Tuesday, November 11, 2014

Court Rules - Germany can deny benefits to jobless EU migrants

This gets to the heart of what many see as being the major problem with the concept of free movement and something commonly known as Welfare Tourism.

Welfare Tourism is not necessarily 'scamming' by claimants, but is the practice of weighing up which country in the EU provides the best and easiest to access benefits.

The concept of the free movement of workers between EU countries should be seen as a positive, workers should be in a position to either accept jobs in foreign countries OR travel to other EU countries in search of work (under their own steam so to speak), it should not be the responsibility of the recipient country to provide benefits (incl housing) while they are searching for employment.

Ireland; along with many western EU countries has been blighted by specific groups arriving to our shores and registering for housing and benefits from the outset - many have gone on to never work.

Compliments to The Guardian: http://www.theguardian.com/world/2014/nov/11/germany-deny-benefits-welfare-jobless-eu-migrants

The European court of justice (ECJ) has ruled that Germany can refuse welfare benefits to EU migrants if they have never held a job in the country.

In a landmark ruling on “benefit tourism” that could set an EU-wide legal precedent, the Luxembourg court announced on Tuesday that “economically inactive” migrants from other EU nations can be refused German unemployment benefits under certain conditions.

Downing Street said it would look very closely at the ruling and argued that it vindicated David Cameron’s moves to restrict benefits to EU migrants.“I think one of the things that it underlines has been that the freedom of movement, as the prime minister and others have said, is not an unqualified right,” Cameron’s spokesman said. “We will look very carefully at what we and other governments can do working together in response to this judgment.” Asked whether this will make it easier for the government to bring in further controls, the spokesman said: “We have already said prior to this judgment that we are looking to see what further measures can be taken and following that judgment that work will continue.”

The case was prompted after Elisabeta Dano, a 25-year-old Romanian woman living in Leipzig, had her application for benefits refused. The local jobcentre argued that there was a lack of evidence to prove that the woman, who has lived in Germany since 2010, had ever actively looked for work.

After an appeal was rejected by a Leipzig social court, the case was transferred to the ECJ.
In its ruling, the ECJ emphasised that while EU migrants had the right of residence in another EU country for up to three months, the country was under no obligation to pay social benefits during that period. If migrants stay for more than three months but less than three years, right of residence is dependent on whether they have sufficient resources to support themselves or their family members.
The eagerly anticipated ruling could be interpreted as a victory, or a blow, for Cameron. It is a victory in the sense that it supports the British government’s drive to curb benefit abuse by EU migrants. The British, Danish and Irish had voiced strong support for the German position in the dispute. But it is also a defeat in the sense that the ruling means that these curbs can be achieved within the existing rules.

Had the ruling gone the other way, it would have probably triggered a debate about reforming freedom of movement in Germany. Now, British calls for an overhaul of the existing systems are less likely to be heard.In Britain, the ruling was welcomed by members of both the government and the opposition. Conservative MEP Timothy Kirkhope said that while the ruling addressed German legislation, it would have “wide-ranging implications for how the UK can tighten its welfare system to ensure only migrants that make a contribution can receive something back”.“This court case and this ruling show quite clearly that the UK is not alone in its concerns about restoring free movement to its core principle: free movement of labour. The government will be heartened by this decision today,” he said.

Rachel Reeves, the shadow work and pensions secretary, said: “Labour welcomes today’s ruling on restricting benefits to immigrants from EU member states who travel simply to claim benefits. Labour has repeatedly called on the government to act to ensure that the UK benefit system is only there for those prepared to contribute, including extending the three month waiting time EU migrants have to wait before claiming benefits and ending the unfair practice of child benefit being sent abroad. It’s now time for ministers to act.”

The Liberal Democrat MEP Catherine Bearder said: “Today’s ruling shows that while EU free movement is non-negotiable, it is not an unfettered right. Liberal Democrats are clear that the freedom to live, work and study across the continent should not mean the freedom to claim. Safeguards can and should be put in place to prevent benefit tourism and abuse of the system.”

Thursday, November 6, 2014

Sleeping giant of public opinion has awoken and now water will wash away the Coalition

Compliments to Martina Devlin in The Irish Independent 06/11/2014

Its been a long time since we've had such honest journalism in Ireland.

http://www.independent.ie/opinion/columnists/martina-devlin/sleeping-giant-of-public-opinion-has-awoken-and-now-water-will-wash-away-the-coalition-30722554.html

Tick-tock. The meter is ticking now - not for those loathed water charges but to mark the Irish people's dwindling patience with this sinking Government, which is conspicuously out of step with its citizens.

Tick-tock. Enda Kenny is turning into a lame duck Taoiseach, deaf to the public clamour. He reached a nadir when he paused, in black tie en route to a party, and warned of a 4pc tax hike if water charges weren't paid. I half expected him to snap "off with their heads" as he turned away.

Tick-tock. Two days of mass marching, and another day lined up for December - the sleeping giant of public opinion has been awakened and protests are growing. What a mistake that's been for the Government. Because this is about so much more than water charges now. This is a pent-up reaction gushing out against the double-dealing, greed, arrogance, cronyism and downright stupidity of an unfit-for-purpose political system. A system which expects the working poor, as many of us have become after six years of austerity, to keep on making sacrifices. Even when there is nothing left on the bone. This time, we are ordered to finance a super-quango with a bonus culture. No wonder people aren't inclined to stump up.

Tick-tock. Who truly believes the first lot of water taxes will be used to repair the network?
That's not credible when an over-staffed and over-compensated Irish Water has already soaked up €86m in consultancy and legal fees. If the network is really in such disarray, a halt should be called to installing water meters, with resources redirected towards infrastructure work instead.

Tick-tock. The awoken giant of public opinion is contemplating justice and fairness - and how both were sacrificed when Europe insisted Ireland meet all bank debts, so that German and French investors who took a gamble wouldn't lose out.

The giant is rubbing its eyes, wondering why its Government didn't fight harder in Europe to protect Irish citizens, and why senior politicians preferred the easier option of another new tax. Did they think us too sunk in inertia to notice yet another deduction? Or too cowed to care? Or too stupid to realise the conservation argument was a fig leaf for revenue generation? The giant is on its feet now and has taken to the streets. "This is what democracy feels like. This is what democracy looks like. This is what democracy sounds like." That was the chant from 4,000 throats on the demonstration I marched in last Saturday. Similar slogans were roared out around the country from some 150,000 protesters - and they were not the 'usual suspects', but ordinary people pushed to the brink. The march I attended was organised by Richard Boyd Barrett and People Before Profit, but it was an apolitical gathering. There were marchers from a variety of political persuasions and marchers with no affiliations.

Tick-tock. Some of the people on the streets were Fine Gael and Labour voters. TDs in marginal seats ought to be afraid. Very afraid. Even those in 'safe' seats can expect to feel a chill wind. Support for the Coalition is ebbing faster than those gallons of water we're told is lost through leaky pipes.
Enda, let me tell you how democracy in action felt. It felt good. It felt like active citizenship - people engaging with government and expressing a view on the way we are governed, rather than waiting for the blood sport of election day.

Tick-tock. There were marchers behind homemade banners who've never demonstrated before. Marchers who last went out to protest in the 1980s. Marchers with adult children back living with them in the family home because they can't afford one of their own. Marchers whose children have emigrated because they see no future in Ireland.

Marchers who say they've never failed to pay a bill before. But this one is a bill too far.
And what provoked those crowds to pour in, in their tens of thousands, some 150,000 in all, to those rallies last Saturday? Deep-seated disillusionment. A weariness with mainstream politics, now thoroughly discredited as being incapable of reform. To categorise this growing movement as founded in anti-austerity is to misunderstand it. It was fascinating to observe the marchers as they arrived. To watch them find spaces for their cars where nobody would be blocked in, and take care to pay for parking. To see them strap their children into buggies to keep them safe. And produce rain wear, because heavy clouds weren't going to deter them. These were law-abiding, prudent people. They understood tough decisions had to be taken if Ireland was to regain its sovereignty. But they expected some solidarity in return - not a disconnected elite. Environment Minister Alan Kelly adds no reassurance when he says water bills will be modest and affordable. Charges, once introduced, have a habit of being ratcheted up.

Tick-tock. Labour is just as disconnected as Fine Gael. Really, Joan Burton, I'm surprised at you for forgetting what a struggle life has become for some of your constituents if you can casually refer to a €200 bill. This water charge is a regressive tax because it hits everyone the same irrespective of income - sacrificing the weak in society. Politicians have a responsibility to the people, not the party. At least Labour's senators realised that when they voted against the Government yesterday, helping to pass a motion for a referendum to protect water from privatisation.

Tick-tock. "This is what democracy feels like," went the chant. It felt good, Enda. The last time it felt as good was when the Fianna Fail/Green coalition was shown the road in 2011.
The current regime has forgotten it governs solely by the will of the people.
As each day passes, with minister after minister defending water charges, some with soft words and some with big sticks, the people are growing more sullen.

Tick-tock. Something has to give. A few concessions won't stem the tide any more.

Irish Independent

The ECB (Trichet) Letter to Brian Lenihan

Following the release of the ECB "Trichet" Letter to Brian Lenihan and his insistence that "Ireland" take a Bailout or the ECB would cut all funding, a lot of nonsense has appeared in the Irish Media, but nobody (so far) has addressed the core of the issue - "Ireland" did not require a bailout, a bailout would only be required "if" Ireland decided to honour the Bonds issued by Private Banks and bought by International Financiers who are supposedly experts in their field - this was the ultimate in "stitch ups".

  • It was "Private" Banks and their borrowing from other Private Banks & Bondholders (primarily financial institutions), supervised by the ECB that required the bail-out – not ‘Ireland’.

  • When the infamous ‘Guarantee’ was made, these banks had knowingly, understated the extent of their losses in communications with public officials.

  • Originally, Ireland should have refused to Guarantee more debt than it was informed of or aware of.

  • If the ECB wanted or needed the losses of various Private Banks and Bond Holders to be bailed out or assisted, then the ECB should have stumped up the money itself via some quickly thought up ECB liquidity guarantee scheme (subject to controls) - effectively discounted loans to the Banks and Financial Institutions, which we pretty much have now.

  • Bearing in mind the effect of the mountain of fraudulent ‘AAA’ rated mortgage backed securities sold into the EU’s banks from the US, there was more than enough justification for the ECB to look to sand-bagging European Financial Institutions prior to the impending tsunami.

  • Did we get any redress from Wall St. banks in filling Europe’s banks with these worthless ‘assets’ ? Did any spineless, bought, EU politician even suggest it? Bully boy tactics were used on Ireland by its so called partners. 
Of course, for Irish politicians, bearing no personal or financial repercussions themselves, dumping this ‘odious’ debt; which was 42% of the cost of the entire Euro zone banking losses; was the easy way out for them. Just tell the disgusting lie to the Irish people that it was because ‘we all partied’… and thus had some moral obligation, the ‘fools’ will believe it.

Doubtless they thought the people still cowed & unquestioning under the yoke of the Catholic church would meekly accept this lie and to be fair - most of the unquestioning Irish population did just as expected

However let me remind the supporters of our Governments mantra and actions - NAMA; where the vast bulk of the bad loans were transferred; didn’t take any individual loan of less than €20 million in nominal value. Now, how many of us "partied" with loans of more than €20 million ? - not many.

No, "we" didn’t party. In fact household (mortgage) debt is only "now" being resolved – yet again in  favour of the Banks and not the Citizens; who were duped into buying overpriced houses (in most cases because they needed a home) and it was either accept the loans banks were begging them to take (and assuring their prudent "affordability", yadda yadda, yadda), or pay inflated rents as tenants for inferior rental houses (absence of rental/tenant laws serves political cronies)

The vast majority of people losing their homes now, through mortgage foreclosure, are doing so under yet another disgusting episode in Irish History, and the silence on the part of the mainstream media is deafening, too busy sucking up to their friends in the political classes trying to talk up the country’s non-recovery. (And totally ignoring also that the rest of the Eurozone itself is collapsing back into recession or stagnating..)

If we had not had the totally unnecessary and gratuitous policy of Euro zone wide Austerity when our economies could have been stimulated back to growth, then a great many of those now losing their homes would have had the jobs and wage income to enable them to maintain their mortgages. That is a fact. At no point since this crisis began have Irish Government politicians, or public servants, or others of our ‘Political Classes’, or many in the media actually represented the interests of the majority of citizens. At every turn, they have represented the (opposite) interests of the Capital owning few… which includes many Political Leaders, their Cronies and Close Supporters.
 
That is "not" meaningful ‘democracy’.

And now behind closed doors and in secret "talks", these same political classes have been drumming up an Orwellian termed "Trade Agreement" between the EU and US – the ‘TTIP’.

The TTIP has little to do with ‘trade’, and everything to with handing even more power to the Banks, Financial Institutions and Global Corporations over our elected governments. Including the ‘ISDS’ (Investor State Dispute Settlement) terms, whereby banks and corporations may sue governments for loss of future profits and other compensation for any ‘legislation’ which interferes with their "business", including any annoying social or environmental protections and these cases will not be decided via the normal Judicial Process but in special ‘Tribunals’… doubtless so they can be filled with Corporate (revolving door) placemen and retired politicians (experts) as ‘adjudicators’.

None of the major political parties in Ireland or the EU represent the citizens’ interests. They need to be thrown out of office and the system reformed from the inside.