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Citizens first unless business has an interest even if the Treaty of Lisbon may be at risk
To get the EU closer to its citizens. This was and remains one of the major objectives of the European Commission and the EP. Do you want to see what this means in practice? Have a look at the following: The Åland Islands form part of Finland since 1921 (not that long ago) yet with large autonomy from it guaranteed by the constitution-level Act of Autonomy. When Finland joined the EU in 1995, the Åland Islands managed to maintain the trade of duty-free goods in this archipelago between Sweden and Finland as an exception to the general rule of the EU law which requires the harmonization of legislation in the field of indirect taxation. In this way 4,000 people working on the ferries, from a total of 27.000 population, were able to continue making their life basically by trading the traditional in the area form of oral tobacco named snus. However, not long before the Commission, considering that snus, although far less harmful than cigarettes, is prohibited throughout the EU except in Sweden, decided that the islanders should abandon their tradition and, in addition to that, refrain from trading it in their ferries. As a result, Swedish ferries have now the monopoly of selling snus. In vain the autonomous government of the Åland Islands tried to explain that this was a 300 years culture and vital to the wealth of the region. The Commission adamantly went on and forbid the commerce of snus even in Swedish ferries when in Finnish territorial waters. Despite the inconsistency of simultaneously applying, in the case of Finland, the flag principle (Finnish vessels are not allowed to sell snus wherever they are since they are considered Finnish territory) and, in the case of Sweden, the territorial principle (Swedish vessels are not allowed to sell snus even in Finnish waters although Swedish territory) with the aim to eradicate the effective alternative to medical devices against smoking, the reality resists the regulatory craziness. Snus remains there omnipresent except that Finnish flag ferries are switching to Swedish flag ones in order to survive unfair competition. So far so good for the regulators, no major difficulties, who matters about few thousands people. Only that the devil lies with the detail. And the detail here is that the Åland’s autonomy provides for any international treaty signed by Finland which affects the islands to also be approved by the Åland Provincial Parliament, if the treaty is to be applied to the Province. Finland has by now (30.9.2009) ratified the Lisbon Treaty excluding the Åland islands but the Åland Provincial Parliament not yet. At the end of last February a Member of the Finnish Parliament, Kimmo Kiljunen (SDP) expressed his fears that Åland might vote against and hoped they won’t go out of the EU likewise Greenland did in 1985. Worse, if Åland quits, what will the rest of the Finnish say when according to the standard Eurobarometer only 45% of the Fins see the membership as a good thing? The former Finnish Supreme Court President and ECJ member Leif Sevón had anticipated that “the opposition by the Åland Islands may even jeopardize the ratification of the Lisbon Treaty” while Tuomas Ojanen, professor of constitutional law at the Helsinki University points out the delicate position Finland would find itself in such case. The Autonomy Committee (Självstyrelsepolitiska nämnden) of the Åland Parliament (Ålands lagting) has prepared an 18 page opinion for the Legal Committee (Lagutskottet), published 27 October 2009 but as yet no date for the crucial voting is foreseen. In the meantime, in Brussels nobody seems to be worried: this is an internal problem of Finland diplomats say, as if citizens do not count. What a pity! Instead of fighting an unfair case that may lead the European integration to disintegration, Commission and EP should re-vigorate the wounded free movement of goods principle by allowing snus, a healthier according to the scientific evidence product, in the market, avoiding thus numerous competition and internal market problems and most importantly show thus that they know how to get closer to the citizen.
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