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Wednesday, November 17, 2021

European Politics > Belavia Stops Migrant Flights; Russian Gas or Military Build-up in Ukraine? Top EU Court - Is It Political?

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Belarus’ state airline cancels Middle Eastern ‘migrant flights’

from UAE

15 Nov, 2021 11:06
By Layla Guest

A plane of Belavia company is seen at Minsk international airport near the village of Slabada, Belarus,
May 19, 2016. © REUTERS / Vasily Fedosenko


Belarus’ national airline has announced it will no longer fly in citizens from a handful of Middle Eastern countries via the UAE, as the EU mulls sanctions on the country’s main airport amid a worsening illegal migration crisis.

In a statement released on Sunday, Belavia revealed that citizens of Afghanistan, Iraq, Syria, and Yemen will no longer be accepted on flights leaving Dubai for the Belarusian capital. The notice also said that the airline will strengthen verification checks on those departing from the Gulf city.

The operator also claimed that it has “never facilitated the transportation of” asylum seekers from these countries to Minsk. “Due to the increased attention on this issue… the airline has strengthened scrutiny on all its flights when it comes to compliance with all visa requirements and migration legislation of the Republic of Belarus and foreign countries,” the message reads.

The company’s notice comes as the EU considers implementing sanctions on around two dozen Belarusian officials, diplomats have reportedly told the Financial Times. Syrian airline Cham Wings could also be hit for ferrying groups of desperate people to Belarus, in addition to a hotel in the capital for allegedly housing them upon their arrival.

Minsk Airport could also be subject to restrictive measures, although member states are yet to reach a consensus on a course of action, citing legal difficulties.

Commenting on the possible embargoes on Sunday in an interview with Le Journal du Dimanche, Josep Borrell, the EU’s top diplomat, said that Brussels may strengthen penalties “by targeting precisely those who co-operate” with Belarus’ long-time leader, Alexander Lukashenko. Borrell, however, said that he does not want sanctions to “affect the living conditions of the people.”

Brussels blames Belarus for weaponizing migrants in what it called a “hybrid attack” against the EU. The bloc’s top diplomat said that Lukashenko has misjudged the situation, arguing that “by retaliating in this way he was going to twist our arm and have the sanctions cancelled.” Instead, he remarked that “quite the opposite is happening.”

Belarus has denied the charges, and insisted that it was simply no longer prepared to intervene and stop people seeking to cross the border with the EU. Minsk has claimed that this action comes in response to sanctions from Brussels.




EU must choose between Ukraine or Russian gas - UK PM Johnson

16 Nov, 2021 11:40 

FILE PHOTO: Britain's Prime Minister Boris Johnson holds a news conference at 10 Downing Street, on the day of reflection
to mark the anniversary of Britain's first coronavirus disease (COVID-19) lockdown, in London, Britain March 23, 2021.
© REUTERS / Hannah McKay / Pool

By Layla Guest

The nations of Western Europe will soon have to decide whether they want to buy cheap Russian gas, or defend Ukraine against Moscow, British Prime Minister Boris Johnson has claimed as tensions mount in the east of the continent.

Speaking at the Lord Mayor’s Banquet on Monday, Johnson remarked “we hope that our friends may recognize that a choice is shortly coming between mainlining ever more Russian hydrocarbons in giant new pipelines and sticking up for Ukraine and championing the cause of peace and stability.” The UK and much of the EU has faced a worsening gas crisis in recent weeks, with prices shooting up by as much as 250% in some places.

Johnson also weighed in on the humanitarian crisis hitting the continent’s east, claiming Downing Street had been “quick to respond” when the UK’s “Polish friends” asked for help with the situation on their border with Belarus, which has seen a sharp spike in refugees attempting to cross into the EU illegally. Britain has deployed a contingent of engineers to help reinforce the border fence.

The prime minister went on to blast embattled Belarusian leader Alexander Lukashenko, alleging he is behind an “abhorrent” attempt to use desperate people to undermine European unity.

Johnson’s comments come shortly after US Secretary of State Antony Blinken claimed that Minsk’s actions amid the worsening situation between Belarus and its neighbors, Poland and Lithuania, turn the attention away “from Russia’s activities on the border with Ukraine.”

The senior diplomat’s remarks coincided with a delivery of 80 tons of ammunition gifted by Washington to Kiev on Sunday, which was praised by the local US embassy as showing the White House’s “commitment to the success of a stable, democratic and free Ukraine.”

Last week, Moscow issued a warning to American diplomats, advising against a new scheme to give its neighbor deadly weapons under the ‘Strategic Partnership Document’. Russian Ambassador to the US Anatoly Antonov said that the plans to strengthen defense ties will “only worsen the situation in southeastern Ukraine.”

Reports of a build-up of Russian troops began to spawn across Western media outlets at the end of October. The coverage, however, received condemnation from Kiev, with Alexey Danilov, the chair of Ukraine’s national security council, slamming it as “intentional disinformation of our entire society.”

Russian officials have also insisted there are no plans to launch an offensive in the country and plunge the continent into war. Kremlin Spokesman Dmitry Peskov dubbed the reports of Moscow’s purported military build-up on Ukraine’s border to be “cheap fake news.”




Top EU court says Poland broke rules with judge appointment system

16 Nov, 2021 09:33

The towers of the European Court of Justice are seen in Luxembourg. © Reuters / Francois Lenoir


Poland’s procedure for appointing senior judges by the executive branch violates EU rules, the Court of Justice of the European Union (CJEU) has said.

Tuesday’s ruling by the CJEU said the situation in Poland in which the justice minister, “who is also the Public Prosecutor General,” can “second judges to higher criminal courts” and terminate them at any time “without stating reasons,” infringes on the independence of the judicial branch.

The EU court’s opinion was requested by a regional court in Warsaw, which was worried that the appointment and termination procedure compromised the presumption of innocence in cases adjudicated by minister-seconded judges.

The CJEU found “a number of factors” that could empower the justice minister to influence judges and thus “may give rise to doubts concerning their independence.” It said appointments and terminations of a judge should be made “on the basis of criteria known in advance and must contain an appropriate statement of reasons.” Under the current procedures, the criteria are not public at all and the minister doesn’t have to explain his or her decision to withdraw the secondment.

The European court also noted that while a judge has to consent to be seconded by the minister, the termination can be done without one, which “may have effects similar to those of a disciplinary penalty.”

The minister’s role as head of the prosecution is problematic in the context of judge appointments, since it calls into question the impartiality of prosecution and trial, the CJEU said.

Lastly, there is an issue with seconded judges’ involvement in disciplinary proceedings brought against other judges. They serve as deputies to the Disciplinary Officer for Ordinary Court Judges, also appointed by the minister of justice. The arrangement could cast doubt on “the imperviousness of the other members of the adjudicating panels concerned to external factors,” the EU court said.

The combination of factors gave the CJEU reason to believe that minister-seconded judges “are not provided with the guarantees and the independence which all judges should normally enjoy” in a member-state of the EU. The minister’s power “cannot be considered compatible with the obligation to comply with the requirement of independence.”

Considering the circumstances, the court added, “the presumption of innocence may be jeopardised” in cases presided over by judges such as these in Poland.

The disputed procedure is part of a sweeping reform of the judicial system, which put the conservative Polish government at loggerheads with the EU. The opinion is the latest blow dealt to Poland in the ongoing conflict.

Last month, the CJEU imposed a €500,000 ($568,000) per day fine on Warsaw for ignoring a previous order from the court in a case regarding a mining operation. Poland called the ruling part of a “political blackmail” campaign by Brussels.

The EU and Poland have long been entrenched in conflicts over domestic policies which officials in Brussels say go against the union’s rules. Warsaw, among other things, has been accused of compromising the rule of law, discriminating against the LGBT community, and curbing freedom of the press. The Polish government says the EU is attempting to encroach upon its national sovereignty.




Hungary breached law with asylum seekers policy – EU top court

16 Nov, 2021 09:45 

Migrants walk along a road near the Hungary-Serbia border. © Reuters / Marko Djurica


The European Union’s top court has ruled that Hungary’s 2018 law aimed at criminalizing aiding illegal immigrants who are claiming asylum violates the “rights safeguarded” by the bloc’s legislature.

The Hungarian legislation, passed in 2018, sought to punish anyone “facilitating illegal immigration” with a year in prison, under a bill dubbed the “Stop Soros” law. Hungary’s government justified it at the time by arguing that migrants illegally entering the country threatened its national security. 

In the ruling, handed down on Tuesday, the European Court of Justice declared that “criminalizing such activities impinges on the exercise of the rights safeguarded by the EU legislature in respect of the assistance of applicants for international protection.”

The EU’s advocate general, Athanasios Rantos, had urged the court to make such a judgement back in February, claiming the introduction of the legislation meant that “Hungary has failed to fulfil its obligations under the [bloc’s] Procedures Directive.”

It became known as the Stop Soros law after billionaire philanthropist George Soros became a vocal opponent of the Hungarian government's opposition to migration. The administration, in turn, accused Soros of orchestrating migration to Europe, with the Open Society Foundation, run by the philanthropist, closing its operation in the country in response. 

Hungary, under the leadership of right-wing Prime Minister Viktor Orban, has repeatedly clashed with the EU in recent years over its strong stance on immigration and concerns from the bloc about threats to the rule of law in the country.

At the end of 2020, a dispute between Hungary and Poland and the EU risked derailing the bloc’s budget, as both member states were threatening to veto it over their view that the EU was attempting to interfere in their domestic affairs. Ultimately, the EU backed down, agreeing to a compromise with Budapest and Warsaw to ensure the budget secured the support of all 27 member states. 

Despite acknowledging the EU court’s ruling, Hungary’s government defended its right to challenge any foreign-funded non-government organizations that are attempting to “promote migration.”

“Hungary's position on migration remains unchanged: Help should be taken where the problem is, instead of bringing the problem here,” Hungarian government spokesperson Zoltan Kovacs said, adding that the country will challenge outside entities “seeking to gain political influence and interference.”



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