotions" in its response.

"We will work to find ways to move forward, persistently, consistently looking for ways of searching for compromise on issues, which are significant for Russia and, I think, for the US," he said.

The Kremlin said the proposed sanctions bill was "sad news in terms of Russia-US relations" and for the "prospects of their development."

"This is no less disappointing from the point of view of international law and international trade relations," Kremlin spokesman Dmitry Peskov said. But he added that Moscow would wait to form a full opinion until the draft becomes law.

Iran's President Hassan Rouhani said his country would respond to the US new sanctions, according to Iranian state broadcaster IRIB.

"The US is continuing hostility towards Iran and Iran will definitely respond to US sanctions," Rouhani reportedly said during a cabinet meeting Wednesday. He did not say how Tehran would respond.

The European Union expressed frustration that it had not been consulted over the new proposals. "New sanctions should always be coordinated between allies," EU President Jean-Claude Juncker said in a statement.

The latest set of sanctions against Russia are intended to penalize its alleged election meddling, as well as its human rights violations, annexation of Crimea and military operations in eastern Ukraine.

"While the President supports tough sanctions on North Korea, Iran and Russia, the White House is reviewing the House legislation and awaits a final legislative package for the President's desk," White House spokeswoman Sarah Huckabee Sanders said Tuesday.

However, aides and members of Congress from both parties say that if Trump does decide to veto it, there will be sufficient votes to override the veto and enact the bill into law.

Russian President Vladimir Putin has repeatedly ridiculed the sanctions and called on countries, particularly the United States, to drop them.

Moscow rejects claims it interfered in the US election process, insists its annexation of Crimea was legal and denies direct involvement in the conflict in eastern Ukraine.

CNN's Yon Pomrenze reported from Moscow and Laura Smith-Spark wrote from London. CNN's Clare Sebastian, Mary Ilyushina, Amir Daftari and Saskya Vandoorne contributed to this report.

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EU warns US over 'America first' Russia sanctions bill - CNN

European Commission acts to preserve the rule of law in Poland – EU News

The Commission substantiates its grave concerns on the planned reform of the judiciary in Poland in a Rule of Law Recommendation addressed to the Polish authorities. In the Commission's assessment, this reform amplifies the systemic threat to the rule of law in Poland already identified in the rule of law procedure started by the Commission in January 2016. The Commission requests the Polish authorities to address these problems within one month. The Commission asks the Polish authorities notably not to take any measure to dismiss or force the retirement of Supreme Court judges. If such a measure is taken, the Commission stands ready to immediately trigger the Article 7(1) procedure[1] a formal warning by the EU that can be issued by four fifths of the Member States in the Council of Ministers.

The Commission also decides to launch an infringement proceeding against Poland for breaches of EU law. The College will immediately send a Letter of Formal Notice once the Law on the Ordinary Courts Organisation is published.

At the same time, the Commission recalls its offer to pursue a constructive dialogue with the Polish Government.

President Jean-Claude Juncker said: "The Commission is determined to defend the rule of law in all our Member States as a fundamental principle on which our European Union is built. An independent judiciary is an essential precondition for membership in our Union. The EU can therefore not accept a system which allows dismissing judges at will. Independent courts are the basis of mutual trust between our Member States and our judicial systems. If the Polish government goes ahead with undermining the independence of the judiciary and the rule of law in Poland, we will have no other choice than to trigger Article 7."

First Vice-President Frans Timmermans said: "Our Recommendations to the Polish authorities are clear. It is time to restore the independence of the Constitutional Tribunal and to either withdraw the laws reforming the judiciary or bring them in line with the Polish Constitution and with European standards on judicial independence. Polish courts like the courts of all Member States are called upon to provide an effective remedy in case of violations of EU law, in which case they act as the "judges of the Union" and must comply with the requirements of the independence of the judiciary in line with the Treaty and the Charter of Fundamental Rights. We want to resolve these issues together in a constructive way. The Commission's hand remains extended to the Polish authorities for dialogue, and we welcome any steps to amend these laws in line with our Recommendations."

1. Rule of Law Recommendation

The Rule of Law Recommendation adopted today complements two previous Recommendations, adopted on 27 July and 21 December 2016, and concerns the lack of an independent and legitimate Constitutional review in Poland. As it stands, the Polish authorities have still not addressed the concerns identified in the first two Recommendations. Moreover the Polish authorities have now taken additional steps which aggravate concerns about judicial independence and significantly increase the systemic threat to the rule of law in Poland.

The Commission's Rule of Law Recommendation sent today to Poland covers four new legislative acts now adopted by thePolish Parliament which in the Commission's assessment will increase the systemic threat to the rule of law: the Law on the Supreme Court, the Law on the National Council for the Judiciary (both 'vetoed' on 24 July by the President of the Republic), the Law on the Ordinary Courts Organisation (signed by the President of the Republic on 25 July and awaiting publication and entry into force); and the Law on the National School of Judiciary (published and in force since 13 July). These Laws, in their current form, will structurally undermine the independence of the judiciary in Poland and have an immediate and very significant negative impact on the independent functioning of the judiciary.

In particular, the dismissal of Supreme Court judges will seriously aggravate the systemic threat to the rule of law. The Commission therefore asks the Polish authorities not to take any measure to dismiss or force the retirement of the Supreme Court judges. Should the Polish authorities take such measures, the Commission is ready to immediately activate the mechanism set out in Article 7(1) of the Treaty on European Union.

On the basis of its Rule of Law Recommendation, the Commission invites the Polish government to address the concerns outlined within one month and to inform the Commission of the steps taken.

2. Infringement procedure on the basis of EU law

The College of Commissioners also took a decision to prepare an infringement procedure for the possible breach of EU law. The College is ready to send a Letter of Formal Notice concerning the Law on the Ordinary Courts as soon as it is officially published. The Commission's key legal concern identified in this law relates to the discrimination on the basis of gender due to the introduction of a different retirement age for female judges (60 years) and male judges (65 years). This is contrary to Article 157 Treaty on the Functioning of the European Union (TFEU) and Directive 2006/54 on gender equality in employment. In the Letter of Formal Notice, the Commission will also raise concerns that by giving the Minister of Justice the discretionary power to prolong the mandate of judges which have reached retirement age, as well as to dismiss and appoint Court Presidents, the independence of Polish courts will be undermined (see Article 19(1) of the Treaty on European Union (TEU) in combination with Article 47 of the EU Charter of Fundamental Rights).

Next steps

The Commission's Recommendation invites the Polish Government to address the problems within one month, and to inform the Commission of the steps taken to that effect. The Commission stands ready to pursue a constructive dialogue with the Polish Government. With regards to the infringement procedure, the Commission will send the Letter of Formal Notice once the Law on the Ordinary Courts is published.

Background

The rule of law is one of the common values upon which the European Union is founded. It is enshrined in Article 2 of the Treaty on European Union. The European Commission, together with the European Parliament and the Council, is responsible under the Treaties for guaranteeing the respect of the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected. Events in Poland led the European Commission to open a dialogue with the Polish Government in January 2016 under the Rule of Law Framework. The Framework introduced by the Commission on 11 March 2014 has three stages (see graphic in Annex 1). The entire process is based on a continuous dialogue between the Commission and the Member State concerned. The Commission keeps the European Parliament and Council regularly and closely informed.

The European Parliament has consistently supported the Commission's concerns, including in the two Resolutions of 13 April and 14 September, 2016. On 16 May 2017, the Commission informed the General Affairs Council of the situation in Poland. A very broad majority of Member States supported the Commission's role and efforts to address this issue, and called upon the Polish Government to resume the dialogue with the Commission.

A wide range of other actors at the European and international levels have expressed their deep concern about the reform of the Polish justice system: representatives of the judiciary across Europe, including the Network of Presidents of the Supreme Judicial Courts of the European Union and the European Network of Councils for the Judiciary, the Venice Commission, the Commissioner for Human Rights of the Council of Europe, the United Nations Human Rights Committee as well as numerous civil society organisations such as Amnesty International and the Human Rights and Democracy Network.

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[1]Article 7.1 of the Treaty on European Union provides for the Council, acting by a majority of four fifths of its members, to determine that there is a clear risk of a serious breach by a Member State of the common values referred to in Article 2 of the Treaty (see Annex II). The Commission can trigger this process by a reasoned proposal.

Annex I Rule of Law Framework

Annex II Article 7 Treaty on European Union

1.On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure.

The Council shall regularly verify that the grounds on which such a determination was made continue to apply.

2.The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations.

3.Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons.

The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State.

4.The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed.

5.The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.

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European Commission acts to preserve the rule of law in Poland - EU News

Top European Union court moves to restore Hamas’ terror listing – Los Angeles Times

The European Union's top court ruled Wednesday that Islamic militant group Hamas should stay on the EU terrorist list, saying a lower court should not have ordered the group removed from the list and sending the case back to the lower court for reconsideration.

The EU originally listed Hamas as a terrorist group in 2001, a move that froze assets of the organization in the European Union. In 2014, the decision was annulled on procedural grounds by an EU court.

The EU appealed, and Wednesday's ruling by the European Union Court of Justice said that the annulment was wrong and must now be reconsidered taking into account arguments not ruled upon in the original decision. However, it added that Hamas funds will continue to be frozen pending the outcome of the reconsideration.

Neither Hamas nor Israel had an immediate reaction.

In May, Hamas issued a new policy document in a bid to rebrand itself with softer positions. In the new document, Hamas said it accepts a Palestinian state alongside Israel, a departure from the founding charter which envisioned that state in place of a defeated Israel.

At the same time, Hamas also upheld its right of armed resistance against the Israeli occupation, noting that its fight is against occupation, not Jews.

The European Jewish Congress welcomed the ruling.

The group's president, Moshe Kantor, said it "sends a clear message that those who oppose peace in the Middle East by acts of murder and terror have no place within the European Union."

In another terrorist listing case Wednesday, the court upheld a decision ordering the removal of the Sri Lankan rebel group Tamil Tigers from the terror list. The organization, formally known as the Liberation Tigers of Tamil Eelam, was put on the list in 2006, but the group was defeated by Sri Lankan forces in 2009.

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Top European Union court moves to restore Hamas' terror listing - Los Angeles Times

Trump: European Union ‘is very protectionist with the U.S.’ | TheHill – The Hill

President Trump on Tuesday accused the European Union of "protectionist" policies and ordered the political and economic bloc to stop shielding itself from U.S. competition.

"Working on major Trade Deal with the United Kingdom. Could be very big & exciting. JOBS! The E.U. is very protectionist with the U.S. STOP!" Trump wrote on Twitter.

Working on major Trade Deal with the United Kingdom. Could be very big & exciting. JOBS! The E.U. is very protectionist with the U.S. STOP!

As a presidential candidate, Trump campaigned on leaving or renegotiating existing free-trade deals, which he has dubbed unfair to the U.S.

In his first days in office, Trump also signed an executive order effectively shutting down the country's efforts to join the Trans-Pacific Partnership a sweeping trade deal with Pacific nations negotiated under former President Obama.

Trump and British Prime Minister Theresa May, however, reaffirmed plans to complete a bilateral trade deal between their two countriesduring aGroup of Seven summit in May.

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Trump: European Union 'is very protectionist with the U.S.' | TheHill - The Hill

European Union Vows More Help for Italy in Migrant Crisis – Voice of America

The European Commission has pledged another $116 million to Italy to help its government manage the Mediterranean migration crisis.

Jean-Claude Juncker, president of the European Commission, said in a letter to Italian Prime Minister Paolo Gentiloni on Tuesday that he was setting up a special contact team in Brussels to coordinate with Italian authorities. The additional financial assistance the commission pledged to Italy raises by 12.5 percent the funds already allocated to Rome, to a total of over $1 billion.

Through the first half of 2017, nearly 84,000 migrants arrived in Italy by sea, 20 percent more than during the same period last year. Detention centers and temporary shelters that Italy has for migrants have reached their maximum capacity of 200,000 people, but there are many other migrants in the country working illegally.

Migrants from Nigeria, Bangladesh and Guinea account for most of those fleeing to Italy on the way to Europe.

Junker also promised to pressure Bangladesh to take back its migrants, since the vast majority of them are ineligible for international protection. He threatened to limit visas to Europe for travelers from the south Asian nation if there was no action by Dhaka.

Meanwhile, rescuers in the Mediterranean who came to the aid of a dinghy packed with migrants Tuesday discovered 13 bodies among them, including pregnant women.

"Thirteen corpses in total. People who had names, surnames, mothers, fathers, friends, and lives," Proactiva Open Arms, a Spanish NGO involved in rescues, posted on Twitter. Another 167 people were rescued alive.

A ship operated by the Save The Children group rescued some 70 migrants Tuesday who were also attempting to cross the sea in a small boat.

In other migrant news from around the world:

- The United Nations Children's Fund reported that most children fleeing Africa have no intention of going to Europe. A new study found that 75 percent of children on the move decide to leave unaccompanied. Initially they have no intention of coming to Europe, UNICEF said, but plan to find work in nearby countries.

Yet hundreds of refugee and migrant children told UNICEF in Italy that being kidnapped, arrested and held in prison in Libya, as well as witnessing violence toward other migrants, compelled them to make the risky sea crossing to Europe. At least 12,200 children arrived in Italy in the first half of the year, the U.N. agency reported, all but a few having traveled alone.

- The Dominican Republic granted a one-year extension Tuesday to 230,000 Haitian migrants trying to renew or obtain residency permits. The residency plan was created after a court ruled in 2013 that children born in the Dominican Republic to non-citizens did not qualify for automatic citizenship because their migrant parents were "in transit.''

The vast majority of those affected have been descendants of Haitian migrants. Without the extension announced on Tuesday, they could have faced deportation.

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European Union Vows More Help for Italy in Migrant Crisis - Voice of America