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    Spain’s Monarchy Is at a Crossroads Amid Corruption Scandal

    The former king of Spain, Juan Carlos de Bourbon, is facing growing allegations of corruption from Spanish public prosecutors. The current scandal will have an unprecedented impact on the future of the Spanish monarchy, an opaque institution that has been for many years shielded from public scrutiny. The personal finances and business activities of Juan Carlos I and his associates have been a source of controversy for many years, but now Spanish prosecutors, in coordination with British and Swiss colleagues, seem to have been able to trace approximately $100 million of the former king’s shady transactions.

    The 82-year-old, who reigned as the head of the Spanish state for 39 years until his abdication in favor of his son, King Felipe VI, in 2014, will likely face charges for money laundering and tax evasion and has left Spain, announcing that he is now permanently residing in the United Arab Emirates. This move, which was backed by the royal household and the current Spanish government, raises concerns about whether Juan Carlos is attempting to avoid justice in case charges are formally pressed against him in Spain.

    Corruption Allegations

    The scandal is putting the Spanish royal family in the spotlight while the country is trying to recover from the negative effects of the COVID-19 pandemic and a deep economic crisis. King Felipe has been trying to contain the damage of the scandal by striping the former monarch of his royal title and by renouncing his father’s inheritance. Yet these actions seem to be innocuous in reducing the pressures on the monarchy. The loss of public faith in the Spanish monarchy, a key institution for the consolidation of democracy in Spain, could potentially trigger a systemic institutional crisis given that over the past decade there has been a succession of scandals involving the political elites and critical public institutions.

    Currently, the Spanish supreme court is focusing its probe against the former king on a generous “donation” of approximately $100 million from the former Saudi king to Juan Carlos. This donation appears to be remuneration for the alleged intermediation by Juan Carlos in a $71-billion deal for the Spanish consortium to build a high-speed rail link connecting Mecca and Medina in Saudi Arabia. Swiss prosecutors tracked the Saudi money and suggest that Juan Carlos sent part of the “donation” to an offshore account and the other part was given as a gift to his former lover, Corinna Larsen, a German businesswoman.

    There are suspicions that this newest scandal is just the tip of the iceberg. Yet bringing members of the monarchy to justice is not easy in Spain provided they enjoy legal immunity from prosecution in the lower courts. Another difficulty of holding Spanish royals accountable is that they benefit from a network of allegiances in business and political circles.

    For example, in response to the recent wave of criticism in the media against the alleged role of the former Spanish monarch in the corruption scandal, approximately 70 high-profile politicians, professionals and businesspeople signed a letter in defense of Juan Carlos. In essence, the letter suggests that the disapproval Juan Carlos is currently facing in light of the most recent corruption scandal is unjust given his contributions to the Spanish democracy, stating that “the work of King Juan Carlos for the benefit of democracy and the Nation can never be erased, on pain of a social ingratitude that would not bode well for Spanish society as a whole.”

    The political and economic elites in Spain abhor any revisionism of the monarchy because they equate any criticism of its institution with endangering democracy. However, openly debating the role of a country’s institutions is healthy for any democratic regime.

    The Monarchy and Democratization

    Spain formally became a constitutional monarchy in 1978 when the country transitioned to democracy, becoming the only European democracy in the Mediterranean to have a monarch as its head of state. This exceptionalism allowed the Spanish monarchy to exercise an important symbolic power in the maintenance of the constitutional order and political stability in democratic Spain.

    Juan Carlos I acceded to the throne in 1975 at the hands of dictator Francisco Franco, who ruled Spain through fierce repression for almost four decades, between 1939 and 1975. In the 1970s, with the growing sociopolitical pressures for democratization, Franco envisioned the newly-enthroned royal overseeing the country’s transition to democracy. In effect, Juan Carlos would exercise a tutelage role over political and institutional dynamics in the newly democratic Spain.

    In a rare historical moment, King Juan Carlos, although politically neutral as a head of state, exercised his symbolic role as a guarantor of democracy when he took to the airwaves to publicly condemn an attempted military coup in February 1981. His televised address won him wide prestige among the Spanish public, and to this today, the former king is considered one of the key actors in the transition and consolidation of Spanish democracy.

    Despite the widely recognized role of the Spanish monarchy in building a democratic Spain, the country has changed in recent decades, as has public support for the monarchy. Based on the Ipsos Global Advisor’s 2018 survey, the Spanish royals have one of the lowest levels of public support of all the world’s monarchies. Fully 37% of the Spanish public believes the country would be better off abolishing the monarchy, compared with just 15% in Britain or merely 4% in Japan.

    Time for Reform

    The 2010-14 economic crisis and the deepening of secessionist tensions in Catalonia detracted from the symbolic power of the Spanish monarchy. The public image of Juan Carlos has also suffered from scandals, such as his 2012 elephant-hunting trip to Botswana while he was presiding over the Spanish branch of the World Wildlife Fund. At the height of the 2008 economic crisis, members of the royal family were found entangled in a web of corruption involving the misuse of public funds amounting to approximately $7 million, which eventually led to the conviction of the king’s son-in-law for embezzlement.

    Embed from Getty Images

    When King Felipe VI replaced his father on the Spanish throne in 2014, the separatist tensions in Catalonia were only beginning to escalate. Just three years later, however, the Spanish crown would have to act to ease the growing territorial crisis. In October 2017, when a group of Catalan politicians was in the process of declaring the independence for Catalonia through an illegal referendum, King Felipe addressed the nation on television to condemn these regional politicians for placing themselves “outside the law and outside democracy.”

    In the eyes of many Catalans, this address proved the king was siding against Catalonia. Spain’s territorial secessionist crisis has profound implications for the Spanish monarchy because it challenges its unity and democratic institutions. October 2019 saw a resurgence of violent protests in Catalonia against the lengthy prison sentences imposed against nine separatist political leaders who declared, unconstitutionally, Catalonia’s independence in October 2017. During the clashes between pro-independence protesters and the police, King Felipe visited Catalonia and was received in Barcelona with great hostility.

    If the stability of the Spanish monarchy were merely a function of King Felipe VI’s efforts and intentions to reign more in tune with the real concerns of the Spanish people and with a less lavish lifestyle than his father, then the current scandal involving Juan Carlos I would likely leave the monarchy unharmed. However, the future stability of the monarchy lies in the evolution of the corruption probe into the former king’s assets set against a sociopolitical environment that is becoming more complex by the day. In this context, it is becoming increasingly clear that it is time for reform of the Spanish monarchy.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    COVID-19 Drives Conspiracy Theories and Islamophobia

    For the past decade, I have been researching the impact of Islamophobia on social media. After the outbreak of COVID-19, I was commissioned, alongside my colleague Roxana Khan Williams, by the chair and independent members of the Anti-Muslim Hatred Working Group to produce an evidenced-based research report that looks at the impacts of conspiracy theories perpetuated by the radical right and how these norms have impacted Muslims.

    For me, it was very clear that COVID-19 could be acting as a trigger event that would galvanize hatred against Muslims, but I needed to find out whether this has already started amid the pandemic. After examining a range of social media posts, we found that Islamophobic tropes pushed the narrative that Muslims were solely responsible for spreading COVID-19. This narrative was perpetuated by, firstly, dehumanizing Muslims; secondly, through creating a “them and us” narrative; and, finally, by driving forward the message that Muslims are not to be trusted.

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    It was clear that some of these narratives being pushed by the radical right had created Islamophobic online cyber hubs that had linked Muslims to the spread of COVID-19. This was being shown through the visual anti-Muslim memes and fake news stories shared across social media.

    We also found a shift in online trends that started by arguing that Muslims were superspreaders of the virus and then quickly moving on to the notion that they were also to blame for the virus in the first place. For example, according to digital human rights group Equality Labs, the hashtag #CoronaJihad had appeared nearly 300,000 times in global conversations on mainstream social media sites (excluding Facebook) in just one week between March 31 and April 6.

    In Britain, one video, shared on the Tommy Robinson News channel on the messaging app Telegram, alleges to show a group of Muslim men leaving a secret mosque in Birmingham to pray. Despite the fact the video is fake and West Midlands Police have confirmed the mosque is closed, it has been watched over 14,000 times.

    These issues led to offline incidents because people have used fake narratives on social media to portray all Muslims as being part of the problem. For example, in another viral tweet posted on March 26, a user claimed to have spoken to his local mosque in Shrewsbury, UK, and was “horrified” to find that this Mosque was still open. He added that the people inside could be “super spreaders” of the virus and urged the police to act.

    After a fact-finding exercise, it was quickly revealed by the police that there was no mosque in Shrewsbury. This example, along with numerous others, reveals how individuals can create fake news stories which, if left unchecked, can spread quickly on social media. We also found that online narratives were rooted in anti-Muslim bigotry through the dehumanization of Muslims. These themes of dehumanization also link back to how Muslims are being described as “vermin” and “disease.”

    We also found the depiction of British Muslims on social media becoming synonymous with them being a “risky and problem-group.” A number of fake news stories featured claims that Muslims are flouting social distancing measures to attend mosque. One picture, for example, taken outside a Leeds mosque, appears to show Muslims breaking the rules of lockdown despite this having been taken two weeks before the official lockdown began.

    Overall, the COVID-19 pandemic has created unity among groups and communities that have come together at this unprecedented moment. However, at the same time, it has caused wider divisions among smaller communities and groups, and has been used as a weapon by the radical right in promoting conspiracy theories, raising questions about how our society can come together to tackle the ills of social media.

    As lockdown measures ease, the worry is that we will start to see a rise in offline incidents. Unless we can get to grips with people’s attitudes online, we risk seeing more problems emerge. Social media companies can do much better and start the process of identifying perpetrators and working with the police and other agencies to combat the rise of Islamophobia online.

    *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Angry Tory MPs reject Joe Biden's comments on UK-EU Brexit talks

    Conservative MPs have reacted angrily to an intervention by Joe Biden, the US Democratic presidential candidate, in the UK Brexit talks, accusing him of ignorance of the Northern Ireland peace process.In a tweet on Wednesday, Biden warned the UK there would be no US-UK free trade agreement if the Brexit talks ended with the Good Friday agreement being undermined. He tweeted: “We can’t allow the Good Friday agreement that brought peace to Northern Ireland to become a casualty of Brexit.“Any trade deal between the US and UK must be contingent upon respect for the agreement and preventing the return of a hard border. Period.”His intervention was welcomed by Richard Neal, the chairman of Congress’s ways and means committee.The backlash was led by the former cabinet minister Iain Duncan Smith, who told the Times: “We don’t need lectures on the Northern Ireland peace deal from Mr Biden. If I were him I would worry more about the need for a peace deal in the US to stop the killing and rioting before lecturing other sovereign nations.”Donald Trump has made law and order a key theme of his re-election campaign after months of unrest triggered by the death of George Floyd in Minneapolis in May.David Davis, the former Brexit secretary, said: “Perhaps Mr Biden should talk to the EU since the only threat of an invisible border in Ireland would be if they insisted on levying tariffs.”Biden spoke out after the UK foreign secretary, Dominic Raab, met the House Speaker, Nancy Pelosi, in Washington in a bid to reassure her that the British government was not seeking a hard border on the island of Ireland via measures in its internal market bill, a move that is seen by the US pro-Irish lobby as potentially fatal to the peace process.Q&AWhat is the UK internal market bill?ShowThe internal market bill aims to enforce compatible rules and regulations regarding trade in England, Scotland, Wales and Northern Ireland.Some rules, for example around food safety or air quality,  which were formerly set by EU agreements, will now be controlled by the devolved administrations or Westminster. The internal market bill insists that devolved administrations  have to accept goods and services from all the nations of the UK – even if their standards differ locally.This, says the government, is in part to ensure international traders have access to the UK as a whole, confident that standards and rules are consistent.The Scottish government has criticised it as a Westminster “power grab”, and the Welsh government has expressed fears it will lead to a race to the bottom. If one of the countries that makes up the UK lowers their standards, over the importation of chlorinated chicken, for example, the other three nations will have to accept chlorinated chicken too.It has become even more controversial because one of its main aims is to empower ministers to pass regulations even if they are contrary to the withdrawal agreement reached with the EU under the Northern Ireland protocol.The text does not disguise its intention, stating that powers contained in the bill “have effect notwithstanding any relevant international or domestic law with which they may be incompatible or inconsistent”.Martin Belam and Owen BowcottRaab has argued that the measures in the UK internal market bill are proportionate, precautionary and necessary due to the EU’s politicising of the stuttering talks on a trade deal between the UK and the EU.However, the EU hit back on Thursday, saying an agreement on a trade and security deal remained conditional on the government pulling the contentious clauses in the internal market bill.The European commission’s vice-president for the economy, Valdis Dombrovskis, said: “If the UK does not comply with the exit agreement, there will no longer be a basis for a free trade agreement between the EU and the UK. The UK government must correct this before we continue to negotiate our political and economic relations.”The dispute between Biden and Downing Street poses a broader threat to UK interests if Biden, a pro-EU and pro-Ireland politician, decides to turn against Boris Johnson, who has made a virtue of his close relations with the Trump administration.The former UK trade minister Conor Burns tweeted: “Hey JoeBiden would you like to discuss the Good Friday agreement? It is also called the Belfast agreement so it doesn’t offend both traditions. Did you actually know that? I was born in NI and I’m a Catholic and a Unionist. Here if you need help.”The Conservative MP for Beaconsfield, Joy Morrissey, replied that “Biden is shamelessly pandering to the American Irish vote while refusing to engage with the UK government or UK diplomatic channels. Nice.”She later deleted her tweet, but added: “Clearly it’s all about the Irish American vote.”Burns added: “The error those of us who supported Brexit was to assume the EU would behave rationally in seeking a free trade agreement with a large trading partner like the UK..”Alexander Stafford, the Conservative MP for Rother Valley, tweeted: “Is this the same JoeBiden who once described Britain’s position in Northern Ireland as ‘absolutely outrageous’. And who hit the headlines in the 1980s for his stand against the deportation of IRA suspects from the US to Britain?”John Redwood, a leading Brexiter, said: “Trade deals are nice to have but not essential. We did not have a trade deal with the US when we were in the EU. Getting back full control of our laws, our money and our borders is essential.”Theresa May’s former chief of staff Nick Timothy rejected the frenzy, dismissing “the sudden discovery that Democrats don’t like Brexit and prefer the Irish”.Other Tory MPs including Stewart Jackson tweeted articles claiming that two of the representatives criticising the UK over the Good Friday agreement were overt IRA sympathisers, and a third was a supporter of Martin McGuinness, the now deceased former deputy first minister for Northern Ireland.The shadow foreign secretary, Lisa Nandy, said: “This shows the scale of the damage the government have done to Britain’s standing in the world. They’ve lost trust and undermined cooperation at the moment we most need it – and all to tear up an agreement they negotiated. Reckless, incompetent and utterly self-defeating.”Daniel Mulhall, the Irish ambassador to the US, has been working the corridors in Washington for the past fortnight, lobbying to lessen the threat the Irish perceive to the Good Friday agreement posed by the British proposals. He has been tweeting his gratitude to those representatives issuing support for the Good Friday agreement.No free trade deal between the UK and the US can be agreed unless it is supported by two-thirds of Congress.In a sign of Trump administration concern about the row, Mick Mulvaney, Trump’s former acting chief of staff, will shortly make his first trip to the the UK in his new role as the US special envoy for Northern Ireland.The Foreign Office, criticised by some for failing to anticipate the likely US backlash, will argue Raab’s visit to Washington may have drawn a predictable reaction from some corners, but was necessary to reassure and counter Irish propaganda.But UK diplomats will be anxious that the UK is not seen to adopt a partisan stance in the US elections, especially since Biden currently holds a fragile poll lead. More

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    Boris Johnson Pushes Unreason to an Extreme

    The Guardian offered its readers what is certainly the most comic and hyperreal sentence of the week when it reported that “Boris Johnson accused the EU of preparing to go to ‘extreme and unreasonable lengths’ in Brexit talks as he defended breaching international law amid a mounting rebellion from Tory backbenchers.”

    Here is today’s 3D definition:

    Go to extreme and unreasonable lengths:

    An expression that those who habitually go to extreme and unreasonable lengths in everything they do like to apply to those who oppose any of their extremely unreasonable acts

    Contextual Note

    We live in an era in which extreme and unreasonable discourse and action have become the most reliable tool for those seeking political, economic or social success. It explains how purveyors of extreme and unreasonable discourse have won recent elections in nations as diverse as the US, the UK, India, the Philippines and Brazil, to mention only those countries. 

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    Whether their names are Johnson, Donald Trump, Jair Bolsonaro, Silvio Berlusconi, Rodrigo Duterte, Elon Musk or Kanye West, each in his own patented way has perfected the art of outrageous hyperreality that thrives on projecting a personality that is extreme and unreasonable. The phenomenon goes beyond politics. In fact, it originates in the world of entertainment. West, an American rapper, did as much to inspire President Trump’s approach to politics as Trump did to convince West he could have a future in politics.

    The Guardian’s readers may be left wondering what kind of exceptionally outrageous behavior could merit Johnson, the British prime minister, calling European negotiators’ behavior “extreme and unreasonable.” Even during his career as a journalist before moving into politics, Johnson specialized in extreme and unreasonable exaggeration in his reporting of the news.

    In 2016, Johnson also went from the extreme of preparing an article for publication in The Telegraph in which he argued in favor of Britain remaining in Europe and warned that leaving the EU would provoke an “economic shock,” to leading the wing of the Conservative Party in the “leave” campaign for Brexit. That permitted him to identify himself with the cause of Brexit and assume the leadership of that faction of a party officially committed to remaining as a member of the European Union. He sensed that it would be the shortest route to Downing Street as he witnessed the wavering fortunes of David Cameron, the prime minister at the time.

    Embed from Getty Images

    So, what terribly extreme and unreasonable actions are the Europeans guilty of in Johnson’s eyes? Very simply, they disapprove of his proposed “internal market bill,” which calls for unilaterally overturning the withdrawal agreement Johnson signed last year to presumably settle the initial political conditions of the UK leaving the European Union. On Johnson’s own initiative, that agreement drew a border between Northern Ireland and Great Britain, which together make up the United Kingdom. 

    The law he is now proposing would permit him to effectively erase that border, leading to the necessity of creating a hard border between the Republic of Ireland and Northern Ireland. Keeping that border open as provided by the 1998 Good Friday Agreement — a deal that ended the violence between Catholics and Protestants — was the required condition for reaching any kind of permanent solution to the withdrawal of the UK from the European Union.

    Now, key members of Johnson’s cabinet have begun to revolt, as this is a clear violation of the terms of the withdrawal agreement that took so long to hammer out. Britain’s former ambassador to the US, Kim Darroch, now points out that the bill will be “hugely damaging to our international reputation.” He warned that “it could deter other countries from entering into agreements with the UK in the future.” He wasn’t alone. Five former British prime ministers have also expressed concern over the move. Darroch speculated on what might happen “if people think the Brits are just going to say: we didn’t like this on reflection, and we would like to rewrite this part unilaterally.”

    Historical Note

    During the centuries when the British dominated the world and owned an empire on which the sun never set, as a people they acquired the reputation of being committed to “fair play.” The French, who never had an entente with the British that was deeper than merely cordial, to this day identify the British as a people who want to be respected for maintaining the cultural value of fair play, at least as it applies to sports.

    The French have never been naive. They have always recognized that their British neighbors were perfectly capable of perfidy. To this day, the French will ironically trot out the expression “perfide Albion” to explain Britain’s positions concerning other nations. But Albion’s traditional perfidy was always subtle, carrying an air of reasonableness and delivered with what appeared to be a complicit smile. Boris Johnson’s is both extreme and unreasonable.

    Empires will always be suspected of perfidy, if only because everyone understands that they can, on a whim, betray treaties and agreements — and even their own stated principles and values — as they rely on their military prowess and financial clout to carry them through. To some extent, this becomes the law of empires, their way of indicating that the countries they deal with have a greater interest in being nice to them than they do in being nice to the others. 

    The irony this time — and some see it as a tragedy — lies in the fact that Britain hasn’t been an empire for at least 70 years. Johnson has become little more than Shakespeare’s “poor player who struts and frets his hour upon a stage” and someday soon will be heard no more. The burning question, when it comes to Johnson, Rodrigo Duterte and Donald Trump — whose exit may be announced in November — is this: What will the damaged landscape look like when those leaders specialized in upending their own cultures are gone?

    As the world breathlessly awaits the major events that affect every nation in the world — starting with the US presidential election in November and including the unabating drama of the waxing and waning of hopes to see the end of the COVID-19 pandemic — the British have the added angst of speculating about just how irreparably damaging what appears to be an inevitable “hard Brexit” on January 1, 2021, is likely to be. One thing seems to be sure: it will be both extreme and unreasonable. 

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Nord Stream 2: Leverage Against Russia?

    Following the poisoning of the Russian opposition politician Alexei Navalny with a nerve agent from the Novichok group, the possibility of using Nord Stream 2 to put pressure on Russia has been widely discussed. Specifically, there are calls to abandon the project, to impose a moratorium or to block gas deliveries through the pipelines if the Kremlin refuses to assist investigations.

    The Nord Stream 2 Baltic gas pipeline is highly symbolic, embodying the willingness of Germany and other European partners to cooperate with Russia. Five European energy companies hold stakes in the project, which is led by Gazprom. It began in 2015 — one year after Moscow’s annexation of Crimea — and has been the target of unrelenting criticism ever since, initially concentrating on Moscow’s declared goal of bypassing Ukraine.

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    The German government recognizes the project’s economic benefits for consumers and the gas market and has backed it within the existing legal framework under the paradigm of keeping politics out of business. In order to cushion Ukraine’s losses, Berlin also backed a Russian-Ukrainian agreement guaranteeing Kyiv gas transit revenues for another five years. To keep its options for completing the pipeline open, Berlin blocked attempts by Brussels to assert control. That is now both a burden and an opportunity.

    Pressure From Washington

    Recent developments have been largely driven by the US, which has successively stepped up pressure to abandon the project. The American Protecting Europe’s Energy Security Act has succeeded in stopping pipelaying since the end of 2019, and Congress has taken steps to make it impossible to resume the work. The US administration has also altered the guidance of the Countering America’s Adversaries Through Sanctions Act, threatening to penalize any entity or individual involved in construction since July 15, 2020.

    If construction is to resume, Berlin will have to act more proactively to counter the impact of Washington’s sanctions. On the one hand, it will be difficult to politically justify actively supporting the construction of Nord Stream 2, while on the other hand, Berlin must continue to reject and criticize such secondary sanctions as a matter of principle.

    Stopping Nord Stream 2 would be seismic. But what happens when the dust has settled? The government will have to make difficult choices. The following four aspects need to be considered.

    First, the immediate effect on the energy supply would be marginal. The project is neither — as so often asserted — a danger to European energy security, nor is it essential. Existing pipelines through Ukraine retain an annual capacity estimated at 100 to 120 billion cubic meters, with the Yamal-Europe pipeline through Poland and Belarus adding 33 billion cubic meters and Nord Stream 1 another 55 billion. There are also pipelines to Turkey and Finland. Together, these would easily cope with the peak volume of more than 190 billion cubic meters, which Gazprom supplied to Europe in 2017-18.

    Embed from Getty Images

    That means, conversely, that stopping Nord Stream 2 would not in the slightest reduce the volume of gas purchased from Gazprom. But this direct, efficient modern pipeline would reduce the risks of transit disruption and technical failure. Without it, Nord Stream 1 and its connecting pipelines become crucial.

    Second, indirect effects on the economy and energy supply are hard to estimate. Sunk costs in the Baltic would hurt Gazprom but would also be costly for European companies. Aside from the commercial repercussions, it should be remembered that Nord Stream 2 would improve the resilience of the European gas supply and that an expanded gas supply would benefit industry and consumers.

    The gas reserves on the Siberian Yamal Peninsula have already been developed, while the global LNG market can quickly tighten again. The “Energiewende” (green energy transition) will naturally reduce demand for natural gas, but the speed with which that occurs will also depend on an expansion of the power grid and a rapid, consistent transformation in heating and industry. Here, there is still much work to be done.

    Third, abandoning an economic infrastructure project for political reasons would represent a paradigm shift for Berlin. Major infrastructure projects undeniably have (geo)political implications, and other states do link business and politics in pursuit of national interests, too. That new geo-economic reality represents a challenge for Germany’s strategic sovereignty, also in the energy sphere.

    But that is precisely the point: Other states act in pursuit of their interests. For all the political fireworks, the project is a strategic asset for German commerce and industry. Germany and its EU partners would only be harming themselves if they stopped construction just to send a normative message to the Kremlin. Putin would probably interpret this as Germany simply caving to US pressure, further weakening the political signal

    Fourth, the normative justification raises questions: Is the situation really qualitatively new? Would earlier events not actually have offered more solid grounds? Here, we are confronted with an almost insoluble dilemma of the fossil-based energy system: We purchase oil and gas from authoritarian regimes every day. In that regard, the Energiewende has a geopolitical dividend.

    But make no mistake: Even a successful energy transition will rely on energy imports from these countries, and on the ability to reliably realize major infrastructure projects. The days of the special strategic energy partnership with Russia are over, but a functioning modus vivendi for trade and exchange with this big and resource-abundant neighbor remains essential. From that perspective, a moratorium would gain time for all involved. But the conditions for resumption would have to be clearly communicated, agreed with EU partners and implementable for Russia.

    *[This article was originally published by the German Institute for International and Security Affairs (SWP), which advises the German government and Bundestag on all questions relating to foreign and security policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    Failing to Protect the Independence of the European Commission

    I have always believed that the independence of members of the European Commission (EC) was a keystone of successful European integration. Commissioners are obliged by their oath of office to seek a European solution to problems, rather than just seek a balance between conflicting national interests. They have done so ever since 1958. This is why European integration has succeeded, while integration efforts on other continents have failed under the weight of national egoism.

    As the European Union grows, the independence of commissioners from national politics has become ever more important. Some believe the European Commission is too large. From an efficiency point of view, they have a point. But Ireland, among others, has insisted that despite this, each member state should have one of its nationals as a member of the commission at all times.

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    But if the one-commissioner-per-member-state rule is to be upheld as the EU enlarges, commissioners from all states — large and small — must demonstrate that they put European interest first and are not subject to the vagaries and passions of politics in their country of origin. In other words, European commissioners must be independent. All member states must be seen to respect this.

    This is why I am deeply troubled by the attitude taken by the Irish government, and then by President Ursula von der Leyen of the European Commission, to call for Phil Hogan to resign as EU trade commissioner. Both of them failed in their understanding of the European Union and of one of its vital interests — namely the visible independence of members of the European Commission from the politics of any EU state, large or small.

    I was genuinely shocked by what happened. Late in the evening of August 22, leaders of the Irish government called on Hogan to “consider his position.” That means to resign. They piled on the pressure thereafter, with a further statement on August 23 containing a political determination that he had broken the government’s quarantine rules to combat the spread of COVID-19 after returning to Ireland from Belgium. Hogan resigned on August 26. That was his decision and one he was entitled to make.

    Lessons From This Precedent

    But there are profound lessons to be learned by President von der Leyen — and by the European Commission as a whole — as to how and to whom commissioners should be held accountable, and a need to understand what this precedent means for the future political independence of commissioners from their home governments. Separately, there are also questions to be asked about the internal management of and the collegiality of the EC.

    I will set out my concerns here, drawing on the words of the EU treaty, which I helped draft as a member of the Convention on the Future of Europe.

    On August 26, von der Leyen clearly withdrew any active support from Commissioner Hogan and unquestioningly accepted the line of the Irish government. This influenced him to resign from his position. In this action, I contend that the president did not fulfill all of her responsibilities under the treaties. I know she faced genuine political difficulty. But the treaties were framed to deal with fraught political situations while preserving the independence of the EC and due process.

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    The European Commission is the guardian of EU treaties and should be seen to defend the rules laid down in the treaties under all circumstances, even when it is politically difficult. Article 245 of the treaty requires member states to respect the independence of commissioners. Ireland is bound by that article, after having ratified it in a referendum. One should note that Article 245 refers to respecting the independence of commissioners individually, not just to the EC as a whole.

    It is for the Irish government to say whether publicly demanding a commissioner’s resignation for an alleged breach of Irish rules is compatible with the Irish government’s treaty obligation under Article 245. But it had other options,

    If a commissioner is visiting a member state for any reason, he or she is subject to the laws of that state on the same basis as any other citizen. A visiting commissioner would not be above the law, nor would they be below it either. If they breached the law, due process in the courts ought to be applied — as with any citizen. This is what would have happened if the visiting commissioner was from any country other than Ireland and had experienced the difficulties that Hogan did, and due process would have been followed.

    The statements of the Irish government, and the unsatisfactory explanations by Hogan, created political problems for von der Leyen. She had to do something, but not necessarily what she did. Yet there were options available to her, which she inexplicably failed to use or consider.

    Rules Ignored

    Commissioners are subject to a code of conduct. Under that code, there is an ethics committee to determine if its guidelines have been breached. If the matter is urgent, there is provision for a time limit to be set for a report by the committee. Nonetheless, a reference to the ethics committee would have allowed for due process and a calm and fair hearing. More importantly, using this process would also have asserted the independence of the European Commission as an institution.

    The code says that it is to be applied “in good faith and with due consideration of the proportionality principle,” and it allows for a reprimand that does not warrant asking the commissioner to resign. Due to the course followed, we will never know if there was any breach of the code at all by Hogan.

    President von der Leyen’s failure to use these mechanisms seems to be a serious failure to defend due process and proportionality and to protect the independence of individual commissioners, as was required by the treaty. The EC and the European Parliament should inquire into why she did not do so. There are consequences now for the viability of the code of conduct if it is not to be used in a case like this.

    Criteria Not Applied

    Was what Phil Hogan did a resigning matter anyway? Article 247 allows for only two grounds for asking a commissioner to resign. These are that he or she is “no longer being able to fulfil the conditions for the performance of [their] duties” or “has been guilty of serious misconduct.” I do not think either condition was met in Hogan’s case.

    Hogan would have been fully capable of carrying out his duties while the ethics committee did its work. Instead, his position is now effectively vacant.

    Most people I have spoken to do not think the breaches committed by Hogan — while foolish — amounted to “serious misconduct” within the meaning of Article 247. Failure to recollect all the details of a private visit over two weeks, or to issue a sufficient apology quickly enough, may be political failing, but they hardly rise to the level of “serious misconduct.” Any deliberate and knowing breach of quarantine measures should have been dealt with in Irish courts without fuss.

    In any event, von der Leyen would have been far wiser to have gotten an objective view on all of this from the ethics committee before allowing Hogan to resign.

    Why Did the European Commission Not Meet?

    Another issue is the president’s failure to call an EC meeting if she was considering that a commissioner should resign. Under Article 247, it is the EC — not the president alone — that can make a commissioner resign, and even then it must be approved by the European Court of Justice. These safeguards were put in the treaty to protect the independence of the European Commission. They were ignored in this case.

    The subsequent weakening of the institutional independence of the commission is very damaging to European integration and to the interests of smaller EU states. This should be of concern to the European Parliament.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    How Alexei Navalny Created Russia’s Main Opposition Platform

    On September 2, German authorities stated that Russian opposition politician Alexei Navalny had been poisoned with a nerve agent from the Novichok group. Since August 22, Navalny has been treated at the Charité university hospital in Berlin, where he was transported from Russia in an induced coma.

    Navalny is best-known for his anti-corruption initiatives, particularly the Anti-Corruption Foundation, which is commonly known under its Russian abbreviation FBK. Since its inception in 2011, FBK has evolved into an important independent investigative media outlet funded by over 15,000 recurring donations from Russian citizens. Although Navalny is not allowed on Russian state-run television, FBK’s video investigations have been watched hundreds of million times on Navalny’s YouTube channel.

    In July, Navalny was forced to dissolve FBK after a libel lawsuit filed by Yevgeny Prigozhin, a US-sanctioned Russian billionaire accused of interference in the 2016 US presidential elections. Prigozhin is seeking 88 million rubles ($1.4 million) from FBK, Navalny and Lyubov Sobol, FBK’s lawyer and a prominent opposition activist. Despite FBK’s liquidation, its team continued to work as usual, and on August 18-20 was filming a new investigation in Tomsk, where Navalny is believed to have been poisoned.

    Breaking Through the Information Blockade

    Navalny’s anti-corruption crusade began in 2008, when he purchased a small number of shares in Russian publicly-traded oil and gas companies, including the majority state-owned Gazprom and Rosneft, and became an activist shareholder. He started publishing investigations into the opaque operations of these companies on LiveJournal, formerly a popular blogging platform in Russia.

    Launched in 2011, FBK initially published its reports on Navalny’s LiveJournal page. In 2015, it published its first investigative documentary on Navalny’s YouTube channel, previously used for promoting his Moscow mayoral candidacy in 2013. In the ground-breaking documentary, FBK accused Russia’s then-Prosecutor General Yury Chaika and his two sons of large-scale corruption, money laundering and links to organized crime figures.

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    Since then, FBK has regularly published its investigations on YouTube, pointing out the lavish lifestyles of Russian officials and visualizing complex ownership schemes of their businesses and properties. FBK’s videos were particularly appreciated for their humorous presentation, impressive drone footage of luxury properties and high-quality animations. By keeping the content entertaining and accessible while describing complex fraudulent schemes, Navalny managed to expand his follower base to include people from across the country and its social classes.

    In 2017, FBK published its best-known documentary, exposing the alleged corrupt activities of Russia’s then prime minister and former president, Dmitry Medvedev. The video was viewed over 36 million times as of September 2020. Shortly after the release of this investigation, Navalny’s YouTube channel gained one million subscribers, and Navalny announced the launch of a second YouTube channel, Navalny Live, intended for live streaming.

    In June 2017, TIME magazine included Navalny in its list of the 25 most influential people on the internet for “breaking through the Kremlin’s information blockade.” Navalny’s two YouTube channels became an influential alternative to state-run television and a vital source of information for many Russians. By September 2020, the two channels accumulated 4 million and 2 million subscribers, respectively.

    Transparency and Accountability

    FBK is widely credited for its scrupulous work with public records, which is the main source of information for its investigative documentaries. FBK has been actively challenging the common misconception that Russia is an opaque jurisdiction with poor record-keeping. Indeed, Russian authorities collect and publish a wealth of regularly updated data that is readily available free of charge or for a relatively small fee.

    FBK’s investigations are often based on information from Russia’s official land registry and corporate records as well as wealth declarations published by government officials. Based on open source information, in April 2019, FBK concluded that Russia’s longstanding minister of finance, Anton Siluanov, owned a plot of land in the elite Rublevka district outside Moscow and that, taking into account his declared income over the past 10 years, he could not possibly afford it.

    Similarly, FBK discovered that a neighboring plot of land is owned by an anonymous “natural person,” according to the official land registry. FBK claimed that the land is owned by the Russian Deputy Minister of Defence Ruslan Tsalikov; the size of the plot was exactly the same as the plot of land Tsalikov mentioned in his wealth declaration. Once again, FBK concluded that Tsalikov would not have been able to buy land in Rublevka considering his declared earnings. Both the finance and defense ministries confirmed ownership of the land but denied FBK’s allegations of illicit enrichment.

    Despite the overall transparency of the official Russian registries, names of senior public officials from Russia’s military and space sectors, and even their relatives, have been increasingly removed from the land registry filings on unclear legal grounds. For example, in November 2019, FBK stated that the 81-year-old father-in-law of Dmitry Rogozin, the head of Roscosmos (Russia’s space agency), disappeared from the land registry. His name was substituted by the “natural person” entry. FBK claims that he owns expensive properties on behalf of Rogozin. Rogozin has not responded to FBK’s allegations.

    Various global NGOs and think tanks, including Transparency International, have continuously classified Russia as a country with a high level of corruption. Russian government officials are often involved in illicit enrichment schemes, such as kickbacks, or conceal ownership of businesses and properties through their close associates or offshore shell companies. As demonstrated by FBK’s investigations into Tsalikov and Rogozin’s properties, officials tend to try to hide ownership by erasing their names from the official registries.

    Even though FBK can identify individual cases of illicit enrichment, Russia currently lacks the necessary mechanisms to investigate such allegations. Article 20 of the UN Convention Against Corruption defines illicit enrichment as a “significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.” While Russia ratified the convention in 2006, it refused to include Article 20. Due to this omission, FBK’s anti-corruption investigations have little to no legal consequences within Russia. Against this backdrop, Navalny has repeatedly claimed that political changes are necessary to end endemic corruption in Russia.

    Smart Voting Against United Russia

    As Russia’s leading opposition figure, Navalny has never concealed that FBK’s investigations are intended as a call for political action. His most recent investigations, including the one filmed in Tomsk, support his political campaign against candidates from the ruling United Russia party on the eve of the regional elections on September 13.

    This campaign is part of the so-called smart voting initiative, which is Navalny’s wider strategy to challenge the protracted rule of President Vladimir Putin and United Russia. The central election commission has refused to register Navalny or any other FBK employee as a candidate in elections since 2013, when Navalny came second in Moscow’s mayoral election with 27% of the vote. To challenge the situation, Navalny’s team used its reach to coordinate opposition voters to strategically and effectively beat United Russia candidates in hundreds of local and regional elections. In practice, this means voting collectively for the strongest non-United Russia candidate in any given district, regardless of his or her political affiliation or personal qualities.

    Embed from Getty Images

    In September last year, smart voting generated impressive results: Nearly half of the elected members of the Moscow city council — 20 of 45 members — had been recommended by the platform. During the campaign, FBK’s investigations into the source of wealth of prominent United Russia members in Moscow proved to be a vital agitation tool, given that Navalny or FBK have no access to popular state-run media outlets. According to a research paper published in March this year by Russian political analysts Ivan Bolshakov and Vladimir Perevalov, Navalny’s smart voting, on average, improved the results of opposition candidates by 5.6% in last September’s Moscow city council elections. For instance, FBK accused Andrey Metelsky, United Russia’s branch head in Moscow, of concealing his multimillion-dollar business empire by controlling it through his 75-year-old mother. Following the 2019 campaign, Metelsky lost his district to a candidate suggested by Navalny’s smart voting. Prior to that, Metelsky had continuously held office since 2001.

    According to the Charité hospital, on September 8, Navalny has been taken out of an induced coma and is reported to be responding to speech. His recovery will probably take a long time, and long-term after-effects cannot be ruled out. But it is worth noting that Navalny’s projects seem to be working smoothly even in his absence: The latest investigation, released on September 9, has already garnered nearly 3 million views. Acting under constant pressure from Russian authorities, Navalny and FBK focused on establishing autonomous operations that do not overly rely on any single person.

    On the eve of the 2019 elections, Navalny spent a month in jail for violating Russia’s strict protest laws, while his allies continued to shoot FBK documentaries and campaigned for smart voting. The smart voting platform has already provided its recommendations for the upcoming local and regional elections scheduled for September 13 and intends to do so for the 2021 state Duma elections.

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    The Mechanics of Discontent Visible in Berlin

    The vacuum of leadership and the visible missteps throughout much of the Western world have turned developed nations into a fertile ground for what some people see as the resurgence of modern versions of fascism. Until the past few months, such a statement would have sounded provocative at best, delusional at worst. But the evidence confronts us every day and the most sober, level-headed among us cannot avoid the suspicion that, thanks to a raging and still mysterious pandemic, we are living on some kind of political brink that could end up with the overturning of the existing social order.

    Katrin Bennhold, the Berlin bureau chief of The New York Times, reports on an event that, because it took place in Berlin, will fatally evoke ominous overtones for the average reader. The article bears the title, “Far Right Germans Try to Storm Reichstag as Virus Protests Escalate.”

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    At one point, Bennhold quotes an expert on far-right extremism, Matthias Quent, who offers his description of the motley crew participating in the event, which took place on August 29. “We have everything from Hare Krishna fans to Adolf Hitler fans on the streets. It’s a very disparate crowd but what unites people is an angry discontent with the establishment. It’s a mix of populist and egoist outrage,” he says.

    Here is today’s 3D definition:

    Egoist outrage:

    The ultimate expression of political revolt in individualistic Western societies where the ego has become the absolute reference and authority that founds every individual’s moral judgment

    Contextual Note

    With its title highlighting the dramatic action of the storming of the Reichstag, The New York Times may deliberately be making a mountain out of a molehill. It could be seen as a typical journalistic gambit of scaremongering to hook the reader, followed by more reassuring, level-headed analysis. The story contrasts, for example, with DW’s article on the same event that avoids pushing the idea of a neo-Nazi threat. Instead, it concentrates on the political and legal choices available to the immense majority of Germany’s people and its authorities seeking counter the attempts of the neo-Nazi right who are attempting to use the current health crisis to disrupt German politics.

    Beyond the headline, once it gets into the body of the story, The Times article itself gives a reasonably objective account of the event and its possible consequences. The quote by Quent confirms that the discontent behind the demonstration had little to do with building a neo-Nazi political force. The “populist and egoist outrage,” he mentions, should be interpreted as an unfocused cry of despair of a mostly younger generation that reflects a vague sense of decline in the authority of institutions and an absence of a political vision for the future.

    Embed from Getty Images

    Quent offers a particularly reassuring take that contradicts the implicit evocation of a return of Nazi stormtroopers. “In Germany, like many other European countries, we see that far-right parties are losing ground, that there is growing trust in incumbent governments. In the short term the pandemic can’t be exploited by far-right parties.” That doesn’t mean the protesters believe that today’s political institutions are doing a great job and should be encouraged to continue on their merry way.

    But Quent calls the outrage “egoist,” implying that it may simply be a symptom of the reigning individualism in contemporary German culture. The article also tells us that “Chancellor Angela Merkel’s government is enjoying high levels of trust and popularity, and the great majority of Germans approve of its virus control measures.” If all of that is true, the sensationalism associated with imagining a neo-Nazi resurgence begins to disappear.

    Because this is The New York Times, we know that the article was written for Americans who are always eager to know which foreign threat they need to be afraid of. Bennhold accordingly gets Quent to admit that the fly is in the ointment and things could quite possibly flare up again. “If the economy deteriorates further and unemployment rises,” she quotes him as saying, “that equation may change. Already, the AfD and more extreme far-right groups are trying to capitalize on the discontent as they begin positioning themselves for what may be a much uglier political scene some months from now.”

    Bennhold dutifully reminds us of this important point: “Even before the pandemic hit Germany, far-right extremism and far-right terrorism had been officially identified as the biggest danger to the country’s democracy.” She then offers several paragraphs of evidence that neo-Nazis have been infiltrating the police before concluding the article with a quote by Germany’s President Frank-Walter Steinmeier: “Far-right extremism has deep roots in our society. It is a serious danger.”

    In other words, The Times is up to the task of making sure that Germany lives up to the disturbing image Americans have of it.

    Historical Note

    Among the reminders of recent history included in the article, Katrin Bennhold offers an update for those who are still trying to digest the scary events from five years ago when the crisis caused by massive refugee immigration mostly from the Middle East seriously destabilized Germany and much of Europe. That paranoia, itself a direct consequence of the disastrous American wars in the Middle East, very directly contributed to the success of the Brexit vote in 2016 that was largely motivated by fear of extra-European immigration.

    Bennhold elaborates: “The migrant wave helped propel the AfD into Parliament in the last election, but the issue has lost much of its political potency, as the resettlement has been broadly deemed a success. And with its own lawmakers and voters deeply split over the country’s coronavirus measures, the party has seen its share of the vote dip below 10 percent in recent polls.”

    Most Americans, including most readers of The New York Times, were probably not aware of the fact Bennhold dryly reports today that all’s well that ends well or, more specifically, “the resettlement has been broadly deemed a success.” In 2018, Bennhold herself wasn’t very sure. In an article she co-authored with Max Fisher, they asked at the time, “Has the German migrant fight been resolved?” And the curt answer they gave was simply, “Maybe, but probably not.”

    This is the eternal problem with the news, even for a serious outlet like The New York Times. Crises sell in the sense of motivating the publication to write them up and spare no details in describing the extent of the damage as the crisis is unfolding. But when a crisis is resolved, totally or partially, unless it is the result of a sudden dramatic gesture, the news outlet will find other crises flaring up that are more urgent to cover. This is especially true when a policy devised to address a crisis is “deemed a success.” All journalists know that “deeming” is never newsworthy. Storming the Reichstag is.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More