Despite several reservations about the pact’s implementation, European lawmakers finally approved the post-Brexit trade deal between the European Union (EU) and the United Kingdom (UK) on April 27, 2021. An overwhelming majority voted to ratify the Trade and Cooperation Agreement that had been in force provisionally since January 2021, thereby ensuring the continuation of tariff-free and quota-free trade between the two.
The agreement is quite remarkably the most comprehensive the EU has ever signed with a third nation. It is also for the first time a deal -that would have otherwise taken several years- has been ratified in such a short time. While the Brexiteers may have got most of what they so desperately sought, the deal nevertheless comes along with many challenges.
On the crucial question of ensuring a ‘level playing field’ for businesses, both sides have agreed on a complex set of standards and rules that most certainly are bound to be contested in the future. These provisions establish a dispute settlement mechanism for resolving any dispute that may arise out of the agreement. In case of non-compliance with the deal, to borrow a phrase from European commission president Ursula von der Leyen, the EU will “not hesitate” to use the agreement’s “real teeth“, which could then lead to tariffs.
New issues have surfaced due to the trade arrangements that have created more political tensions between the EU and the UK. Goods trade is tariff-free, but the process will still take longer due to increased border checks and cumbersome paperwork. Fishing stocks, in particular, have been affected as exports to the EU were delayed due to new rules and regulations.
Notably, the new trade deal does not set out significant detail about financial services – on which the UK economy is heavily reliant. The UK has lost the advantage of EU membership which had previously enabled the financial sector to provide easy and hassle-free services to clients across Europe. Not only finance, but even legal, auditing, architecture, consulting, and other services face uncertainty about their future dealings with the EU.
In Northern Ireland, post-Brexit tensions still persist around the border. The Protocol, which permits Northern Ireland to continue to remain a part of the EU’s single market, has so far failed to provide a viable solution to the unique predicament of Ireland and Northern Ireland. The UK’s unilateral decision to ease some of the new checks in the Irish Sea border between Britain and Northern Ireland led the EU to take legal action against the UK for what the commission refers to as a breach of the agreement. Clearly, both sides need to put in a lot of effort to build a solid and close relationship based on mutual trust and understanding.
As gathered from the latest unrest in Northern Ireland, Brexit has had a profound impact on devolution in the UK, once again drawing public attention towards the political and cultural divide present in the region. The controversial Irish Sea Border, which was supposed to provide the best possible solution to maintain peace in Northern Ireland, has instead evoked anger and resentment among pro-British unionists in the province, increasing fears that the sea border has reinvigorated “the Irish question“.
Likewise, in Scotland – which voted to remain in the EU- calls for Scottish independence have been put back on the agenda. The winning of the Scottish Nationalist Party for the fourth consecutive time has raised the prospect of another Scottish referendum. There might be a chance of Scotland becoming an independent nation, one that gets granted a free pass if it were to apply for EU membership, undermining the political integrity of the UK.
A significant breakthrough in post-Brexit talks occurred on the subject of fishing rights. Even though fishing is a minor contributor to the UK economy, it has enormous political and symbolic significance. The negotiated settlement between the two sides on the management and sharing aspects of fish stocks for a transitional period does not meet the demands of both the Brexiteers and the fishing communities in the UK, for whom exclusive access to fisheries often meant reclaiming jurisdiction over the UK’s coastline. It is debatable and uncertain whether annual renegotiations on future access after 2026 would help to quell the fishing industry’s discontent. The recent Jersey island fishing standoff with France and the failure to secure a fishing deal with Norway indicate that there will be further flare-ups over fishing rights down the line.
Is Brexit finally done?
While the withdrawal agreement and the trade deal intended to provide a framework for the EU-UK future partnership, many critical issues remain vague and unresolved. Given the slew of disputes over the UK’s implementation of the deal and the bitter row over AstraZeneca’s Covid-19 vaccine supply, it looks like the Brexit process is far from over.
The agreement has sparked bitter divisions in the UK and cast doubt on the prospect of stability on the island of Ireland. A lot can happen in Scotland in a few years with the growing call for independence, leading to some serious ramifications for the future of the United Kingdom. Likewise, for the EU, the “UK model” of relationship has set a precedent for other member states, raising concerns about more calls for secession from the bloc. Yet, considering the political and economic fallout from Brexit in the UK, for now, it seems unlikely that any other member would follow suit.
Immigration, one of the key drivers of the Brexit movement, has suffered a severe setback. Millions of EU nationals living in the UK and British citizens living in the EU face an uncertain future as they strive to secure their legal status to reside where they have lived for years.
All in all, given the complexities challenging this new partnership, the post-Brexit era appears to be an endless series of escalating conflicts. Breaking free from decades of trade links and regulatory harmonisation was surely not going to be an easy task. Nevertheless, the EU and the UK still share the same values and global challenges such as – climate change, supporting multilateral international order, combatting terrorism, promoting liberal and democratic societies. Bearing this in mind, the pragmatic way forward would be that both sides work together to build cooperation in such areas of mutual economic and political interests that would ensure the security and stability of the region.
Tactical Retreat: Madrid Makes Concessions to Catalonia and the Basque Country
The November 2019 general parliamentary elections in Spain resulted in none of the parties getting an absolute majority needed to form a government. Following two months of negotiations, a left-wing coalition between the PSOE (Spanish Socialist Worker’s Party) and Unidas Podemos (United We Can) was formed in January 2020. Having received the necessary parliamentary support, Pedro Sanchez, the leader of the socialists, assumed the post of the Spanish Prime Minister.
Catalan and Basque parties are now vital for the Spanish government
Since this is the first coalition government in the history of modern Spain that does not rely on a stable parliamentary majority, the role of regional parties has significantly increased. The PSOE-Podemos coalition only has 155 mandates, falling short of the majority (176) by 21 votes. In such a situation, success of any initiative put forward by the left-wing government depends on the support of other parliamentary parties—in particular, the nationalist movements of Catalonia and the Basque Country. The Republican Left of Catalonia (Esquerra Republicana de Catalunya, the ERC) and “Together for Catalonia” account for 13 and 8 seats, whereas the Basque Nationalist Party (BNP) and the EH-Bildu are each represented by 6 and 5 MPs.
Support of the four regional parties facilitated a number of crucial events in the Spanish political process. These include Pedro Sanchez, the PSOE leader, taking the office of Prime Minister in January 2020, a repeated extension of the state of emergency in the country in spring 2020, the adoption of the state budget for 2021 as well as passing the bill on the distribution of money from the EU recovery fund into law.
In this regard, both Catalonia and the Basque Country are now presented with more opportunities to promote their interests in broadening autonomous powers in exchange for their support of the governmental projects. At times of the bipartisan system, when the party to win general elections could independently form a majority government, regional forces had weaker bargaining positions. However, the value of their votes in the Congress of Deputies today has increased drastically. Amid such conditions, P. Sanchez has no other way but intensify interaction with the two autonomies on the issues of interest to them. He is driven by the desire to sustain support of the regional forces, ensuring the viability of his government.
Different aims: Catalonia is seeking referendum while the Basque Country is keen to broaden its autonomy
The coronavirus pandemic, which broke out in 2020, did not allow to launch another stage of negotiations between the Spanish government and the political leadership of Catalonia and the Basque Country. Notably, each autonomy has its own strategy and aims to pursue in their negotiations with Madrid.
The negotiations agenda of the new Catalan government, formed by the ERC and “Together for Catalonia” following the regional elections on February 14, 2021, includes: 1) amnesty for all the prisoners detained after the illegal referendum on October 1, 2017; 2) agreement with the government on holding another, this time official, referendum on the status of the autonomy; 3) revision of the current structure of financial inflows in favor of increasing investments from Madrid in the budget of the autonomy.
At the same time, the Basque government, headed by the BNP, has a different set of objectives: 1) implementation of all the remaining provisions enshrined in the Statute of Autonomy of the region, namely the transfer of some 30 competencies in self-governance to the regional authorities; 2) resuming talks on a new Statute of Autonomy; 3) formation of a broad negotiating platform involving the largest Spanish and Basque political forces.
In 2021, negotiations on these issues were intensified between Madrid and the regions. Each autonomy has managed to achieve certain results in pursuing their interests.
Catalonia: two tactical victories with no prospects for a referendum
Both Catalonia and the Basque Country managed to get a number of significant concessions in the course of June to October 2021. By doing it, P. Sanchez has shown the importance of the two autonomies in maintaining stability in the PSOE-Podemos coalition government.
Catalonia succeeded in achieving two important outcomes. The first victory was a judicial one. On June 23, 2021, amnesty was granted to all 12 prisoners sentenced to terms from 9 to 13 years on the charges related to the illegal referendum on the status of the autonomy that was held on October 1, 2017. This step sparked a severe backlash in the Kingdom, with demonstrations held in many regions. The majority of Spaniards (61%) expressed disagreement with such a move. However, it manifests that P. Sanchez is ready to make controversial compromises to maintain his political allies, despite possible long-term losses of the electorate support.
The second success of Catalonia was in the political domain. Due to a flexibility of the central government, the first talks in a year and a half that took place between Prime Minister Pedro Sanchez and Pere Aragones, the head of the Catalan government, became possible. While the sides only exchanged views on topical bilateral issues at their first face-to-face meeting on June 27, 2021, the parties could hold a substantive discussion of a plan to normalize interaction during the second round on September 15.
In the meantime, it was the Catalan side that set the agenda. This emphasizes the increasing role of the autonomy in bilateral relations, while indicating that Madrid is keen to garner support among the Catalan deputies. This is the why the central government is ready to offer some concessions.
Following the talks, the Prime Minister stated that the sides managed to agree on 44 out of 45 points of the document presented by P. Aragones. However, the only stumbling block remaining is a new referendum in Catalonia. On this issue, P. Sanchez is not going to make any concessions.
The Basque Country: higher flexibility and new competencies for the autonomy
Madrid has also stepped up negotiations with the Basque Country. However, it should be added here that the region has managed to achieve more tangible results in terms of expanding its autonomous powers in judicial and financial matters.
First, as the agreement signed in April 2021 suggests, three penitentiary centers with 1,378 prisoners were handed over to the Basque Government from October 1, namely the Department for Equality, Justice and Social Policy.
Second, the talks on July 28 between Pedro Sanchez, Spanish Prime Minister, and Inigo Urkullo, head of the Basque government, within the framework of the Joint Economic Commission resulted in new tax competencies handed over to the Basque Country. Local authorities are now in charge of collecting taxes from e-commerce, financial transactions and digital services. This may lead to an inflow of additional 220 ml euros to the Basque budget.
In response to such steps of the Spanish government, I. Urkullo made an eleventh-hour decision to attend the Conference of regional leaders on July 29, 2021. This event is of political importance as it unites the heads of all Spain’s 17 autonomies. At the same time, the Catalan Pere Aragones did not participate in the meeting. Had both Catalonia and the Basque Country been absent, this would have come as a real blow to P. Sanchez. Therefore, it was of utmost importance for the Prime Minister to persuade at least the Basque leader to attend the meeting. Urkullo’s presence partly contributed to the image of Sanchez as a politician who can reach agreement with the regions.
Key differences between the Catalan and the Basque government that influence relations with Madrid
In Catalonia, the coalition government is dominated by the ERC, which is more moderate and ready to move away from harsh rhetoric in favor of discussing common problems with Madrid. At the same time, its partner, “Together for Catalonia” that lost the February 2021 regional elections to ERC by only a narrow margin, stands for more straightforward actions.
Such a configuration within the coalition restricts Catalonia’s flexibility. The main goal of the radical wing is a new referendum. The ERC’s moderate approach is counterbalanced by “Together for Catalonia”. It does not support excessive rapprochement with Madrid or any deviation from that idea.
At the same time, the situation is different in the Basque Country. The moderate BNP enjoys leading positions in the government coalition while the EH-Bildu has a much lower weight in strategy setting. It allows the autonomy to be flexible, interacting with Madrid in a more successful manner.
Moreover, the talks between Catalonia and Madrid are still held in a narrow format of face-to-face meetings between the Prime Minister of Spain and the head of the autonomy. At the same time, the Basque Country has already resumed dialogue within the Joint Economic Commission. This is a more inclusive format that enables the sides to cover a wider range of topics.
Currently, the Basque Country’s give-and-take strategy results in smaller but more meaningful concessions, bringing about a broadening of its autonomous powers in exchange for political support of the central government. Meanwhile, Catalonia’s attempts to achieve more significant results, which may affect the image of P. Sanchez, bump up against Madrid’s reluctance to cross the red line. The Prime Minister is ready to make some tactical concessions to the autonomies in order to garner political support for his initiatives. Despite certain criticism from the right wing, such steps confirm the effectiveness of the PSOE-Podemos coalition, demonstrating the viability of the incumbent government to the electorate.
Talks have future as long as the left-wing coalition remains in power
The future of the negotiations between the center and the autonomies heavily depends on the 2023 Spanish general elections. Right-wing parties like the People’s Party, VOX and “Citizens” are not inclined to broad negotiations with Catalan and Basque nationalists. If these parties form the next government just in two years, the entire process of normalizing relations with the regions may be put on hold.
P. Sanchez’s excessive flexibility in negotiations with Catalonia and the Basque Country may lead to a higher popularity of the right-wing VOX party. Those among voters, who are dissatisfied with the policy of offering concessions to nationalists, may switch to the forces that safeguard the Spanish constitutional order. Another problem for the PSOE-Podemos government is the socio-economic recovery of Spain from COVID-19.
Little progress in these two directions is likely to result in the loss of public support. The influence of Catalonia and the Basque Country will not see a decline in the coming years. It is therefore essential for Madrid to make new concessions similar to those made to the Basque Country. But they should be gradual to provoke less publicity.
From our partner RIAC
Is British Democracy in Danger?
On Sunday 12th of December 2021 Boris Johnson went on national television to warn about a tidal wave that would threaten Britain. He was back then referring to the Omicron Covid-19 variant, little did he know back then that he could have been referring to his own political future. Johnson is facing increasing demands from his own party to step down after having admitted to attending a party in Downing Street on May 20th, 2020, during the UK’s first national lockdown.
Johnson has been facing increasing risks for quite a long time by now: from collapsing poll ratings, to violation of lockdown rules and an ill-managed pandemic that has continued to strain the National Health Service; among many others. These crises have compromised his moral authority both with the citizenry and with his own frontbenchers. Although in the UK confidence votes can happen relatively quick: the no confidence vote on Theresa May’s government was held on December 12th, 2018, just a day after she was informed that the minimum threshold had been reached, this is still not on the horizon for the current Prime Minister.
To trigger a leadership contest 15% of the Tory MPs need to submit a letter to the chair of the 1922 Committee. There are currently 360 Tory MPs, 54 of them are needed to spark a confidence vote. As up to now, very few have publicly confirmed to either have submitted or to have the intention to submit a letter. If such threshold is reached, this would open the debate as to whether there is someone suitable enough to replace him. The frontrunners are Chancellor Rishi Sunak and Foreign Secretary Liz Truss; neither have the proven record of vote-winning Boris Johnson has had ever since he was the Mayor of London. Such vote of confidence is also unlikely to happen as majority of the crises the government has faced are of their own making. Johnson is not the cause; it is the symptom of a deeper decay of the British State and their politicians.
While the Conservatives will not be able to escape the cumulative effects of current and past scandals, this latest turmoil us unlikely to trigger the collapse of Boris Johnson. The next British election is scheduled to happen in May 2024, giving both Johnson and the Tories enough time to move on from this crisis and work on rebuilding electoral support. Boris Johnson has long defied political gravity and has survived a long history of scandals and mismanagements that may have destroyed the electoral chances of many other politicians and their political parties. It is highly likely that in the coming local elections in May 2022 the Conservatives will suffer electoral defeats, this is still preferable than what the political and electoral consequences for the Conservatives would be if they were to get rid of Johnson. Sacking him now would be accepting losing the war rather than losing a battle in the coming local elections. The long-term aim of the Tories is to hold on power for as long as they can, and at least ensure their electoral base is secure coming the 2024 general elections. For this, Boris Johnson still may come in handy.
Although Boris Johnson’s record has been shockingly poor; the Tories will not give Labour a chance for a general election before the scheduled for 2024, especially not now that they are leading the polls on the question as to who would make a better prime minister. The reality is that although his ratings have plummeted dramatically over recent years, there is no real threat of a general election for at least 2 years if one considers the larger political landscape.
One of the major threats British democracy does not come from Boris Johnson but rather from a deterioration of what sustains democracy as a healthy system of government. The UK electorate is highly volatile. Unlike countries like the US whose electorate has become highly polarised, the British electorate has shown less party loyalty, and voters have switched more and more between political parties in each election. However, this volatility will not get Johnson out of office, that is something only the Conservatives can do. This is closely linked to trust in politicians and the government. Lack of trust in both is one of the major issues of contemporary democracies around the world. Trust, is, after all, the basic condition for a legitimate government. Lack of trust in politicians, institutions, political parties, and the government in general enables populist tendencies, polarisation, political extremism and impacts the voting preference of citizens. It also favours the support of more stringent stances towards minorities, opposition, immigration, and human rights violations. A second threat that should not be disregarded is the attitude towards democratic institutions and bodies that sustain the British political system. While it is true that Johnson’s behaviour does not push to extremes such as Donal Trump did, or many other highly divisive politicians around the world, he is drawn to the same unconventional styles to deal with political challenges.
Democracy around the world is facing a backlash that is organised and coming from within, from elected officials. Our democratic rights can either be taken away suddenly as a result of a revolution or a coup d’état, or gradually through the election of leaders who slowly erode rules, standards and institutions that help sustain democracy. This is potentially more dangerous for the overall prospects of democracy because gradual erosion of democratic values is harder to perceive. The state, under this progressive attack, becomes prone to the systematic corruption of interest groups that take over the processes and institutions in charge of making public policy. It is during this gradual democratic backsliding that elected officials disregard norms and institutions while, at the same time, trying to redesign the structure of the state. An informed and active citizenry is crucial to prevent further erosion of democracy. We need to be aware that it is not only democratic rules and institutions that are in danger, but also the respect of our fundamental civil, political, social and human rights.
The French Dispatch: The Year 2022 and European Security
2021 has been rich in negative events for European security: the world has witnessed the collapse of the Open Skies Treaty, American-French discord concerning AUKUS, the termination of the official dialogue between Russia and NATO, and the migration crisis on the Polish-Belarusian border.
Over the past year, the Western countries seem to have been searching for new strategies. Since the end of 2019, NATO has been developing a new concept, and in June 2021 at the summit in Brussels, to the displeasure of sceptics, it was possible to agree on its basis—the transatlantic agenda NATO 2030 (# NATO2030) . While the broad formulations and a direct hierarchy of threats still require clarification, new projects in the field of weapons development, combating climate change, and increasing interoperability have already been declared.
In parallel, since the end of 2020, work has continued on the EU European Parliamentary Research Service project—the Strategic Compass. The dialectic between Atlanticism and Europeanism softened after Joe Biden came to power in the United States, but the European interests and red lines retain their significance for transatlantic relations. In 2022, together with the rotating post of the President of the EU Council, the role of a potential newsmaker in this area has been transferred to Emmanuel Macron, who feels very comfortable in it.
On December 9, the provisions of the Paris programme were published under the motto “Recovery, power, belonging” France, as expected, is reiterating its call for strengthening European sovereignty. The rhetoric of the document and its author is genuine textbook-realism. But now for the entire European Union.
Objectives of the French Presidency, are not articulated directly but are quite visible—making the EU more manageable and accountable to its members, with new general rules to strengthen mobilisation potential, and improve the EU’s competitiveness and security in a world of growing challenges.
Paris proposes reforming the Schengen area and tightening immigration legislation—a painful point for the EU since 2015, which has become aggravated again in recent months. This ambitious task has become slightly more realistic since Angela Merkel’s retirement in Germany. At least a new crisis response mechanism on this issue can be successful, even if it is not fully implemented.
In addition, the Élysée Palace calls on colleagues to revise the budget deficit ceilings of the Maastricht era to overcome the consequences of the pandemic and finally introduce a carbon tax at the EU borders. The latter allows for a new source of income and provides additional accountability for the implementation of the “green” goals by member countries.
The planned acceleration of the adoption of the Digital Markets Act (DMA) and Digital Services Act (DSA), developed by the European Commission at the end of 2020, is also aimed at unifying the general legislation and consolidating the European position in the world. In other words, the French Foreign Ministry quite soberly assesses the priority areas and vulnerabilities of the European Union and focuses on them, but with one exception.
A special priority of the French presidency is to strengthen the defence capabilities of the EU. On the sidelines, the French diplomats note that the adoption of the Strategic Compass in the spring of 2022, as originally planned, is a fundamental task, since otherwise the process may be completely buried. With a high degree of probability, this is so: the first phase of the development of the Compass—the general list of threats—lasted a year, and consisted of dozens of sessions, meetings, round tables with the involvement of leading experts, but the document was never published. If Macron won’t do it, then who will?
As the main ideologist and staunchest supporter of the EU’s “strategic autonomy”, the French president has been trying for five years to mobilise others for self-sufficiency in the security sphere. With his direct participation, not only the Mechanism of Permanent Structured Cooperation (PESCO) in the defence area was launched, where France is the leader in a number of projects, but also the so-far failed European Intervention Initiative. Even without focusing on French foreign policy traditions and ambitions, the country remains a major European arms exporter and a nuclear power, where the military-industrial complex is closely affiliated with the state.
Implementing the 2022 agenda is also a matter of immediate political gain as France enters a new electoral cycle. The EU Summit will take place on March 10-11, 2022, in Paris, a month before the elections, and in any case it will become part of the election campaign and a test for the reputation of the current leader. Macron has not yet officially announced his participation in the presidential race, but he is actively engaged in self-promotion, because right-wing politicians espousing different degrees of radicalism are ready to take advantage of his defeats to purchase extra points.
The search for allies seems to be of key importance for victory at the European level, and the French Foreign Ministry has already begun working on this matter. In 2016–2017 the launch of new initiatives was predetermined by the support of Germany and the Central and East European countries. The change of cabinet in Germany will undoubtedly have an impact on the nation’s policy. On the one hand, following the results of the first visit of the new Chancellor Olaf Scholz to Paris on December 10, the parties announced the closeness of their positions and a common desire to strengthen Europe. On the other hand, the coalition of Social Democrats (SDP) was made up with the Greens and Free Democrats (FDP) who are not at all supporters of excessive involvement in security issues. What “strategic autonomy” means for France, constitutes a more restrained “strategic sovereignty” for Germany Therefore, an intensification of dialogue with Italy and Spain, which are both respected and potentially sympathetic, is likely. The military cooperation agreement concluded in the autumn of 2021 with Greece, an active member of PESCO, can also help Paris.
Gaining support from smaller countries is more challenging. Although the European project is not an alternative to the transatlantic one, the formation of a common list of threats is a primary task and problem for NATO as well. As mentioned above, it is around it that controversy evolves, because the hierarchy determines the distribution of material resources. The countries of Eastern Europe, which assume that it is necessary to confront Russia but lack the resources to do so, will act as natural opponents of the French initiatives in the EU, while Paris, Rome and Madrid will oppose them and the United States in the transatlantic dialogue. The complexity of combining two conversations about the same thing with a slightly different composition of participants raises the bar for Emmanuel Macron. His stakes are high. The mobilisation of the Élysée Palace’s foreign policy is one of the most interesting subjects to watch in the year 2022.
From our partner RIAC
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