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Modern Migration as a Challenge to European Identity

Elena Kubantseva

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Simultaneously an issue about European identity has aroused along with European Union formation. It is said in the preamble “European Identity Declaration” 1973 that members of the Community decided to elaborate this document in order to reach more precise determination of their relations with other countries and further interaction on formation of unitary Europe.

Appreciation of that is like European identity is concentrated around ideal concept of unitary Europe formation basing on a certain “imagined community”. Identity of the type “we are Europeans” puts in a basis of existence of “European values”: human rights, human freedom, liberal economic, democracy, multiculturalism, Eurocentrism. Cultural space of Europe is represented by a diversity of nationalities, languages, religions. The concept of Christianity may not serve as a measure of European identity, as far as EU is less considered as “Christian area” even in those countries like Germany and France. However, new all-European identity acts as an integral factor of legality attribution to governmental institutes. Authority growth of European Union governmental bodies is supported at the international arena due to common identity as well as serving in the capacity of the representative and guarantor of its citizens’ interests before the interests of other nations.

Traditional views about the Europe’s borders from the moment of EU formation have an impact upon consciousness of European identity. There are different levels of identity: supranational, national and regional – they exist concurrently supplementing each other. Highest-level leaders tend to raise “European identity” over national identity. Historical borders of some regions in Europe do not coincide with ones of the national states, similar division makes difficulties in national state functioning and European nationality formation.

Over recent years Europe has become a centre of international cosmopolitanism. Identity under the terms of globalization experiences transformation, both national and supranational as well. There is a destruction of community’s social borders in the base of transformation process by means of integration and informational exchange. Integration processes in Europe lead to impact strengthening of regional identity and as a consequence to smearing EU interior borders and reinforcement of exterior ones. Several processes proceed in European integration directed upon strengthening of European self-consciousness and thinking. Under such circumstances it is rather complicated to identify differences between the countries of Europe as to their belonging to true European countries. All countries will characterized by certain cultural-social distinctions, like language and culture, however, territorial location of these countries will be a unifier.

Geographical borders of the influencing territory of European civilization are to be an essential element in creation of common space. European civilization is often characterized as Western civilization possessing nowadays more political shade. This civilization has more extended geography than physical border of Europe as continent and part of Eurasia. Certain aspects of western civilization as elements of soft power actively disseminated during the Cold War as a counterbalance to the communist Soviet Union, EU expansion to the East in 2004, apart from political and economic contradictions, emerged discussions about ideological backbones of European integration. EU expansion at the official level was performed under the slogan “return to Europe”, in this context Europe spiting during bipolar world looked like a short period in long-term history of Europe defacing actual position of the western European countries. Grave differences cause possibility of Turkey entry to the European Union. Geographically, only 3% of Turkish territory is in Europe. The leaders of EU member states vacillate in association with the countries from former USSR located in Transcaucasia. Along with the accession to the EU former USSR Republics took a hard anti-Russian stand, thus Europa turned out to be before the choice of its concern in Russia.

By EU extension a revival process is observes as to national self-consciousness, understanding regional languages and cultures significance. It is a defence reaction to the processes of integration globalization, and ethnic diversity of Europe is already the established fact influencing upon internal and social policy of the Union.

European multicultural society is a multicoloured palette of nations, ethoses and small nations residing within the EU territory. Local topos of multiculturalism is a designated area populated individually in a foreign for it social-political and communal environment, diaspora, small ethnic group united by commonality of language, mental, cultural, ethnic and faith traditions. Special feature of multiculturalism is a compromise reaching between traditional and alien migration cultural communities possessing its cultural patterns. However, another question arises regarding exactly what kind of values – cultural-historical, Christian-religious or liberal – shall become basic in formation of European identity and how to combine with their cultural and religious diversity of Europe.

In 2003 investigation was conducted “Solidarity and Religion in European Union: comparative sociological perspective”, where Europe is shown in the section of valuable settings of population. While inhabitants of Northern and eastern Europe are inclined to individualism and post-materialism having their civil rights in priority, and in the countries of Southern and Western Europe religion possesses the first place, however, concurrently, they rather highly appreciate material values. When evaluating population it is essential to consider not only geographical and material state and also history and confession. Low level of religiosity in the countries of Northern Europe, Germany and France is explained by the level of economic development and national policy.

In spite of the in people’s consciousness religion continues to play an important role in the Europeans’ life. Official representatives of Catholic Church strongly pushed for the issues on search and approval of European identity. During the period of discussion and drawing up European Constitution and Lisbon Treaty the church strongly pushed for provision inclusion about Christianity recognition as one of the sources of European integrity under support of the government of some European countries, especially Germany. However, the official edition of Lisbon Treaty included statements about the sources of democratic values, namely freedom, democracy, human rights, equality as well as cultural, religious and humanistic ancestry of Europe were admitted. However, the provision on Christianity was not included into the Treaty, but it was exactly clear what religion under concern. The subject of religion in the issues of European identity remains a relevant topic for discussion. On the part of more religious countries of Europe opinions are declared that Europe shall more precisely define its religious identity in order to uphold its interests in migration issues against the backdrop of globalization.

Many conservative parties state their position in recognition Christianity as a unified religion for EU, the radical parties are also committed for Christianity recognition but from more “Eurocynical” positions considering it to be an element of national identity. Dispute around religion role in Europe arises not only in the issues of European identity and also in the problems of migration and acceptance of new members by EU, for example Turkey. The majority of politicians are sure that general cultural heritage being inextricably connected with Christianity lies in the EU base, upon which Union’s borders shall pass. If not considering all economic and social differences of Turkey and EU, entry of Muslim Turkey to EU is able to introduce imbalance into the attempts to form European identity and reinforce social and cultural-religious diversities.

Outstanding speech of Pontiff Benedict XVI addressed on September 12, 2006 in the Regensburg University called Europe to respect and appreciate its European roots and traditions in order to oppose challenges of the outside world, to which he added Islam as well. This appearance of the Catholic church’s head caused a mass of protests on the part of Muslim people worldwide.

Nationalistic and “Eurocynical” tendencies are growing in strength as to a series of different reasons, where culture, religion, economy and policy are interlinked. Problem of migration and smearing of long-standing identity elements serve as a catalytic agent in creation of more active solutions and actions to maintain European identity. Since 2010 leaders of Great Britain, Germany and France suggested in public about collapse of multiculturalism policy, these statements got a multitude of expert assessments and opions about Europe’s failure to cope with perform actions of “melting pot”, however, these statement did not mean a final reject from the policy of multiculturalism.

After the Second World War the Europeans attempted to weaken the growth of nationalism and gradually to make up general European nationality by means of creating non-governmental institutes. Western-European countries are under a great pressure, they also have to deal with the migration flows from less developed European countries and at the same time to seek refugees assimilation, which arrive from all corners of the world. They have to face with a growth of anti-migration parties within the country (from “National Front” in France to British “United Kingdom Independence Party”) in terms of increased terrorist danger. Some provisions of Schengen Agreement are discredited on different levels of state and regional government with regard to the border control between EU countries; agreement is criticised for insufficient control over the borders inside the Union which facilitates the movement not only the illegal migrants, and increases terrorist hazard.

Issues of migration interaction between the countries are on the agenda with envious regularity. Border control introduction is left in doubt by putting one of European Union’ pillar, however, the facts itself as to this idea emergence points out a publication of questions on national European identity at the opening pages. In 2009 debates broke out in France regarding the national consciousness, however, all turned towards the situation with Muslims in the country. A series of European countries also face speeches of nationalist parties. Certainly, there is a general European tendency, but it includes regional peculiarities. The countries of central and northern Europe are mostly subjected to the nationalist insistences, it is a little bit aside in the Mediterranean world. As to political weight Italian “League of France” and Greek “Chrisi Auge” (“Golden Sunrise”) – they do not pale in comparison with Austrian “Party of Freedom” or French “National Front”.

Accession of ultra-rightists to power at the election campaign in Austria in 2016 fits into common interest of ultra-right ideas throughout Europe. Anti-Islamic dispositions prevailing before only in ultra-right political alliances take a form of popular discontent, which promotes popularity of nationalists organizations throughout EU as well as level criticism on open door policy. Anti-migrants moods are propelled by the movement “Pegida” in Germany. French «National Front» headed by Marine Le Pen in December 2015 won at the regional elections in the north of France and in departments located along the Cote d’-Azur. But now, Marine Le Pen and her party are optimistically disposed to presidential elections.

Apart from attempts to regulate several levels of identity within the frames of European Union, the questions on migrants’ identity arise. Migrants in EU may be divided into two main categories: internal and external. Internal migrants are persons committing movement inside EU borders. Exterior migrants are persons arriving from the third countries in the search of improvement of their material states or seeking out asylum. The biggest threat is represented by the migrants arriving from the countries differencing much from Europe on the type of culture. Their presence poses a threat not only for European identity and also to senses of national consciousness. This threat is displayed in the acts of vandalism, developing crime situations in the countries visited, appearance of illegal networks and groupings.

The questions arise regarding interests representation of people contributing to economic, social and cultural spheres of the country, which do not have in-country citizenship. It may be more likely reported that the image of world, environment apprehension, religion and traditions of migrants differ from generally accepted European rules. Sweden with its Muslim population may be exemplified, where government encourages the work of neo-political communities and unions by consensual discontent of ethnic Swedes. The supporters of integration policy consider that namely negative attitude to creation of political base of interaction with Muslim minorities is to be a main reason of the crisis in the process of integration. Migrants voice protests, including by means of messes as they do not see any legitimate possibility to change something. However, Swedish government attempting to protect ultra-modern secularizing democratic-individualistic Sweden as much as possible against the capture by outdated and inhumane fundamentalists, has chosen its, not much democratic, but plain way: it tries not to admit Islam to political field of its country at all.

On the other part Germany continues accepting migrants involving non-government organizations to this issue. In 2012 “National Plan of Actions” was adopted at the Fifth National Summit, in which tasks and goals were formed and set considering immigrants’ integration, program of arrangement and participants were defined, responsible for conduct, including NGO. About 400 various events were realized (specially-oriented for the youth and other age groups of immigrants) with the participation of funds, public associations of Germans, immigrant organizations, land and municipal authorities. The expenditures of the government for all events performance comprised more than 20 mln Euro. More attention is paid to Muslim communities among different groups of migrants, which German government endeavours to bring under control. The Foundation “Mercator” initiated the opening of graduate schools on Islam theology in the universities in order to solve problems on imams’ lack in Germany. The objective of this program is to train academic staff of high qualification on Islam theology to develop Islam higher education in the country. This program will allow to train its imams being loyal to Germany and German society, who had arrived before mainly from Turkey bringing its traditions being not corresponding to German culture.

European Union demonstrates its ability to integration as a new philosophy of international relations, where Europe’s unity and simultaneously its diversity of national peculiarities interlink. The President of the European Commission Romano Prodi in his address to the European Parliament made the following statement – “Process of European integration and contemporary history serve as recognition of factors converging us as well as those separating us. Extension will be characterised by the first attempt to form a new type of citizenship within the continent. It will bring along unprecedented extension of citizens’ rights and strengthening of the state. The heads of governments constantly seek the ways to reach the greatest solidarity in issues of unity build up with cultural and religious diversity of population.

Agreement on EU establishment is a contract between independent countries agreeing to donate the part of their sovereignty for peace, security, democracy, freedom, human rights and justice. Union’s institutes develop in accordance with needs of society and new goals. EU itself may be considered as an unprecedented pattern on building piece and level of integration, thus, it is vitally important to form a general European nationality. EU government provides state support of symbols creation on European belonging in order to maintain and develop ideas of general identity: passport of European patter, anthem, flag, driver’s licence, introduction of general currency. Due to Schengen Agreement and cancellation of passport control, the citizens of Europe feel their belonging to an integrated geographical space. Political integration of the European countries increases confidence level and mutual understanding between all participants of integration process guaranteeing the rights and freedoms of EU citizen in all Union member-states.

Thus, listed aspects influencing upon the European identity formation as well as close cooperation in the field of policy and economy between EU countries have created a special system, where the states maintained its identity being paid great attention, retaining strong relations and mutual respect. Apart from national identity, the citizens feel belonging to a huge unification – European Union. This kind of identity is a base for integration process strengthening and relations development within the Union.

Integrated Europe has become an attraction object for many migrants, nowadays a problem on the agenda is to build up a new identity in terms of smearing of all-European cultural-religious values due to a great migration flow, and modern European Union – it is 28 independent states having its own identity and which are engaged in one direction to develop general European identity.

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Will the EU split into the East and the West?

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On March 1, 2018 the European Parliament has adopted a resolution initiating a disciplinary procedure against Poland. Warsaw is accused of violating a number of fundamental democratic principles of the EU. If the Polish government does not agree to make concessions, the country may for a time be deprived of the right to vote in the European Council.

The problem is that to implement such a decision, the consent of all EU member-states is needed. Meanwhile, Hungary, against which charges of the same kind have been brought, can block sanctions against Warsaw.

According to many observers the increased tensions within the EU reflect not just the “growth of nationalistic sentiments” across Europe. Analysts, as well as high-level politicians, including French President E. Macron, are already openly talking about the EU’s moving towards “Europe of two speeds”. How serious is the threat of increasing contradictions between Europe’s east and west?

The “right”, “anti-liberal” turn has been observed in Europe for the last 20-25 years and not only in the new EU members but throughout the continent. According to the BBC  in 2000 the average share of those who voted in the European countries for “populists” was 8%, at present it is about 25%. Michael Abramowitz and Nate Schenkkan of The Foreign Affairs note that now Islamophobia, “persecution of NGOs”, stiff rejection of EU policies  and fear of migration  play a key role in strengthening the positions of conservative and nationalist politicians -“populists” not only in Hungary, Poland, Austria and the Czech Republic. Similar ideas are spreading rapidly in the political discourse of almost every European country. More and more often “populists” are becoming potential partners in forming coalition governments. Thus, many political forces in Central and Eastern Europe, are increasingly rejecting the “EU pressure” because it is associated with sovereignty restrictions.

The embodiment of these trends was a series of political upheavals that occurred in Europe in 2017. First, both system-forming parties – the Socialists and the Republicans – suffered a crushing defeat in the French presidential and parliamentary elections. Then  to the unexpected surprise of most observers the “most serious political crisis since the unification” began in Germany – negotiations for the creation of the ruling coalition lasted more than 6 months, ending only in March 2018. Finally, in December 2017, a new government was formed in Austria, which included the conservative People’s Party and the far-right Freedom Party. Clearly there is no talk about Vienna’s withdrawal from the EU. Nevertheless, the new Austrian ruling coalition has its own idea of the ways of reforming the EU – a very different one from the approaches of Germany and France. Chancellor Sebastian Kurz does not conceal his desire to limit the EU’s spheres of influence. Some commentators say that by this he strongly resembles some of his colleagues in Central and Eastern Europe, also dissatisfied with attempts to centralize power, undertaken by Brussels.

The highlight of the clash between different concepts of the European Union’s future was the judicial proceedings initiated by the European Commission against Poland “for political interference in its justice system” on December 20th, 2017.

In these conditions, on the one hand, both the new cabinet of Merkel as well as the French president who is facing ever greater resistance to his ambitious reform plans have even more serious doubts regarding the ability to “initiate the process of renewal of the European Union”. On the other hand, “the events which happened in the end of 2017 in Brussels, Budapest, Warsaw, Prague and Vienna are the unambiguous alarming evidence that the EU encounters an existential dilemma in confronting the nationalist leaders of Central Europe led by Poland and Hungary“. Meanwhile, the Euro zone crisis and the Brexit remain on the agenda. As a result, the well-known Russian expert Fyodor Lukyanov says: Europe turns to itself, and “the future of the continent” has not been so vague from the middle of the 20th century. ”

Political contradictions are closely intertwined with the economic ones. The work of well-known economists Filip Novokmet, Thomas Piketty and Gabriel Zucman published in 2017 bluntly call Eastern European nations “foreign-owned countries”. On the one hand, a stable inflow of investment provides economic growth and high employment. On the other hand, such a high dependence on foreign capital in the economy is fraught with serious shocks, in case a country, for some reason, loses its investment attractiveness. As historical examples show, the “flight” of foreign investors, as a rule, provokes a surge of unemployment, a deep decline in the economy,  collapse of the banking system.

Meanwhile, after the UK leaves the European Union the annual budget of the EU will decrease by at least 10 billion euros. In this regard, the issue of decreasing subsidies to member countries, which will primarily affect the poorest countries, is being actively discussed. This “foreshadows yet another clash of the east and west of Europe.” Moreover, “some countries were told that their rejection of liberal values might be the reason to reduce their subsidies”. In response, the leading countries of Central and Eastern Europe “unequivocally say to Brussels: we are not your colonies”. In these conditions, “the Battles of Eastern and Western Europe threatens to slow down, or even completely slash to zero, a decade and a half of integration processes, and in a broader sense raises the question: is the EU united on the basis of common economic interests or common values?”

At the same time, the issue of Poland, Czech Republic or Hungary leaving the EU is not on the agenda. There are no objective reasons for this. The current CEE leaders largely owe their popularity to high rates of economic growth, the key factors of which are EU subsidies and foreign investments. Membership in the European Union is very beneficial for Eastern Europeans, as they receive more from Brussels than they give. Especially when it comes to issues of political and economic security. Formal belonging to the “West”, one of the main symbols of which is Schengen, is also very important for the overwhelming majority of citizens of these states from the psychological and philosophical point of view. The EU will also not give up Eastern European members, since the economic benefits of investing in growing economies, as well as export earnings to Central and Eastern Europe, are one of the main sources of growth for the whole Union. In addition, the experience of recent years has shown that with the problems of “Romanian corruption”, “Hungarian authoritarianism”, “Polish attacks on courts” and border disputes, like the Slovenian-Croatian one, “it is much easier to fight when the country is already included in pan-European structures,” Maxim Samorukov of the Russian Carnegie Center says.

The problem is that Brussels seems to have chosen a strategy that is very risky in the current circumstances, designed to “restore  the Union’s  self-confidence” – through a new expansion. In February 2018, the president of the European Commission, Jean-Claude Juncker, announced the strategy of joining the EU (until 2025) of at least some of the six states of the Western Balkans. According to Brussels’s plan the admission of new members should convince the rest  to abandon the privileges of individual countries and delegate more authority to the “center.” The question is about taking decisions not by consensus but by the majority, as well as about developing mechanisms for monitoring compliance with common rules by member-states and punishing violators. The ultimate goal is “supranational institutions that will gradually take away key functions from the least competent national governments“.

However, experts at the American think tank Stratfor say that “the enthusiasm for the EU enlargement has largely dried up”. Besides, the Eastern European capitals are hardly to like the real goal of the EU reform, for which the leading “old” members of the club advocate – to minimize the chances of the CEE countries to play on the contradictions between the world powers. And even if those who believe that “at the heart of all such games there is always a desire to knock out as many financial preferences as possible from the European Union are right,” the population of Central and Eastern Europe is experiencing a growing anxiety and irritation as a result of realization that, if such trends continue in the politics of Brussels, the dreams of “life as in the West,” under whose auspices people often had to give up their national interests, will never come true. Meanwhile, to succeed in global competition, there is a need to limit or even reduce the “main achievement of the European” welfare society “- its social systems. This is increasingly spoken about in the old EU members.

Only time will tell whether the trends analyzed above are long-term.

If most of the CEE countries will not get rid of the “restricted, one-sided point of view”, according to which their national interests do not go beyond their state borders, then the ideas of the “all-European home” will remain only beautiful slogans for both the society and a large part of the ruling class. The real policy will remain at the level of “tactical pragmatism”, which will focus on those slogans and ideas, which at the moment are most in demand by voters. Even if it is a question of EU-scepticism and national populism. Probably, in the center and the east of the EU, a “new Eastern bloc” will be formed – led by the countries of the Visegrad Group (Hungary, Poland, Czech Republic, Slovakia), but not limited to it. The countries of this “bloc” will promote the idea of the “Europe of Nations”: the transformation of the European Union into a confederation of independent states, united by a common free trade zone and “a few  supranational functions.”

Thus, tensions between the east and the west of the European Union threaten to become its main headache in the coming years. “Pessimists predict the emergence of situational alliances within the EU that threaten to paralyze the work of its political institutions,” the BBC said. Thus, the initiative to expel Russian diplomats in connection with the “Skripal affair” in the end of March 2018, among other EU member states, was not supported by Austria and Slovakia. On the whole we can assume that the evolution of the future European order has only just started and will continue for several decades.

First published in our partner International Affairs

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How Can Parity Be More Proportional?

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International diplomats located in Bosnia-Herzegovina have recently launched an initiative requesting the Parliament of one of Bosnia-Herzegovina’s two entities, the Federation, to reconstitute its upper chamber, the House of Peoples, in line with „more proportional representation“. Yet, how can representation in the House of Peoples be more proportional, when already based on the principle of parity? Sounds absurd, doesn’t it? Representation can be based either on the principle of proportionality or on the principle of parity. When based on the principle of parity, it cannot possibly be more proportional. Moreover, such an initiative encroaches on the sovereign right of that very Parliament to constitute and reconstitute itself, without external interference.

Indeed, what does sovereignty mean in the present-day Bosnia-Herzegovina? In the rest of Europe it has been adopted, almost axiomatically, in the traditions of both Locke and Rousseau, that sovereignty is indivisible and inalienable. For, the will of the people, as the expression of sovereignty, can not be divided; otherwise, it ceases to be the will of the people and becomes a collection of individual wills and then the people can only be a collection of individuals. Also, sovereignty can not be alienated from its bearer: power may be transferred, but not will; it is impossible for any organ to exercise the sovereign will save the sovereign body itself. The state, as a state, can no more alienate its sovereignty than a man can alienate his will and remain a man. There is but one possible bearer of sovereignty, the people.

In Bosnia-Herzegovina, it has been accepted, no less axiomatically, in the tradition of its long-negotiated partition sponsored by international envoys, that this country’s sovereignty can easily be divided, alienated from its people as a whole and transferred to its constituent ethnic elements and then consumed by its three ethnic oligarchies in the form of unrestrained political power over the pieces of territory assigned to them in the process of partition. Actually, such a divided sovereignty is treated as transferred to these oligarchies and consumed in the form of their private property over the resources found on the given pieces of territory.

Thus, whereas sovereignty is elsewhere treated as generated by a contract signed by free individuals, who thereby constitute themselves as the people and sovereignty as their general free will, in Bosnia-Herzegovina sovereignty is treated as dissolved by a contract signed, under the auspices of international envoys, by its three major ethnic groups, renamed for that purpose as ‘constituent peoples’, who thereby construct only a provisional state structure with no declared or acting bearer of sovereignty. ‘Constituent peoples’ are perceived as the contractors who should presumably be represented on the basis of the principle of parity in the parliamentary institutions, on the levels of both state and its two ‘entities’ (Federation of BiH and Republika Srpska), and it is only their three wills that are taken into account, although even they are not treated as sovereign, either, but only as dependent on each other’s acquiescence.

Moreover, yet another part of the country’s divided sovereignty has been transferred to the so-called High Representative (a diplomat appointed by major international powers), whose will may reign supreme over particular wills of the oligarchies claiming to represent their respective ‘constituent peoples’. In this sense, as a part of the country’s Constitution, the High Representative comes closest to the notion of the sovereign, although in practice this person rarely exercises his will and imposes his decisions on the three oligarchies in question. Still, the position in the Constitution makes the High Representative irremovable from the country’s legal structure, in spite of the permanent efforts of the three ethnic oligarchies to eliminate this potential threat to their unrestrained power.

Yet, is such a multiple division and transfer of sovereignty truly a part of the Bosnian Constitution, or it is rather an arbitrary interpretation of the country’s constitutional structure by both foreign diplomats and local politicians? In the preamble of the country’s Constitution one can really find its sovereignty divided among several different categories, positioned as sovereignty’s bearers:

Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina hereby determine that the Constitution of Bosnia and Herzegovina is as follows.(The Dayton Peace Agreement, Annex 4, The Constitution of Bosnia-Herzegovina)

A similar formula can be found in the Washington Agreement (1994), which preceded the Dayton Peace Agreement (1995) and served as the basis for creation of the Federation of BiH, as one of Bosnia’s two entities:

Bosniacs and Croats, as constituent peoples (along with Others) and citizens of the Republic of Bosnia and Herzegovina, in the exercise of their sovereign rights, transform the internal structure of the territories with a majority of Bosniac and Croat population in the Republic of Bosnia and Herzegovina into a Federation, which is composed of federal units with equal rights and responsibilities.

Here sovereignty is divided between Bosniacs, Croats and others – whatever their ethnic identity or a lack of identity – and they are all treated as possessing a double identity,first as constituent peoples and then as citizens of the Republic of Bosnia and Herzegovina. For, the form ‘constituent peoples (along with others)’ presupposes that ‘others’ – whatever their ethnic identity or a lack of identity – are also to be treated as ‘constituent peoples’, along with Bosniacs and Croats. By analogy, Bosniacs, Croats, and Serbs, along with Others, are to be treated as both ‘constituent peoples’ and ‘citizens of Bosnia and Herzegovina’ in the Dayton Peace Agreement’s Annex 4.But who can actually be proclaimed the bearer of sovereignty on the basis of these two constitutional acts?

Following the modern theories of sovereignty mentioned above, if sovereignty is to be regarded as indivisible and if, accordingly, there can be only one bearer, then the bearer must be the citizens of Bosnia-Herzegovina, acting as a whole. Then the ‘constituent peoples’ (Bosniacs, Croats, and Serbs, along with Others) are to be understood simply as the constituent elements of the whole, which cannot be treated as multiple bearers of sovereignty. And then the citizens may be represented in a unicameral parliament, founded on the principle of proportionality.

On the other hand, if we take sovereignty as divisible, the ‘constituent peoples’ maywell be regarded as its multiple bearers. Then, however, these ‘constituent peoples’ are not to be reduced only to Bosniacs, Croats and Serbs: the preambles used in both of these constitutional documents suggest that the category of Others is to be regarded as equal to the categories of Bosniacs, Croats and Serbs.

Constitution makers, obviously, had no clear answer to the question of sovereignty’s (in)divisibility in the case of Bosnia-Herzegovina: instead of a formulation that would follow the principle of sovereignty’s indivisibility (for example, „Bosniacs, Croats, and Serbs (along with Others) as citizens of Bosnia-Herzegovina“), they introduced the ‘constituent peoples’ as parallel to the citizens of Bosnia-Herzegovina and thus proposed a form of shared sovereignty between the citizens and the ‘constituent peoples’. This shared sovereignty is reflected in the structure of the parliamentary institutions of Bosnia-Herzegovina and both of its entities: all the parliaments are bicameral, the lower chambers representing the citizens on the basis of election results in accordance with the principle of proportionality, and the upper chambers representing the ‘constituent peoples’ on the basis of the principle of parity.

Yet, even such relative consistency has ceased to exist in the practical implementation of these two principles. In the the upper chamber of the Parliamentary Assembly of Bosnia-Herzegovina, the House of Peoples, the principle of parity is applied only to representatives of Bosniacs, Croats and Serbs (each represented with 5 seats), while Others are totally absent, as if they do not exist in the Constitution’s preamble among ‘constituent peoples’, along with Bosniacs, Croats and Serbs. In the upper chamber of the Parliament of the Federation of BiH, the House of Peoples, the principle of parity is again applied only to representatives of Bosniacs, Croats and Serbs (each represented with 17 seats), while the number of representatives of Others is arbitrarily reduced to only 7 seats, as if Others are not to be found among ‘constituent peoples’ in the Constitution’s preamble, along with Bosniacs, Croats and Serbs, and as if the principle of parity can be applied selectively or in some reduced manner. Similarly, in the upper chamber of the Parliament of Republika Srpska, the Council of Peoples, parity is applied again only to Serbs, Bosniacs and Croats (each represented with 8 seats), while Others are represented with only 4 seats, as if they have not been put into the category of ‘constituent peoples’, along with Serbs, Bosniacs and Croats. In other words, even if we theoretically accept the possibility that sovereignty may be divided between the ‘constituent peoples’ and the citizens of Bosnia-Herzegovina, such shared sovereignty is in its constitutional implementation distorted to such an extent that only Bosniacs, Croats and Serbs are recognized as ‘constituent’, whereas Others are sometimes treated as partially constituent, with a reduced number of seats, and sometimes as non-constituent, that is, practically non-existent!

Obviously, when the principle of parity is applied in such a selective manner, it ceases to function as parity. Otherwise, Others would be represented in all these parliamentary institutions on the basis of parity, along with Bosniacs, Croats and Serbs. And then, it only means that Others have been permanently discriminated in the political reality of Bosnia-Herzegovina and that such a constitutional discrimination must be removed if the model of shared sovereignty is to be applied at all. If not, then full sovereignty must be given back to the citizens of Bosnia-Herzegovina, regardless of whether they link their identity to any of its ethnic groups or not. And that has to be reflected in the structure of all its parliamentary institutions: the Houses of Peoples should be abolished and the parliaments should then become unicameral, so that only the citizens would be represented in the Houses of Representatives, based on the principle of proportionality and the principle one person/one vote. Of course, for that purpose the country should get a new constitution, adopted by its own Constitutional Assembly, instead of the one tailored in such an inconsistent (and theoretically problematic) manner by foreign diplomats as a part of the international peace treaty.

However, the international diplomats calling for „more proportional representation“  obviously do not distinguish between, and directly mix up, the principle of proportionality and the principle of parity. They assume that the House of Peoples in the Parliament of the Federation of BiH is based on the principle of proportionality, and ask for more proportionality, although it is clear that parity is its sole founding principle. For, political representation can either be proportional, reflecting the proportion of actual votes for actual political parties and candidates, or it can be based on parity, reflecting the parity between the constituent elements of the entire constituency (presumably, of the country’s population as a whole). As already noted above, it is the principle of parity in the House of Peoples that has been violated by under-representation of Others: while Croats, Bosniacs and Serbs are all represented with 17 seats in this House, Others are represented with only 7 seats. Yet, the diplomats do not pay any attention to this violation of the constitutional principle of parity. Instead, they suggest the Parliament to adopt even „more proportional representation“ in its upper chamber (which, in practice, can only be over-representation of one of the groups already represented in line with the principle of parity), so as to even further undermine its founding principle of parity, already violated by the existing under-representation of Others!

Such a legal absurdity is certainly unsustainable and can only lead to the total dissolution of the existing constitutional order in Bosnia-Herzegovina, already distorted by the abandonment of the principle of indivisibility of sovereignty and further undermined by the selective implementation of the principle of parity in the parliaments’ upper chambers. This brings us to a crucial point: either the parliamentary structures in Bosnia-Herzegovina will follow the logic of this request, abolish the existing provisional constitutional order and leave the country without any constitutional order whatsoever, or they will abolish this constitutional order and establish a non-provisional one, based on the principle of sovereignty’s indivisibility, reflected in a unicameral parliament, representing only the citizens of Bosnia-Herzegovina as a whole, regardless of their ethnic identity or a lack of it.

It is up to the parliamentarians. They may follow the principle of sovereignty as applied in the rest of the European countries, or obey the diplomats’ request, whatever the price for the country’s constitutional order. As for the diplomats, whoever they are, one should finally ask whether they would ever apply in their own countries any of the models they advocate for Bosnia.

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Do Angela Merkel and Germany have a joint future?

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Many foreign media and even some German media people reported during the endless appearing process for finding a coalition 2017/2018 about a “governmental crisis”. This mostly due to the lack of knowledge these coalition talks being a defined process despite taking unusually long. Germany sure wasn’t able to take major decisions hurting especially Emmanuel Macron and his affair of the heart: the renovation of Europe. On the topics Europe and Foreign Policy, Germany steps on the brakes for many years now, therefore the result remains the same – little or nothing happens anyway.

The new German government is in operation since a few weeks now but there is trouble brewing afoot in Berlin. Unexpectedly, the right wing AfD is pretty quiet at the time.

The CSU remains the arsonist

Those who have hoped the CSU (the Bavarian sister party to the CDU of Angela Merkel) will concentrate on governing the country after the forming of the government are utterly wrong. With the elections ahead in Bavaria, Horst Seehofer wanted to gather his voters and attract those who have left CSU for the AfD with the powerful comment “The Islam does not belong to Germany”. He even doubled within this context by adding “People of Muslim Belief belong to our country”. Just like one could take his belief and values off before going out on the streets. It certainly appears Horst Seehofer is able to abandon his belief and Christian values scarifying them to preserve his own power.

If you look into the history of Europe and Germany – and therefore Bavaria – you soon will discover Horst Seehofer wants to make the pure opposite of history to become reality. Whether by ignorance or on purpose is hard to determine, however based on facts the Bavarian Blusterer simply is wrong – “fake news” might the right term. During the early Middle Age Arabs and the academic people from their countries brought an enormous amount of knowledge to the backwardly European countries. People actually have to thank the Muslims for the following flourishing or Europe. They benefitted from countless innovative products and a vast knowledge transfer from the Occident into the countless by monarchs oppressed, socially underdeveloped and by a faint educational system inhibited countries of Europe. A startling detail: the majority of the academics originate from Chorasan – an expanded Afghanistan – and Iran, namely from the former intellectual stronghold Bagdad.

Angela Merkel took a clear position, criticised and rectified Horst Seehofers statement – who received it thin-skinned but did no longer make such unqualified statements.

Settlements within CDU still not finished

Angela Merkel has many areas with the need for improvement within her own party, too. While the Chancellor tries to convey she has understood the vote and is working on improvements her Health Minister Jens Spahn is backstabbing her. It took him just three appearances – perceived by the people concerned as big-headed and ice-cold calculated arrogance – to destroy Angela Merkels recently planted crop of hope. “Hartz IV does not mean poverty” was his first statement causing backlashes from many sources but also support by those who do not like governmental interventions (Hartz IV is the German unemployed support and welfare system introduced by the SPD in earlier times and a constant annoyance since it does not cover the rapidly increasing cost of life). With his second appearance Jens Spahn talked against the liberalisation of the abortion law unveiling his lack of knowledge and tact. Just a few days later he wanted to comply with his promise to create 8000 new jobs in health care and wanted to speed up the homologation of education certificates of nurses and doctors from other European countries. Again, the Health Minister unveiled he is unprepared since today it already is impossible to convince more than 1000 nurses from EU countries per year to come to Germany – also due to the questionable working conditions and much too low salaries in Germany.The situation is critical since many German nurses and doctors leave for better jobs in other countries like Switzerland. Based on these facts counting on foreign nurses and doctors seems to be questionable on two levels: these people leave a vacancy in their home countries and the problem in Germany becomes the burden of the foreign workers – the question is how long this can be done. Even more problematic is the continuous decrease of the quality in nursing which gradually becomes life-threatening, particularly with cheap foreign workers. Voices rise Jens Spahn is pulling wool on people’s eyes.

Even CDU exponents oppose the young politician and reveal there’s much to learn for Jens Spahn. At least, with his thoughtless, unemotional and erroneous appearances Jens Spahn is keeping all these issues prominently on top of the agenda of the Grand Coalition.However, the local CDU parties and the local party members have not yet understood the troubles of the German society, thus their ignorance could become a bigger problem than expected. The CNT Alliance visited some Kreisveranstaltungen (party gatherings) of the CDU in first semester of 2018 and discovered the mostly elderly party members are interested only in issues securing their own wealth. Other issueswere just briefly touched by the politicians on stage.

All this is a bit more than a tendency towards right. Like the strategy paper presented the group “WerteUnion” (Union of Values) beginning of April with lots of criticism for Angela Merkel. With this paper the opponents request a re-positioning of the CDU from the middle towards the right and fiercely oppose Angela Merkels refugee policy. Within this conservative manifesto they request the “return to the core values” of the CDU. The main part of the manifesto focusses on the Islam and migration. Again, it seems much easy for the authors of this manifesto to leave their Christian values behind (refugees) and putting them back in the centre of attention (Family) by demand. It doesn’t come as a surprise Jens Spahn sending a greeting to the approximately 100 people of this manifesto.

Interest to enthuse new members and to focus on younger people or migrants does not exist – in the contrary: our questions regarding rejuvenating the CDU or to include new members originating from foreign countries were quietly, but definitely opposed even with some discomfort. It seems Angela Merkel does not recognize the “Small AfD” among their own people – or she tolerates them on purpose.

Little fuss from the SPD

The partner in the coalition, the SPD, did not stir issues up after they’ve started governing. During the coalition negotiations the SPD has secured the Ministries of Finance, Justice and the Foreign Ministry besides others, much to the displeasure of those people in CDU and CSU who were keen on these jobs as well. With these ministries the SPD owns quite some power and the ability to steer the government: an excellent success for the negotiators of SPD.

At the other hand the SPD remains in a fuzzy situation not just within its own quest for identity. Several representatives of SPD do not find common ground regarding the welfare programme Hartz IV. Some people around vice president Ralf Steger for instance want to replace Hartz IV knowing the programme was introduced by the SPD but also is the reason for the downfall of the party. At the other hand, the Finance Minister Olaf Scholz wants to keep Hartz IV – since it is some kind of his own child from the time he worked for Chancellor Schröder, the facilitator of Hartz IV. The designated president of the party Andrea Nahles rarely shy of some “Kick-Ass”comments is very quit despite the discussion about Hartz IV and the job market being the opportunity for SPD to position itself clearly. She commented Jens Spahn’s intentional slip geared towards media with surprisingly soft voice, but straight into the face. Horst Seehofe and Jens Spahn are after the personal representation but missing out on their duties, and adds: “The primary job of the Chancellor is to sort out the act of government”.

Angela Merkel is flagging

Over the past years Angela Merkel became the symbol for political stability and predictability. She is popular in Germany and abroad but scratches in the paint become visible. Her political style is increasingly perceived as boring and leaden even by her own people. Usually, watched from distance she acts successfully and well balanced even for extensive problems. Angela Merkel is the chancellor of compromises and subtle but also of half-hearted decisions and stalling in front of complex problems. This works fine at the moment since economy runs excellent and tax revenues are on a steady high – both causing additional problems which she isn’t regulating. This stability increasingly is perceived as stagnancy which it actually is e.g. if looked at the Digital Offensive launched by the government many years too late.

Along with a certain fatigue in society towards Angela Merkel – a phenomenon previous chancellor Kohl encountered too – and her style the many postponed “building lots” become visible. Media often simplify the situation and explain the fatigue towards Angela Merkel merely with her misjudgment in the situation with the refugees and her catastrophic and negligent management of this issue. This, however, is just a small part of the real reasons for the poor results of the elections and the steep head wind Angela Merkel is facing. It is the combination of various diverse issues such as the state of emergency in nursing, poverty among the elderly, housing shortage, low wages and this in combination with contemptuousness and ignoring several population groups, particularly those at the far right of the political spectrum. The situation with the refugees therefore is just one part of the picture – but one people easily can discharge their hate and anger. Also because of the right wing party AfD right wing ideas and right wing protesting became “En Vogue” – even the voters of CDU/CSU are going towards the right. In this climate the uprising hostility against the Jews in the German society and the anti-Semitic activities of the past month are not unexpected. The internal policy of Angela Merkel was meant to be visionary and creative but it looks more like uncertain, delayed, reactive, and unveils many large problem.

Rumble at the right

The “old” parties still underestimate the right wing AfD. The equally underestimate the potential of right wing populism and the count of German citizen having conservative/right wing thoughts – even within CDU and CSU. For example, much disregarded by politics the right wing union “Zentrum Automobil” gained six mandates during the last works committee elections in March 2018 at the Daimler (Mercedes) plant in Untertürkheim (Stuttgart) – with the result of 13.2% they achieved a similar result like the AfD during the election last year, the Bundestagswahlen. The “Forschungsgruppe Wahlen“ stated approximately 15% of the members of the politically social unions did voted for AfD instead for SPD during the last Bundestagswahlen. A result pretty much replicated during the works committee elections at Daimler.

The statements by some of the exponents of the works committee of the IG Metall union: right wing ideas today are little visible but are spread subliminal throughout the whole company and, therefore, it’s expected to see a further rise of the “Zentrum Automobil”. The confronted union IG Metall got us evasive responses only.It seems this issue is hushed up. Time will tell whether Angela Merkel tactics to sit such problem out are the successful tactics for the unions. Looking at the general tendency in the country towards the right we believe Angela Merkel and the unions both are playing with fire.

Some more foreign policy?

During the past Germany was known for a little consolidated, imprecise and often lacking foreign policy. Domestic policy always was more important and it still is. The country focuses on economic foreign policy driven by the industry and its lobbyists, and otherwise relies on symbolic policy geared towards the media.

This image could slightly change. One of the first official acts by Heiko Maas, the new foreign minister, was his visit to Israel. His predecessor Sigmar Gabriel several times acted awkwardly and Angela Merkel didn’t want to become involved but Heiko Maas clearly, pragmatically and quietly put down some counterpoints.On top of it he clearly took position against the lighting up anti-Semitism.

Despite his appearances sometimes being perceived as nicely stage-made he did not make his own life easier since expectations are high now. The quick and friendly meet up with the French foreign minister Jean-Yves Le Drian in Israel stirs up some hope Germany – after months of naval-gazing – finally will take over responsibility in Europe and the World. Moving from inactivity towards political creation with the friendly support by France.

The future of Angela Merkel

Foreign policy slowly picks up speed but Angela Merkel seems to have a hard time with her country. It no longer seems to be the Germany she knows. She seems to lose more ground contact the more she tries to understand the problems of society therefore losing more and more ground contact while facing fronts she has to fight. In the Bundestag CDU/CSU and SPD have to heavily deal with an number of parties, all of them having gained more than 5% of the votes. On top there is the AfD, the strongest party in the opposition owning an uncomfortable agenda – some of it even being attractive to her own party members.

With their vote for the Grand Coalition the SPD members have saved it and also saved the faces of SPD as well as the CDU/CSU. The SPD finds herself in a disruption and renovation process, even more so than the CDU. On top of it the parties of the opposition got stronger and this comes together with the incapability or the active reluctance of the governing parties to tackle the urging problems in the country in all consequence.

A forecast about the future of Angela Merkel and, therefore, of the German bipartisan system seems to be tricky. Though, the recent Grand Coalition steers towards the end of the factual bipartisan system in Germany. And people in Germany will be even more discontent for the next elections in 2021.The question how CDU/CSU and SPD will score is eligible. And whether the right wing AfD will establish itself as the third constant in the party landscape. The other question is whether the other parties will see the signs. Some media are singing the swan song for Angela Merkel forgetting she is not for nothing the most powerful woman in this world. It will be interesting to see how she will cope with the erosion on several fronts. It is not the end of Angela Merkel but she and her party are showing heavy signs of wear.

*Ajmal Sohail contributed to this article

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