Transatlantic Politics

A very interesting debate on the Russian "selection", not "election" due tomorrow (Sunday, Dec.2nd) , as Edward Lucas from the Economist puts it. Watch it here. Relevant that Leonid Gozman, the Deputy President of the oppositional Union of Right Forces Party has a broken arm.. and Evgeni Kiselev, a leading Russian tv moderator has lost his very popular show because of his critical tones toward Putin.

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Norwegian blogger Fjordman criticizes the failure of the West in condemning Marxism as a failed ideology after the collapse of the Soviet Union and sees similarities between the new cause of the European left - "political correctness" and the Soviet social experiments:

What happened is that while the “hard” Marxism of the Soviet Union may have collapsed, at least for now, the “soft” Marxism of the Western Left has actually grown stronger, in part because we deemed it to be less threatening. The “hard” Marxists had intercontinental nuclear missiles and openly said that they would “bury” us. The soft Marxists talk about tolerance and may seem less threatening, but their goal of overthrowing the evil, capitalist West remains the same. In fact, they are more dangerous precisely because they hide their true goals under different labels. Perhaps we should call it “stealth Socialism” instead of soft Socialism.

One of the readers of Fjordman blog once pointed out that we never had a thorough de-Marxification process after the Cold War, similar to the de-Nazification after WW2. He was thinking of the former Soviet Union and the countries in Eastern Europe, but he should probably have included their Marxist fellow travellers, their sympathizers and apologists in the West. We never fully confronted the ideology of Marxism, and demonstrated that the suffering it caused for hundreds of millions of people was a direct result of Marxist ideas. We just assumed that Marxism was dead and moved on, allowing many of its ideals to mutate into new forms and many of its champions to continue their work uninterrupted, sometimes filled with a vengeance and a renewed zeal for another assault on the capitalist West.

We are now paying the price for this. Not only has Marxism survived, it is thriving and has in some ways grown stronger. Leftist ideas about Multiculturalism and de-facto open borders have achieved a virtual hegemony in public discourse, their critics vilified and demonized. By hiding their intentions under labels such as “anti-racism” and “tolerance,” Leftists have achieved a degree of censorship of public discourse they could never have dreamt of had they openly stated that their intention was to radically transform Western civilization and destroy its foundations.

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In Romania, EU's newest member state, if you want to get a public tender fixed, the minister might ask you for some euros. Also some sausages and plum brandy, writes The Economist.

Just weeks ago, the agriculture minister Decebal Traian Remes was shown on public television in what appeared to be the act of taking an envelope with 15.000 euros. His middleman, also a former minister, was then videotaped going to Remes' house with boxes of sausages and gallons of plum brandy. The tape included phone recordings in which Remes was asking the bribe-giver, a local businessman, about the exact registration numbers of the tenders he wanted to secure for himself.

Within two days of the tape being shown, Remes was asked by the Premier to resign. The moment couldn't have been worse for Romania:  The European Commission is threatening to cut 25% of the agricultural subsidies worth 100 million euros if the Government doesn't set up a functioning and transparent agency for distributing said funds to Romanian peasants.

As for the fate of Mr. Remes and a handful of other former and present ministers suspected of corruption (including the current Justice Minister!), things look brighter than could be reasonably expected in any other European country.  An “emergency ordinance” was recently passed by the Romanian government; an extraordinary legal procedure usually concerning urgent matters that enables the government to enact decrees without the usual parliamentary procedures.  As a result of this ordinance, the government dissolved the commission which conveniently happened to be in the process of lifting the ministers' immunity, which would have enabled prosecutors to actually investigate all of this purported corruption. The new commission is unlikely to resume activity this year, since there are ongoing appeals against the ordinance.

These delays to corruption trials are, unfortunately, not the first or only instance of such "politicking". Since Romania became an EU member on January 1^st,  the political class has been  working on all levels to restore the privileges and impunity mechanisms it lost during the accession process. Changing the rules during the game seems to be the motto of the current administration. All sorts of legal exceptions, new amendments and bills are meant to undo what the former Justice minister Monica Macovei, broadly appreciated as a true reformist, succeeded in instituting. Unfortunately for Romania, Macovei was replaced during a government reshuffle in April.

 
Public perception of corruption is high: according to the last Transparency International corruption index, Romania is perceived as the most corrupt country within the EU.

The current Justice Minister Tudor Chiuariu, a former lawyer of a prominent regional party-boss of the governing Liberal Party, blames it on the prosecutors. In Chiuariu's eyes, it's not the MPs who change the laws during the game who are to blame, not the Government who sometimes rules by decree, nor the judges who are by large majority inherited from the Communist era, when they served as a mere branch of the political police. No, in Justice Minister Chiuariu's eyes, this latest bout of corruption is the fault of the prosecutors!  Unlike in East Germany, when upon reunification, all judges were evaluated and further employed only if it was certain that they would not act upon political commands, in Romania judges were automatically “recycled” by the post-Communists.

For Chiuariu, the activities of the Anticorruption Department, although praised in the EU Commission’s reports, are just “political commands”. Just days after his appointment earlier this spring, Chiuariu asked for one of the top prosecutors to be replaced – the head of the department dealing with top-level politicians. Even after the Superior Council of Magistrates audited the activity of that prosecutor and found that there are no grounds for him to be dismissed, Chiuariu persisted and asked the president to replace him, only to be refused again. If Chiuariu's (and Romania's) history is any indication, Chiuariu's next step will probably be a draft amendment in order to limit the presidential powers in this regard so that Chiuariu can expel those prosecutors he deems dangerous.

On the EU side, the Commission has some leverage left – the so-called “EU Cooperation & Verification Mechanism” for Justice and Home Affairs - is a unique post-accession monitoring program for Romania and Bulgaria that was designed & instituted in order to ensure the proper functioning of the rule of law and help these two country's fight against corruption. If the progress is unsatisfactory, the Commission can apply a safeguard clause that would block any Romanian verdicts from being legally binding in the EU.

If the Romanian justice system continues its current trend, the EU might very soon have to deal with a failure on the scale of the failure of the EU Constitution in 2005:  Romania would become the first EU member state with a dysfunctional rule of law and unchecked corruption. Such a scenario would be a disaster for both the EU & Romania. 

 This should at least be a lesson for the next EU candidates in line: No EU accession without a real reform of the political class and judicial system.

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