The wider context of Rule of Law

Those interested in the latest developments of the serious Romanian crisis now unfolding (with the President now out of office until a referendum on 27 July decides his fate) are best briefed here. And it's good to see Der Spiegel producing a good article on how the situation is being viewed in Germany.
All I know is that none of the hot air being expended makes a damn bit of difference to the people who live in villages such as mine here in Brasov County. Everyone still has their couple of cows, pigs and a dozen hens - and ensures that the hay is collected. True I have water from the municipal system - but most of my old neighbours draw their water from a natural source they themselves tapped 40 years ago - and need the state system only for the delivery of their mail; the small primary school and a badly maintained road.
And the EC has been a disaster here - trying to kill the systems on which they live and subsidising the disastrous carbuncle of a guest house being completed on the hill opposite - an eyesore which will simply take money from the older people who offer charming b and b (cazare) experiences in their old houses.

Those who think that such declines in political systems are to be found only in the East should read the latest UK Democratic Audit.

And those who want a wider view of trends in Rule of Law might listen to the latest UK Reith Lectures which, this year, are being delivered by the globally-renowned, right-wing historian Niall Ferguson - supposedly on this theme. I've listened to the first and a bit of the second but, so far, can't find much about rule of law. It seems rather to be about

• the extent to which governments have  broken with the contract (I didn't know we had) with future generations
• the scale of indebtedness (Japan and UK in particular)
• the importance of institutions 

I'm hoping it sparks a debate. I’m no fan of Niall Ferguson  but he did make an important point when he suggested that there should be an additional criterion used in policy impact assessments – effect on future generations. This was part of his larger argument about how governments have in the past decade shoved a lot of debt on future generations – the British Private Finance Initiative (PFI) is just the most visible example (with 300 billion pounds being the latest estimate of what the final bill will be. Talk about a Faustian pact!

Romania's real tragedy

What passes in this country for political discussion has an increasingly paranoiac tone. I have found that venom between political personalities and groups generally reflects (a) an absence of significant policy differences between political parties and (b) their being "on the make" and committed to personal enrichment rather than (even the pretence of) the public good.

The result is those who lose elections are envious of every day the opposite lot has its snout in the trough (as distinct from theirs). Thus it has been with the two parties in America (the recent differences have been cultural rather than policy) - which are simply conduits for the cash which is needed in that country for candidates to stand.

Romanian political parties are opportunistic devices; they come and they go – and those elected often change their allegiance when they see the way voter opinion is going. Europe too easily assumed that Romania had an operational democracy!  

Citizens in Romania face rising prices and falling wages – but the political class has no time for such issues. For several weeks, all its efforts and time has been spent on power games. But parliamentary elections come in a few months. The people will not forget. We can expect the extreme parties – such as they are - to garner votes.

There seems a total absence of any independent voice of reason in this situation. Senior civil servants and those on a whole variety of state bodies are servants of the party which appointed them. Those who have been sacked in the past few days were the political appointments of “the other lot” – not the independent souls we imagine. Many of those in civil society (who signed the letters to Europe) have attachments. It is very difficult to survive without them. The media is part of the power struggle. And Universities are corrupted. And so it goes on. This is a systemic problem – not just the case of a crazy Prime Minister (or President) – and needs a systemic solution.

Romania has an incredible number of bright people – more intellectuals than any other country I know. At the moment they seem struck dumb. And, sadly, they are all highly competitive if not arrogant – and don’t seem capable of making alliances with one another to help pull the country out of its downward spiral. That’s the real tragedy!

If in fact there is a referendum later this month which asks citizens whether their President should be impeached, voters actually should be encouraged to score out the word “Basescu” on the ballot paper and replace it with “politicians”. That is the simplest way to tell them to start focusing on public problems and opportunities rather than on their own.

In the meantime, someone needs to start a discussion about the qualities Romania needs in its politicians and what sort of mechanism is needed to start recruiting and sustaining a new breed of serious people (on lower salaries and benefits) with some integrity.        

Is the Rule of Law under attack in Romania??

A couple of weeks ago, my blogpost heading read that Bucharest was becoming more like Budapest - in the insidious and autocratic way the new prime Minister (Ponta) was removing possible sources of challenge to his authority. This trend has now become positively unconstitutional - with, for example, procedures being altered overnight to allow the President to be impeached on a simple majority of citizens actually voting (rather than a majority of those entitled to vote) - and the Constitutional Court no longer being allowed to comment on parliamentary decisions. Parliament is now being invited to impeach the President - with a referendum scheduled on the matter for later this month (Basescu has already survived one such attempt a few years back). 
On the face of it, this is the replacement of politics by thuggery on a scale we haven't really seen since the 1930s. 
However, there is another point of view - that President Basescu's egotistical hyperactivity is preventing government; that institutions such as the Constitutional Court are still inhabited with a mixture of "place-men" (placed to do the bidding of those who placed them) and of old-Communists who are available to the highest bidder; and that, with the summer holiday almost upon us emergency decisions are needed to get rid of the President and allow some government.......It was, I am told, Basescu himself who changed the law to require a Presidential impeachment to have the support of 50% of citizens entitled to vote.
Another expat living in Romanian has done the "devil's advocate" bit much better than me.
So far we seen only a few people on the streets - compared with the numbers in the early months of the year (it's 40 degrees anyway) - but at least some prestigious organisations have been active in their protests. The following letter describing the most recent attacks has been sent to the Secretary General of the European Commission, Ms. Catherine Day

Bucharest, July 3rd , 2012

Civil society warning: the rule of law under unprecedented attack in Romania

Dear Mr President

Dear Commissioners

This is the third warning in less than two months, issued by a list of reputable Romanian civil society organizations, since the current Socialist-Liberal ruling coalition took power. The drift towards a non-democratic regime has continued, with serious steps taken in the last few days which will potentially affect the independence of institutions and the separation of powers.

• There were open threats to dismiss and replace the judges of the Constitutional Court, which by Constitution are irremovable during their term of office, coming from the top government officials (the Prime Minister, the Minister of Justice). On July 3rd all the judges of the Constitutional Court have signed an open letter and sent a protest to the Venice Commission, signaling the political pressures on the institution.
• The ruling coalition has dismissed the independent Ombudsman during the parliament plenary of July 3rd , without due cause. The Ombudsman is the only Romanian institution entitled to challenge the emergency ordinances of the Government before the Constitutional Court. Presumably, it is by emergency decree that the dismissal of the Constitutional Court judges before the end of their mandates will take place. Though by law the Ombudsman may be replaced only if s/he breaches the Constitution or the laws, the speedy proceedings used in the present case show that no consideration was given to the legal requirements. The Ombudsman is an essential institution in any rule of law country.
• In the notorious case of the ex-prime minister Adrian Nastase, who was convicted to two years in jail for corruption, the Minister of Internal Affairs, Mr. Rus, unusually called Mr Nastase after the verdict to negotiate with him the terms of the imprisonment. Political pressure was put on the police and the medical authorities in the hospital were Mr Nastase was taken after his failed suicide attempt, to extend his stay in the emergency hospital for about a week, with no medical reason, as the court has established subsequently. The prosecutors have started criminal investigations against three police officers and one doctor (who happens to be a former Socialist senator and under criminal investigation for corruption himself). The Minister of Justice called upon the Superior Council of Magistracy, the guarantor of the independence of justice, to refrain from taking position against the threats of Social-Liberal politicians to the judges and prosecutors. Fortunately, the Superior Council of Magistracy took a firm position against all interferences in the justice system.
• The Prime Minister acted against the Constitutional Court decision which stated clearly that the prerogatives of external representation of Romania belongs to the President, not to the Prime Minister. This equals contempt of the constitutional court which in itself undermines the basis of democracy and the separation of powers.
• The Official Gazette was shifted also by emergency ordinance, from Parliament to Government’s control, for the first time in Romania’s modern history. It cannot be a coincidence that among the first acts published in the Official Gazzette was the resignation of Mr. Voiculescu (one of the leaders of the ruling coalition) from the Senate, so that the High Court lost competence to judge upon his criminal file regarding graft allegations. The Government is known for its appetite for speedy legislation, when all acts enter in effect upon publication. This is why the legislator intended to put the Official Gazzette under the Parliament as a form of control between powers. Since the change, the relevant documents are published overnight in the Official Gazzette.
• Two members of the Parliament from the ruling coalition were declared by final court decision as incompatible with their mandate, because of conflicts of interests. In spite of this, they refuse to step down. Their colleagues from the Standing Legal Committee of the parliament seem to protect them, without offering any plausible explanation.
• On top of all, Mr Crin Antonescu, senator, president of the National Liberal Party and co-president of the ruling coalition, has declared publicly on July 2nd that all institutions that are “blocking the coalition from ruling”, and in particular the Constitutional Court, must be changed.

These are serious threats against the underlining elements of a rule of law state. Therefore we, Romanian civil society organizations, ask the European Commission to strongly urge the Romanian government and ruling coalition to stop their current actions against the rule of law and separation of powers.

We emphasize that the EU institutions have vigorously reacted previously, in the case of Hungary. We believe similar actions are necessary in our case. One such action would be to consider starting infringement procedures against Romania, based on the Charter of Fundamental Rights of the European Union, Art. 47.

We also want express our strong belief that the Mechanism for Cooperation and Verification (MCV) should continue, as an effective instrument for preserving democracy in Romania.

Group for Social Dialogue (GDS); Expert Forum (EFOR); Freedom House, Romania; Romanian Center for European Policy (CRPE); Romanian Helsinki Committee (APADOR-CH); ActiveWatch – Media Monitoring Agency (MMA); Romanian Independent Journalists’ Association (AZIR); Center for Independent Journalism (CJI); Center for NGO Assistance (CENTRAS); and Resource Center for Public Participation (CeRe)

One thing is for sure, Ponta (the PM) doe not seem to understand that, in the absence of a coherent statement to the external world about his actions, we are bound to believe that he is undermining the rule of law. 
The outside world does not properly understand the extent to which Romanian institutions which, in the old member states, are bastions of freedom are here sinecures occupied by placemen. For example who can respect a body which, asked to judge the constitutionality of a 25% cut in the salaries of public servants, ruled that it was legal - apart, that is, from itself!!

Koestler

I’m spending a fair amount in the past these days. Not my own but of historical figures – eg the incredible group assembled by Peter Watson in his German Genius; Miklos Banffy’s novels and diaries about life and events in Translyvania andAustro-Hungary in the first few decades of the 20^th century (I have just received his diaries); and some portraits of Berlin in the 1920s (by Otto Friedrich and Count Harry Kessler).

One thing it brings home is the exceptional nature of the normality in which I grew up and lived (the last 50 years). Now we face the turmoil which was normal for central Europeans in the first half of the twentieth century and have, I suspect, become so spoiled as to be unable to cope with what the future holds. 

One man perhaps embodies (by his life and open writings) that older generation - and that is Arthur Koestler (born in Hungary in 1905 and died in London in 1983). I have just finished his remarkable biography Koestler – the indispensable intellectual by Michael Scammel. This is a masterly account and analysis of the life of a brilliant polymath, a deep and restless thinker, first, about the political and ethical problems of his time, and, later, about the place of humanity in the universe. He was an ex-Hungarian, an ex-Communist, an ex-Zionist. He was exuberantly "continental", a cosmopolitan, frequently moving homes from one country and even one continent to another; a journalist, a campaigner against capital punishment, a hectoring controversialist, a political novelist, a voluminous autobiographer. He was usually (but not always) selfish, financially generous, arrogant but self-critical, introspective, neurotic, a manic-depressive, mercurial, sparkling, hot-tempered and uninhibited in behaviour, competitive, both repellent and charismatic

His writing made a powerful impact on me in the late 1950s and early 1960s. His book against hanging is one of these rare books (like Zola’s) which changed public policy (it certainly convinced me). And his essay on why we laugh was, for me, the first example of popular science.

Koestler rose from the lowest rung of the journalism profession, to a threadbare starving novelist, and finally to a man of distinction and of letters. While still in his 20s, he was appointed to a senior position in the prestigious Ullstein publishing company - but was sacked in 1932 just after he joined the communist party.
He migrated to Israel, became a Zionist and lived briefly in a Kibbutz. But later, as he did with Communism (after Stalin's "Show trials"), gave them both up. He was imprisoned by Franco in Spain, the Vichy French in France, barely escaped being caught by the Gestapo there, and served eight months in a British internment camp as a suspected communist agent and alien. He caroused with Albert Camus, Andre Malreaux, Jean Paul Sartre, Ernest Hemingway, George Orwell, and Simone de Beauvoir, to name just a few. He interviewed Albert Einstein and published with Sigmund Freud.
After Stalin's Show trials punctured his utopian ideas about the Communist revolution, Koestler spent the rest of his life in search of the political and philosophical Holy Grail of a revolutionary political system that would not yield to the morally bankrupt "means-ends" calculus of absolute power. And although he never found it, most of his books, including his magnum opus "Darkness at Noon" were spent in search of a solution to this and similar overarching philosophical problems. Here is an interesting article written about his writing by one of his many friends - George Orwell which is, of course, as fresh today as then.

Koestler's intellect range over such a wide range of subjects, that today, being able to do so, would never be though of. He was equally at home in discussing Quantum Physics, Political Science, Psychology or art and Anthropology. It is the depth and breadth of his knowledge that makes Koestler seem like the last of the Twentieth Century Intellectual Renaissance men.

His autobiographical writings (eg The Invisible Writing) probably give the most powerful insights into the first part of the 20th century - but, suddenly, in the mid 1950s, he put politics behind him and turned to science and para-science. You feel that he had lived such an incredible life by the time he turned 50 that he needed to reinvent himself.    

Milk Festival

Yesterday was Sirnea's mid-summer festival - traditionally a competition to choose the best milker of cows.
I'll lwt the pictures speak for themselves.......

Romanian wine and history

Decided to leave my laptop behind this week as I toured one of Romania’s less-well known areas which just happens to have a lot of vineyards. Located in the Carpathian foothills between Ploiesti and Buzau - with the village of Pietroase as the main centre of production of very good quality stuff. I remember from the early 1990s the narrow bottles with the etiquette of the old gold vase unearthed from the village – an etiquette which, unfortunately was filched by a new company (Bachus). 

A significant proportion of the village households make their own wine for sale at the door – so we had fun knocking doors to try to find the appropriate door; and wine. By late June, of course, the best stuff is no longer available – but we were lucky to find the last few litres of a great Merlot in one village – and a superb (sweet) Tamaioasa in another. And that was before we visited the cellars of Pietroase’s vinicular research institute from which I emerged with 10 litres of demi-sec Riesling and also of merlot (sec).    

And then a detour via the wine village of Urlati to visit the fascinating home of polymath - Nicolae Iorga (1871-1940) - in Valenii de Munte. 
Iorga’s life gives a profound insight into the Romania of these times.  He

was an historian, politician, literary critic, memoirist, poet and playwright. Co-founder (in 1910) of the Democratic Nationalist Party (PND), he served as a member of Parliament, its President and Senate, cabinet minister and briefly (1931–32) as Prime Minister. A child prodigy and polyglot, Iorga produced an unusually large body of scholarly works, consecrating his international reputation as a medievalist, Byzantinist, Latinist, Slavist, art historian and philosopher of history. Holding teaching positions at the Universities of Bucharest and Paris and several other academic institutions, Iorga was founder of the International Congress of Byzantine Studies and the Institute of South-East European Studies (ISSEE). His activity also included the transformation of Vălenii de Munte town into a cultural and academic center.
In parallel with his scientific contributions, Nicolae Iorga was a prominent right of centre activist, whose political theory bridged conservatism,nationalism and agrarianism. From Marxist beginnings, he switched sides and became a maverick disciple of the Junimea movement. Iorga later became a leadership figure at Sămănătorul, the influential literary magazine with populist leanings, and militated within the Cultural League for the Unity of All Romanians, founding vocally conservative publications such as Neamul Românesc, Drum Drept, Cuget Clar and Floarea Darurilor. His support for the cause of ethnic Romanians in Austria-Hungary made him a prominent figure in the pro-Entente camp by the time of WW1, and ensured him a special political role during the interwar existence of Greater Romania. Initiator of large-scale campaigns to defend Romanian culture in front of perceived threats, Iorga sparked most controversy with his antisemitic rhetoric, and was for long an associate of the far right ideologue A. C. Cuza. He was an adversary of the dominant National Liberals, later involved with the opposition Romanian National Party.Late in his life, Iorga opposed the radically fascist Iron Guard, and, after much oscillation, came to endorse its rival King Carol II. Involved in a personal dispute with the Guard's leader Corneliu Zelea Codreanu, and indirectly contributing to his killing, Iorga was also a prominent figure in Carol's corporatist and authoritarian party, the National Renaissance Front. He remained an independent voice of opposition after the Guard inaugurated its own National Legionary dictatorship, but was ultimately assassinated by a Guardist..

The Deserts of Transition?

For all the talk of European Commission transparency, it’s none too easy to get useful information about the projects on which its various Structural Funds and Operational Programmes spend so many thousands of millions of euros.

Nor, incidentally, have I seen anyone look at the role which such funding has played in the socio-economic development of this Region. A lot of money is spent on consultants evaluating the projects but their availability seems to be very restricted. And those who write these evaluations have no interest in biting the hand that feeds them – so no fundamental critique will emerge from that quarter.

I might expect journalists and academics to tackle such basic questions – except that they too have their reasons for not wanting to upset a gravy-train.

I have lived in central Europe for much of the past 20 years – and don’t need to worry about offending the powerful interests in the EC. So let me clearly say what I think about the contribution of Structural Funds  

It has helped into place the systemic corruption here – not least by adding to the incentives to pull the wrong sort of people into the political systems.

I doubt that a credible case can be made for its economic contribution.

Bulgaria and Romania have been able to spend less than 10% of the monies allocated to them.

That’s a pretty dismal picture – and a poor reflection on European journalism that no journalist seems to have posed, let alone explored, the question of what it has all really achieved for these countries. The opportunity was there in the past 2 years while the whole future of the Structural Funds was being reviewed – I rather belatedly woke up to this(rather inward if not incestuous) discussion at the end of January     

All this is by way of a preface to praise for one report which I stumbled across last week - Narratives for Europe from the European Cultural Foundation.Don’t be put off by the “deconstructionist” verbosity at the beginning – this was an interesting venture using EC funding to link up ordinary people in a lot of peripheral areas of Europe whether at weddings, playing music or in the final stages of their life in remote villages.

We are not looking to collect either official discourses or isolated individual stories. We are trying to identify common ground and shared representations, yes, but it is also about identifying diverging perspectives, conflicting desires, grey zones: the questions and even doubts expressed by people in Europe of all generations and backgrounds, particularly those engaged in arts and culture

Coincidentally, The Economist also published this picture of life in North East Bulgaria - whose poverty I saw for myself this time last year.

But the media I was reading hadn’t told me about the fascinating and sophisticated protests in Zagreb (Croatia) in the first half of the year

In February, March, and April 2011 up to ten thousand people assembled every other evening in Zagreb, and up to a couple thousand assembled in other cities. Besides a rhetorical shift (a strong anti-capitalist discourse unheard of either in independent Croatia or elsewhere in the Balkans), the crucial point was the rejection of leaders, which gave citizens an opportunity to decide on the direction and the form of their protests. The “Indian revolution,” previously limited to public squares, soon turned into long marches through Zagreb. It was a clear example of how “invited spaces of citizenship,” designed as such by state structures and police for “kettled” expression of discontent, were superseded by “invented spaces of citizenship,” in which citizens themselves opened new ways and venues for their subversive actions, and questioned legality in the name of the legitimacy of their demands. This was not a classic, static protest anymore and, unlike the famous Belgrade walks in 1996–97, the Zagreb ones were neither aimed only at the government as such, nor only at the ruling party and its boss(es). They acquired a strong anti-systemic critique, exemplified by the fact that protesters were regularly “visiting” the nodal political, social, and economic points of contemporary Croatia (political parties, banks, government offices, unions, privatization fund, television and media outlets, etc.). The flags of the ruling conservative Croatian Democratic Union, the Social Democratic Party (seen as not opposing the neo-liberal reforms), and even the European Union (seen as complicit in the elite’s wrongdoings) were burned. The protesters even “visited” the residences of the ruling party politicians, which signalled a widespread belief that their newly acquired wealth was nothing more than legalized robbery.And this is precisely the novelty of these protests. It is not yet another “colour revolution” of the kind the Western media and academia are usually so enthusiastic about (but who are otherwise not interested in following how the “waves of democratization” often do little more than replace one autocrat with another, more cooperative one). The U.S.-sponsored colour revolutions never put into question the political or economic system as such, although they did respond to a genuine demand in these societies to get rid of the authoritarian and corrupt elites that had mostly formed in the 1990s. The Croatian example shows that for the first time protests are not driven by anti-government rhetoric per se, but instead are based on true anti-regime sentiment. Not only the state but the whole apparatus on which the current oligarchy is based is put into question by (albeit chaotically) self-organized citizens. No colour is needed to mark this kind of revolution which obviously cannot hope for any external help or international media coverage. It did the only thing the dispossessed can do: marched through their cities. The emergence and nature of these Croatian protests invites us also to rethink the categories used to explain the social, political, and economic situation in the Balkans and elsewhere in post-socialist Eastern Europe.

In the general bemoaning of the small number of people who seem to be aware of (let alone sympathetic to) their European neighbours (now or in the past) let me salute and help shine a light on the writings of Clive James whose Cultural Amnesia is a unique and amazing set of vignettes of European.