Time to Review the Council?

19 Sep 2015

Europe's border fence with Turkey in Bulgaria Regarding the flow of people from Asia and Africa into Europe it has often been asked what is Europe doing about this? Well the answer is not a lot. But then we do not know much about what goes on in the place that the decisions are made. First of all, the European government does not have the legal powers to control the flow of people across its borders.  It has control over goods and services but not people.  In other words, the European government may determine what and how goods and services may enter Europe but it has no control over how or where people may arrive.  The arrival of people is controlled by the individual states and once people have arrived in one state they are free to move throughout Europe (except Britain and Ireland which are semi-detached from Europe in this context).  It is as if Dorset lets in people from anywhere in the world who could then freely move to into any other county in England.  This means that if one member state is unwilling or unable to control its borders then those wishing to enter Europe will aim to enter via such a state.  For example, both Bulgaria and Greece have a border with Turkey but Bulgaria’s land border was made almost impenetrable in 2014 consequently people are flowing through to Greece at great risk to themselves. Whatever ones view as to the categories of people who may travel across a border it seems to me that a free travel area must have a common external border such that entering in any part of the common area is equal in ease or difficulty to any other part of the common area.  Clearly this is not happening in Europe. Despite all the news regarding the current migration of people little light, if any, has been shone on the European Union decision making.  It is no surprise really because many of these decisions are made behind closed doors. No European policy may become law without it being passed by the European Union Council – the upper house or senate of the European legislature.  Yet unlike the American senate the general public is not allowed to listen or watch all of the proceedings.  The European Union Council has 28 members - one for each member state.  They are not directly elected but appointed by each member state (in a similar fashion to the American senate in its early days). The party affiliation of the council is: 10 - People’s Party 8 - Socialist Party 7 – Liberal Party 1 - Conservative Party 2 – Independents. Britain’s Conservative Party is the smallest party in the European Union Council.  Decisions are made, as far as possible by consensus.  Indeed decisions in foreign affairs; the function under which migration is taken, must be made by consensus. This means that to reach a decision to deal with the migration policy requires the agreement of all the ministers even that of the socialist member from Malta (the state with the least people) representing less than a tenth of a percent (0.08%) of the European population. Put it another way if 1,250 people were to attempt to take a decision and any one of those 1,250 people had a veto over that decision then it is unlikely that any meaningful decision could be made. It is amazing that the European Union functions at all.  Think that it is time to review the way the council works – ready for the next treaty change. In the meantime it would be good if the BBC, ITV and Sky focused on reporting on the European Union Council  as the union's upper house - because most people have not heard of it.

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