Catalonia, an autonomous region in Spain, will hold an independence referendum on October 1.

Tensions between Spain and its Catalan region can be traced back to the 18th century when Spain conquered the Catalan capital of Barcelona. With the adoption of a new constitution in 1978, Spain granted some autonomy to the country’s 17 communities, including Catalonia.

Pro-independence parties have built political momentum in recent years by gaining a majority of seats in the Catalan parliament in 2015. In a nonbinding 2014 referendum, Catalan officials reported that 80 percent of voters were in favor of independence, however, turnout only reached 40 percent.

Beyond its historical and cultural differences with the rest of the country, Catalonia’s case for independence relies largely on the economic disparity between it and the other Spanish communities. Proponents of independence see this referendum as a way to separate wealthy Catalonia from the remaining, poorer segment of Spain.

Catalan lawmakers voted 72-63 on July 26 to allow the region to declare independence within 48 hours if the upcoming referendum passes, according to the Associated Press. However, the referendum on October 1 will not be met without opposition. Spanish Prime Minister Mariano Rajoy spoke out against the independence efforts during a press conference on July 28.

“There will be no referendum on October 1 because that is what the Constitutional Court has determined. […] The Spanish government is going to defend the law,” Rajoy said. Previous rulings from Spain’s Constitutional Court have said that attempts to secede would be unconstitutional.

Rajoy also tweeted: “After hearing the opinion of the Council of State, we filed an appeal to ensure compliance with the law and to protect civil servants.”

Some citizens are afraid to vote in the upcoming referendum because it could violate Spanish law and the directive of the country’s leaders. Polling stations must decide whether to even open and allow people to cast their votes. Across Spain, uncertainty remains in the months leading up to the referendum.

Marcus Dieterle

Marcus is an editorial intern at Law Street. He is a rising senior at Towson University where he is double majoring in mass communication (with a concentration in journalism and new media) and political science. When he isn’t in the newsroom, you can probably find him reading on the train, practicing his Portuguese, or eating too much pasta. Contact Marcus at Staff@LawStreetMedia.com.

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Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump Claims “Everyone” is Talking About John Podesta

Today is the first day of the G-20 summit in Hamburg, Germany. And this morning President Donald Trump tweeted: “Everyone here is talking about why John Podesta refused to give the DNC server to the FBI and the CIA. Disgraceful!” But it seems highly unlikely that world leaders gathered in Hamburg would all be talking about John Podesta, and Trump got his facts wrong. Podesta was Hillary Clinton’s campaign chairman; he didn’t have the authority to hand DNC files over to law enforcement. Podesta actually fully cooperated with the investigation into the Russian hacking, and the DNC did give information to the FBI that pointed to Russian interference in the election. Also, the FBI was in charge of the investigation, not the CIA. Overall, this wasn’t a particularly factual tweet from Trump.

1) This wasn’t Podesta’s decision 2) It was the FBI, not FBI and CIA 3) There is a 0% chance foreign leaders brought this up at the G20 https://t.co/zlwrnD8WOT

— Daniel Dale (@ddale8) July 7, 2017

Also on the docket for the G-20: Trump will meet Russian President Vladimir Putin face to face for the first time. Expectations are high, and many hope Trump will bring up the Russian hacking into the U.S. election. The two leaders met briefly this morning for a handshake, and the proper meeting will take place later today.

First handshake between Trump and Putin is posted by Angela Merkel on Facebook https://t.co/woi4FuDoHz pic.twitter.com/oS7Pxqm9er

— Gizmodo (@Gizmodo) July 7, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: July 7, 2017 appeared first on Law Street.

Spanish surrealist artist Salvador Dalí died at the age of 85 in 1989 without having children with his longtime muse and wife, Gala Dalí. But on Monday, a Spanish judge ordered the body of Salvador Dalí to be exhumed in order to obtain samples for a paternity suit launched by a 61-year-old woman claiming to be the daughter of the late artist.

Pilar Abel, a Madrid-based tarot card reader, has been trying to prove that Dalí is her father for years. In an interview with Spanish newspaper El Mundo in 2015, she said, “the only thing I’m missing is a mustache.” But Abel has thought Dalí was her father for nearly her entire life. Her grandmother was the first to tell her about her alleged father one day when she was 8 years old. Her mother verified the claim but did not make a big deal about it because “she didn’t want to throw stones on her own grave,” according to The New York Times.

In 2015, Abel filed a lawsuit in Madrid in which she claims that her mother had a friendship that developed into a “clandestine love affair” with Dalí. Abel claims it happened when her mother worked as a maid in the Port Lligat home of a family who often vacationed in the Spanish fishing village. Dalí also had a house there.

The alleged affair occurred when Dalí was married to his muse Gala, born Elena Ivanovna Diakonova. The couple had an unconventional relationship and never had children.

This isn’t Abel’s first attempt to verify her paternity claim. According to the court decision, she sought two paternity tests in 2007. One of which was executed by American toxicologist Michael Rieders using gastric tubes that had been used to feed Dalí during a 1984 hospitalization. Dalí’s former assistant and biographer Robert Descharnes helped Abel carry out the test. The results were inconclusive, which Rieders attributed to the “secondary” nature of the DNA. For conclusive evidence, he suggested, Abel would need direct access to Dalí’s remains.

However, Abel claimed she never received the results of the DNA test. Her paternity suit in Madrid in 2015 was meant to obtain the results or have additional testing conducted. Descharnes’ son, Nicolas, disputed Abel’s claim in 2008, claiming that the doctor had told Abel that the test was negative.

If the court finds evidence to confirm that Abel is Dalí’s daughter, she could use his surname and may be entitled to part of his estate. She told The New York Times that she hopes the lawsuit delivers recognition of her father’s true identity, and “after that, whatever corresponds to me.” Abel is most likely referring to Dalí’s $325 million estate that was given to the Spanish Kingdom following his death, which is why her lawsuit is against the Spanish state–the legal owner of the estate.

Abel’s lawyer said a date has not yet been set for the exhumation, but that it could happen as soon as July. The Dalí Foundation, which manages his estate, has said it will appeal the decision in the coming days.

Gabe Fernandez

Gabe is an editorial intern at Law Street. He is a Peruvian-American Senior at the University of Maryland pursuing a double degree in Multiplatform Journalism and Marketing. In his free time, he can be found photographing concerts, running around the city, and supporting Manchester United. Contact Gabe at Staff@LawStreetMedia.com.

The post Salvador Dalí’s Body to be Exhumed in Paternity Suit appeared first on Law Street.

Gibraltar, British Overseas Territory in Spain’s southernmost tip, could prove a sticking point in the UK’s exit negotiations with the European Union. Over the weekend, European Council President Donald Tusk published a letter containing the bloc’s guidelines for the split with Britain, or Brexit, a process that could take as long as two years. The letter contains a passage that quickly angered the British government and the leader of Gibraltar, which Britain captured in 1704:

After the United Kingdom leaves the Union, no agreement between the EU and the UK may apply to the territory of Gibraltar without the agreement between the kingdom of Spain and the UK.

In the days since the letter’s publication, the governments of Britain and Gibraltar reacted strongly to the EU’s concession to Spain, which is an EU member. In an interview with Reuters on Monday, Gibraltar’s chief minister, Fabian Picardo, said the passage was “clear Spanish bullying.” He added that Tusk “is behaving like a cuckolded husband who is taking it out on the children.”

The spat has even led a former MP to suggest that British Prime Minister Theresa May was willing to go to war to defend the territory of 30,000 people. In response to the strong reactions, Spain’s Foreign Minister Alfonso Dastis said his government “is a little surprised by the tone of comments coming out of Britain, a country known for its composure.” But May insists there will be no military conflict, and that further negotiations will smooth out any concerns. “We want to negotiate the best possible deal for the UK and the best possible deal for Gibraltar,” she said.

Britain’s exit from the EU, which 52 percent of the country supported in last June’s referendum, officially began last week, when May triggered Article 50 of the Lisbon Treaty. Many expect the divorce to be a painful one, and Britain’s waning influence in Europe was evident with Tusk’s mention of Gibraltar in his guidelines for the split.

Gibraltar overwhelmingly voted to remain in the EU (98 percent), but it has also repelled Spanish attempts at governing the “Rock,” as it’s affectionally nicknamed. In a 2002 referendum, 98 percent of the populace voted against a proposal for joint British-Spanish sovereignty. According to British Foreign Minister Boris Johnson, a vocal proponent of the Leave campaign last summer, the territory’s status will not change anytime soon. “The sovereignty of Gibraltar is unchanged and is not going to change,” he said.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Could Gibraltar Derail the Brexit Negotiations? appeared first on Law Street.

On January 27, the Spanish prime minister appointed Edelmira Barreira Diz to be the “Commissioner for the Demographic Challenge.” The “sex tsar,” as the media has dubbed her, will be responsible for addressing Spain’s depressed fertility rate and relieving the socioeconomic implications of an aging population. Spain is one of many European countries that have begun to recommend that their citizens have more children. Italy, Denmark, and Sweden have all launched fertility campaigns as well. While many have championed immigration as a means of easing Europe’s demographic dilemma, few governments can open their borders without facing backlash from an increasingly xenophobic European public. By sidestepping immigration, fertility campaigns represent an implicitly ethnocentric response to Europe’s aging populations.

A decreasing fertility rate is considered an important trait of economic development. European fertility rates have been dropping for decades and, as a consequence, the age of the average European is climbing. Many experts fear Europe’s growth-oriented economies are reaching an impasse. As retirees begin to make up a larger percentage of the overall population, there will be proportionally fewer young people to pick up the slack. The economic challenges these long-term trends potentially pose are beginning to loom large for many European officials.

While there is debate on whether or not the ratio of workers to retirees holds bearing over economic performance, governments throughout Europe are seemingly behaving as though it does. During the Euro-crisis, the continent’s aging population was often mentioned as a factor possibly hindering the recovery. The fact that the European Union and individual European states are working to reduce the average age of their respective populations is indicative of their belief that youth is key to ensuring long-term economic stability.

Immigrants are often pegged as quick and effective supplements to an aging labor force. However, with anti-immigrant sentiments are flaring, any argument in favor of immigration is bound to cause fervent controversy. By encouraging fertility, governments can address concerns about an aging population and avoid acknowledging the merits of immigration.

In doing so, fertility campaigns hark back to a time when fascist European governments demanded their citizens give more children to the state. Like campaigns of the past, modern efforts ignore the question of immigration and instead encourage the cultivation of a new generation of citizens who will one day contribute to continued economic growth. While seemingly tame, fertility campaigns are a resurgent trend that implicitly enforce nationalistic notions of who is valuable and who is not. Far right groups remain particularly concerned with fertility. They see high rates of domestic fertility as a source of national strength and the fertility of immigrants as a threat to the social fabric. Last year, Germany’s right wing party, Alternative for Germany, leaked a manifesto outlining policies that would incentivize German women to have three or more children.

European governments are unwilling or unable to address their perceived aging problem with policies that would upset the vociferous anti-immigrant faction. While these contemporary fertility campaigns are related in comparatively innocuous terms, they work to emphasize the value of citizens and minimize, or entirely ignore, the value of immigrants.

Callum Cleary

Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

The post Fertility Campaigns Fight Population Shifts but Reinforce Anti-Immigrant Sentiments appeared first on Law Street.

A political gridlock has rattled Spain for the past nine months, leaving the country without a national government and with a fractured legislature. Officials within this parliamentary constitutional monarchy simply haven’t prevailed in forming a coalition government among longtime feuding politicians. Operating under stressful conditions, the 350-seat assembly in the lower house of Congress cannot reach a consensus over the fate of Prime Minister Mariano Rajoy and his contested People’s Party (PP). In spite of the group’s initial landslide victory in 2011, today the Spanish parliament (known as “Cortes Generales” in Spanish) is divided on whether or not the incumbent should be allowed to claim minority-rule within the estranged governmental system. The past two attempts to hold national elections were inconclusive due to the PP failing to earn a majority vote, despite receiving the highest numbers during the first plebiscite on December 20, 2015. 

For all intents and purposes, Spain is still a relatively young democracy. The death of former dictator Francisco Franco in 1975, for example, permitted the restoration of democratic rights and the development of a stringent two-party structure split between conservatives and socialists. With Spanish politics more stratified than ever before in recent history, there are more competitors seeking political representation and trying to secure power–making negotiations all the more complex. The fact of the matter is that none of these parties have succeeded in gaining the majority vote throughout the past two elections, hence the ongoing volatility and third round of polling looming over Spaniards’ head. In acknowledgment of Spain’s dynamic intergovernmental structure, this article attempts to introduce readers to some of the most central characters and predicaments within this game of political charades.

The Important Players

Mariano Rajoy: Even with rampant opposition, Mariano Rajoy still serves as the “caretaker” Prime Minister of Spain and leader of the conservative-leaning PP. Ultimately, the native Galician aspires to serve a second-term as prime minister, which would theoretically end what some consider to be political mayhem. Easier said than done, though, considering the polarization of Spanish politics. Nowadays he is scrambling to regain power by trying to win a vote of confidence from his colleagues, which has yet to yield positive results considering the fierce opposition he faces from the Spanish Socialist Workers’ Party (PSOE).

Made evident by Rajoy’s fall from grace, many of these issues stem from the parliamentary requisite for an absolute majority–meaning that despite receiving the most votes in the past two attempted elections, the PP still lagged behind. Adding fuel to the fire, Rajoy’s reputation started to tarnish after his PSOE rival, Pedro Sánchez, accused him of financial corruption. Allegedly Rajoy was in cahoots with the former treasurer, Luis Bárcenas, in operating a “secret slush fund” for the PP’s campaign purposes. Today Bárcenas is serving time for corruption, money-laundering, and tax evasion after it was exposed that he hoarded 47 million euros in Swiss bank accounts.   

“I made a mistake in maintaining confidence in someone we now know did not deserve it,” said Rajoy, who maintained his party’s innocence. “Nothing related to this matter has prevented me, nor will it prevent me from governing.”

Pedro Sánchez: At the forefront of opposition against Rajoy is the former secretary general of the PSOE, Pedro Sánchez. Compared to other lawmakers, he and his deputies are influential players in hindering Rajoy’s attempts to form a minority government. Originally King Felipe of Spain appointed Sánchez to pioneer a new system following Rajoy’s decline. Earlier this month, though, Sánchez resigned after a tense 11-hour deliberation with fellow party members on October 1. Sánchez, who was considered to be Rajoy’s most prominent antagonist, was ousted after the party ruled against him in a 132-107 vote. Spirits appeared to be deflated after senior PSOE member José Antonio Pérez Tapias told reporters outside the assembly that “the party is broken.” Now that Sánchez is seemingly out of the picture, many Spaniards believe that Rajoy will finally be able to regain the support he needs to rejuvenate Spain’s central government.  

King Felipe VI: Looming over Rajoy and Sánchez is King Felipe VI of Spain, who certainly complicates today’s political conundrum based on how he plays “both sides of the fence.” For example, it is the king’s monarchical duty under the constitution to appoint (or rather endorse) an elected prime minister, but lately this seems more like a neglected formality. At this point in the political impasse, the head of state and commander-in-chief of Spain holds little clout when it comes to restoring order. King Felipe VI was originally responsible for endorsing Sánchez to pioneer a new and improved government after Rajoy’s foundation plummeted. However, Sánchez and his Socialist party also lack the necessary parliamentary support to win majority-rule as well–only possessing 85 seats of the 350-seat legislature. To add insult to injury, his attempts to beckon Rajoy to power (once again) were also unfruitful. 

Contributing Factors to the Political Paralysis

What all of these delegates have in common are earnest intentions to alleviate Spain’s long-standing economic issues. Following the aftermath of the 2007 economic crisis, 4.8 million Spaniards are jobless–leaving Spain with an unemployment rate of 20 percent, one of the highest in the developed world. In light of this national issue, two other parties have materialized to challenge the dual-partisan system and remedy the record-high unemployment rates. One of these groups is Ciudadanos (meaning “Citizens” in Spanish) led by Albert Rivera, one of the most popular Spanish leaders. The centre-left party forged an alliance with PP to create anti-corruption measures in parliament and help Rajoy find his way back into office. Conversely, there is also Unidos Podemos (meaning “United We Can” in Spanish) who are known for their staunch opposition against austerity measures and leftist-leaning ideologies. Pablo Iglesias, Unidos Podemos’ young charismatic leader, feels good about shaking up Spain’s status-quo.

“What happened was nothing short of revolutionary,” said Iglesias in reference to the collapse of Spain’s longstanding two-party arrangement in December. “Because even with an electoral system that promotes bipartisanship, we have this completely new landscape.”

Another indelible factor complicating Spain’s election is the stratification among regions vying for more autonomy, specifically in regards to Catalonia. Every political body appears to have a different opinion about their quest for sovereignty. The wealthy region where Barcelona is located recently promised to hold another referendum for independence in September of 2017, which will certainly infuriate certain individuals and potentially plunge the country into further confusion. PP and Ciudadanos are hesitant to approve the secession, PSOE is open to making constitutional changes, while Unidos Podemos is completely willing to allow the region to secede.

Conclusion

If a coalition government isn’t formed by October 31, then we can anticipate King Felipe VI will dissolve parliament and enforce a third-round of elections on Christmas day, which is an outcome many Spaniards are dreading. According to the Spain’s main newspaper El País, this would be an “unmitigated disaster.” Yet with Sanchez’s recent resignation, many speculate that Rajoy’s party now yields higher chances to obtain a true majority. Upcoming regional elections in Galicia and the Pais Vasco (Basque Country) are also expected to play important roles in determining the outcome of Spain’s national governance. Galicia’s highly anticipated election may serve in Rajoy’s favor considering that he is from the northern region himself and could prospectively align himself with the newly elected officials. For the time being, though, onlookers can expect a lot more negotiating and emblazoned attempts to form much-needed alliances. Let’s hope that the rivalries simmer down in the interim. 

Resources

Al Jazeera: Spain: Is This the End of the Socialists?

Financial Times: Spain: Political Stalemate in Madrid

The Guardian: Spain Eyes Basque and Galician Elections to Break Political Deadlock

The Guardian: Spain Moves Towards Rightwing Government After Socialist Quits

The Guardian: Unidos Podemos: Spain’s Leftwing Alliance Hoping to End Political Impasse

New York Times: Spain’s Interim Leader Bids to Form New Government

Reuters: Center-Right Roars to Victory in Spain Election

Reuters: Spain’s Socialist Leader Quits and Opens Door to End of Deadlock  

The Spanish Report: Pedro Sánchez Resigns As PSOE Leader

The Spanish Report: PP Wins Most Votes but Loses 63 Seats, Rajoy Says he will Try to Form a New Government

Sputnik News: Spain’s Citizens and People’s Party Ink Alliance Deal Before PM Investiture Vote

The Telegraph: Spain’s Mariano Rajoy Reels Under Corruption Charges in TV Debate

Wall Street Journal: Spain’s Socialist Leader Resigns in Potential Breakthrough to Country’s Political Impasse

Jacob Atkins

Jacob Atkins is a freelance blogger and contributor for Law Street Media. After studying print journalism and international relations at American University, Jacob now resides in Madrid where he is teaching English, pursuing multimedia reporting projects and covering global news. Contact Jacob at staff@LawStreetMedia.com.

http://jacobson.pressfolios.com/

The post Dreaded Third Round of Elections Predicted for Spain: How Will it Escape Political Gridlock? appeared first on Law Street.

Soccer star Lionel Messi has been sentenced to 21 months in prison, after he was found guilty of three counts of tax fraud in a Spanish court. But legal experts have cautioned that given the nature of his crimes and the length of his sentence, the Barcelona player probably won’t serve any time actually behind bars.

Messi’s father was also sentenced to 21 months in jail for tax fraud but he too probably won’t serve time. The two defrauded Spain of $4.5 in between 2007 and 2009. According to BBC they were found guilty of “using tax havens in Belize and Uruguay to conceal earnings from image rights.” In Spain, those found guilty of financial crimes and sentenced to under two years in jail are able to serve that time on probation. This will require them to stay out of legal trouble while they are on probation, as well as meet other requirements. They both could be facing hefty fines, as well, but given Messi’s enormous net worth, even hefty fines shouldn’t be a big burden for the star.

Messi’s team, Barcelona, has issued a statement of support for their player and his father, saying:

The club, in agreement with the government prosecution service, considers that the player, who has corrected his position with the Spanish Tax Office, is in no way criminally responsible.

At this point, Barcelona is the only team that Messi plays for, given that he recently announced his retirement from the Argentine national team and international soccer.

Both Messis are expected to appeal their cases. Here’s a press release explaining the appeal:

The Messi press release in English where it confirms he will appeal to the Supreme Court pic.twitter.com/v6QLS8xadG

— Guillem Balague (@GuillemBalague) July 6, 2016

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Lionel Messi Sentenced for Tax Fraud appeared first on Law Street.

Here at Law Street, we cover the big issues that matter to our readers–from entertainment, to politics, to the law. ICYMI, check out our top issue briefs of the last year, and make sure you start 2016 just as informed as you were in 2015.

#1 School Dress Codes: Are Yoga Pants Really the Problem?

Image courtesy of eric pakurar via Flickr

Anyone who has been inside of a high school in the last five years has seen some interesting fashion choices by today’s teenagers. Teachers are expected to teach to the tests, teach students how to survive in the real world, personalize the curriculum for IEP students of all levels, and still have their work graded within twenty-four hours. And now? Some districts are adding another dimension: dress code enforcement. Dress codes are an important part of school culture, as they sometimes dictate whether or not a student can even attend class. Some things make more sense when it comes to the dress code: no short-shorts, no shirts with offensive sayings, and no pants that sag too low. There are also some questionable additions to the dress code, namely yoga pants, leggings, spandex running pants and other clothing that fights tightly to the body. With the seemingly endless stream of issues that American school teachers are responsible for this begs the question, are yoga pants really the problem? Read more here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Top 10 Issues of 2015 appeared first on Law Street.

Barcelona wants independence. The parliament of Catalonia, the region in which Barcelona lies, voted to secede from the Spanish government by 2017. But this may or may not happen. Spanish Prime Minister, Mariano Rajoy, has already publicly denounced the move and has plans to fight it. The region of Catalonia, especially Barcelona, is a prime destination for tourists visiting Spain. Although the news might come as a shock to outsiders, the seed of independence has been growing in the region for years. But why? And what are its chances of success?

Recent Events

On November 9, Catalans approved a plan to eventually withdraw from Spain. The two pro-succession parties won a majority of legislative seats in the Catalan parliament in a landmark win back in September, which paved the way for the recent parliament vote. The “Together for Yes” alliance won 62 seats in the 135 member parliament. In addition to the Together for Yes alliance, the pro-independence Popular Unity Candidacy Party (CUP) won another 10 seats, adding up to a majority. The local Catalan government is led by President Artur Mas of the Democratic Convergence for Catalonia Party, which is part of the alliance.

However, there is a slight caveat. A majority of seats doesn’t necessarily equate a majority of the popular vote. An odd Spanish election law grants a greater percentage of seats to rural areas with fewer voters. In other words, the two parties received just 48 percent of the vote, but a majority of the seats. Catalans who live in rural areas tend to favor separatism more than those in urban areas, but the vote gave more voice to rural Catalans. The leading candidate of the anti-independence Citizens Party, Ines Arrimadas, responded, “[Artur Mas] said the majority of Catalans were with him. Today the majority of Catalans turned their back on him and the only thing he must do is resign.”

“Together for Yes” and the CUP both favor separatism; however, they aren’t always in tune. For example, the CUP initially claimed it wouldn’t approve a succession plan unless the two parties cumulatively received more than 50 percent of the vote. The CUP also favor immediate withdrawal, in contrast to the current 18-month succession plan supported by the Together for Yes Parties. Back in September, the CUP’s leading parliamentary candidate, Antonio Banos, claimed that the CUP would not back Mas for president. However, differences were put aside (at least temporarily) to approve the current plan.

Members Approve A Withdrawal Plan

The plan for withdrawal was approved by the regional parliament of Catalonia with a vote of 72 to 63. But after the vote, Spanish Prime Minister Rajoy immediately claimed he would appeal the decision to the Constitutional Court and would join forces with the main opposition leader fighting against the cause. However, the plan instructs the regional government to not follow a contradicting court decision, calling for Catalonia to begin drafting a constitution within 30 days. The new constitution is to be voted on in a referendum in the future and the plan instructs the government to implement a new tax office and social security administration. Anti-secessionist branches of the Catalan parliament initially tried to block the vote, but the Constitutional Court ruled in favor of the vote a week before. Although the court supported the vote, it is still expected to swiftly deem the plan illegal.

Leadership

Artur Mas’ third term is far from guaranteed. Most likely, the Catalan parliament will begin a debate over whether Mas should continue his reign as head of the region’s government. Mas only retains 62 of the required 68 votes needed to stay in his position. Obviously, the anti-independence parties are against him, as is the CUP. Mas has a history of conservative austerity policies. Either way, the regional parliament must form a government by January 9 or call for new elections.

The move toward Catalan separation will be a hot topic in Spain’s upcoming national election. Rajoy’s response to the issue may be a determining factor in whether his party, the People’s Party, will remain in power.

A Brief History of Catalonia

The Catalan people are extremely proud of their unique culture and identity. This is true for those that want to be an independent nation and for those that identify as Spaniards as well. Catalonia borders the Mediterranean Sea in the northeast of Spain and is separated from southern France by the Pyrenean mountains. Barcelona serves as the region’s capital.

Catalonia became a part of Spain when King Ferdinand of Aragon married Queen Isabella of Castille in the 15th century. Although Spanish culture seemed to be taking over the region, a resurgence of the Catalan identity emerged in the 19th century. This period saw the beginning of Catalonia’s campaign for political autonomy and at times, separatism. The movement was rewarded when Spain became a republic in 1931 and gave Catalonia its much-desired autonomy. Shortly afterward, Barcelona fell to General and dictator Francisco Franco, as did its autonomy. Franco heavily restricted the Catalan government, culture, and language.

The death of Franco in 1975 restored many freedoms to Catalonia, even though the bad blood has never quite been forgotten. Today, Catalonia has a “Generalitat” made up of its parliament and executive. The Catalan language is publicly used in education, government, and the media. Almost all Catalans are bilingual, speaking Spanish in addition to Catalan. As a region, Catalonia excels in manufacturing and technology. While it previously focused on textile production, its economy now centers on chemicals, food processing, and metalworking.

Why does Catalonia want independence?

Long story short, the desire for independence comes down to three basic elements: politics, economics, and nationalism.

Spanish Prime Minister Mariano Rajoy’s conservative People’s Party is the fourth largest in Catalonia and strongly opposes the Catalan independence movement. Artur Mas is the leader of the Convergència Democràtica de Catalunya (CDC). The CDC, along with the left wing Equerra Republicana de Catalunya Party, the conservative Christian Democrates de Catalunya Party, and the social-democratic Moviment d’Esquerres Party make up the Together for Yes coalition. Although the political leanings of these four groups vary widely, they all want Catalan independence.

Catalonia is widely considered the industrial hub of Spain. It also brings in a large amount of money from its tourism industry. All in all, it produces 18.8 percent of Spain’s economic output. Many natives feel that Catalonia gives more to Madrid in taxes than it receives in government investment. Spain’s economic crisis only exacerbated these sentiments. Lastly, Catalonia pride needs to be taken into account. Catalans are immensely proud of their traditions and culture including food, language, and football.

An Informal Vote

In November 2014, an unofficial vote took place in Catalonia asking if the region should be independent. Over two million people voted out of approximately 5.4 million eligible voters. Over 80 percent of the voters backed an official referendum on Catalan independence. The vote occurred despite strong opposition from the Spanish government.

On the ballot, there were two questions. First, if Catalonia should be a state and second, if that state should be independent. In total, 2,236,606 Catalan citizens took part in the vote. A little over 10 percent voted yes for the first question and no to the second. Approximately 4.5 percent voted no to both questions.

Spanish Justice Minister Rafael Catala declared the vote to be a “sham” and stated, “The government considers this to be a day of political propaganda organized by pro-independence forces and devoid of any kind of democratic validity.”

However, the unofficial vote was an important factor leading to the official vote on independence. It proved the strength and numbers behind the movement.

Response

The Catalan independence movement was officially halted by Spain’s Constitutional Court shortly after the regional government’s vote as the court announced it would hear the Spanish government’s appeal. This is an official suspension pending the court’s ruling.

The government appeal was swift. Prime Minister Rajoy proclaimed, “This is an appeal against a resolution that aims to break up the unity of Spain.” He said, “this is about defending a whole country.” Spain’s economic crisis has resulted in the unemployment of one in five Spaniards. A major fear is that the loss of Catalonia will disrupt the country’s recovery.

The court’s ruling stated, “This is a warning to [Catalan leaders] that if they fail to comply with the suspension, they may commit disobedience.” However, as mentioned above, the Catalan government does not plan to adhere to the Constitutional Court’s ruling.

European leaders also warn that independence could result in an ejection from the European Union and the economic and security benefits that membership has to offer. However, leaders of the independence movement believe there may be ways to side-step such an ejection.

Tensions between Catalonia and Spain are increasing considerably and will likely continue as the dispute continues. Rajoy did not invite Mas to his meeting with Spanish political leaders concerning jihadist terrorism, although Catalonia has a relatively high level of jihadist activity relative to the rest of Spain.

Conclusion

As Catalonia’s attempt to secede from Spain mounts much remains to be seen. How will the Spanish Constitutional Court rule? How will the ruling realistically affect the endurance of the movement? The upcoming national election will be extremely telling in regards to the movement’s future. It will be a hot topic on candidates’ platforms and the country’s reaction as a whole will be insightful.

Another question to keep in mind is will the anti-independence Catalan citizens make a stand? There are many people convinced that the independence-seeking citizens in Catalonia may not even constitute a majority. Regardless, the world is watching.

Resources

BBC: Catalonia Profile

BBC: Catalonia Vote

CBS: Catalonia Makes it Official

CBS: Pro-secession Parties in Catalonia Win Landmark Vote

Euro News: Spain

The Irish Times: Standoff Puts Catalonia’s Independence Plans in Jeopardy

The Telegraph: Why does Catalonia Want Independence from Spain?

The Local: Catalonia Elections

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

The post Independence for Catalonia: Will it Become a Reality? appeared first on Law Street.

At the end of September, the autonomous community of Catalonia, Spain held local elections for the regional legislature. The election was called for in January by Regional President Artur Mas to serve as a public referendum for Catalan independence. If pro-independence candidates received enough support, that would constitute a mandate to pursue formal independence from Spain–and they did. The two parties supporting independence received a majority of seats in the local election, validating Catalan voters’ desire for independence. But that election was municipal, and it remains unlikely that parties supporting independence will get a majority when the national elections come in November. Also, any attempt to make Catalonia an independent state is still prohibited under the Spanish Constitution. So, what does the recent vote mean for the potential for an independent Catalonia and why do they want to break away in the first place? Read on to learn about the background behind the movement and its prospects in the future.

A Brief History of Catalonia (1714-1975)

On September 11, 1714, the Catalan capital of Barcelona fell to King Philip V of Spain. In the aftermath, Spain imposed its own laws on the conquered territory, replacing the historical laws and government of Catalonia. Many believe this was an early attempt to replace the Catalan language with Spanish. Future Spanish governments would eventually ban the use of Catalan in schools, newspapers, film, and eventually (under Franco) everywhere. People caught speaking Catalan faced stiff penalties including imprisonment, fines, and beating. In the 1960s, a policy of encouraged migration from the rest of Spain was enacted by the Franco regime.

Reading books in Catalan and speaking the language in public eventually became a form of civil disobedience. September 11 became a day on which Catalans gathered to recognize their own historical heritage and further their desire for autonomy. With their own language, a history dating back over 1,000 years, and more than 7.5 million residents current residents, Catalan have a legitimate claim to independence.

The Rise of Separatist Rhetoric in Catalonia

In 1978, three years after the death of Francisco Franco–the country’s dictator from 1939 to 1975–Spain adopted a new constitution that granted some autonomy to various communities across the country, including Catalonia. However, the constitution also solidified the indivisibility of Spain, making any attempt at breaking away from the Spanish nation illegal. In fact, the constitution explicitly entrusts the military with the responsibility to keep the country whole. The post-Franco period was characterized by a swift and seamless transition to democracy, as well as Spain’s quick entry into NATO and the European Union. The transition also led to the devolution of power, giving more power to individual regions within Spain, yet Catalans remained dissatisfied with their lack of formal control.

The Spanish constitution divided the nation into 17 autonomous communities, several of which had historical and cultural legitimacy–like Basque Country and Catalonia–while others were artificially created, like Madrid. These communities form a somewhat loose confederation centered around Madrid. The Catalan people have a longstanding dissatisfaction with the current autonomous community model largely based upon the financial and historical realities of the Catalonia region.

Separatist parties in Catalonia have won a lot of support in local elections, culminating thus far in the September 2015 election, which witnessed major gains by the Junts pel Si (Together for Yes) coalition. At present, groups in favor of secession from Spain have an outright majority in the Catalan Regional Assembly. Catalan President Artur Mas has spent the last several years organizing town-by-town, non-binding referendums on Catalonia’s independence. On September 29, Mas was summoned by the Catalan high court regarding a 2014 referendum, accusing him of abuse of power, embezzlement, and disobedience. The Catalan regional government denounced the charges, claiming that they are politically motivated.

Although the 2014 referendum was non-binding, officials reported that 80 percent of voters were in favor of Catalan independence from Spain. However, the turnout for the referendum was only about 40 percent, and the  Spanish government considered the vote illegal according to the constitution.

Arguments for Catalan Independence

Catalonia’s apparent desire for independence encapsulates much more than a cultural and linguistic heritage. Historically, Catalonia has been a prosperous region for Spain, launching its own industrial revolution in the 19th century while the rest of Spain attempted to maintain an agrarian economy based off of large landholders. Catalonia demanded public money for infrastructure that would allow for its modern, industrial economy. In response, the Spanish landholding elite viewed the Catalans as leeches on their economy. Today, the consequences of social and economic disagreement have led to many anti-Catalan stereotypes. Many conservative Spaniards still view Catalonia as a region that receives and demands too much public money.

Statistically speaking, Catalonia contributes approximately 20 percent of Spain’s GDP, making it the most productive region in Spain. Catalans argue that the Spanish government takes more in taxes than it gives back in public funds. This sentiment is generally pretty inaccurate. When compared to other prosperous regions across Europe (such as Bavaria, Germany and Paris, France), Catalonia’s fiscal deficit is significantly higher than those similar regions. Catalonia remains one of the highest taxed regions in all of Europe.

When the global recession hit in 2008, these financial deficits were brought into the forum of public discourse, with Catalans believing they were paying too much to cover the rest of Spain. While the regional budget in Catalonia is €22.5 billion for 2015, a Reuters article from 2012 found that Catalonia contributed at least €12 billion to the rest of Spain in taxes. Over the last 12 years, Catalonia’s share of the national budget has fallen from 16 percent in 2003 to 9.5 in 2015. Building on an existing desire for political and cultural autonomy, recent economic trends have bolstered the movement for independence.

The Political Climate in Spain

Catalan independence is a particularly controversial subject among Spaniards. Soccer matches between FC Barcelona and Real Madrid have become open forums for either anti-Spain or anti-Catalonia sentiment, depending on who’s hosting.

Historically, two major parties have controlled the political sphere in Spain. The Socialist party and Popular Party (PP) have traditionally traded control of the government back and forth since 1978. Spain has had very little experience with compromise, as Franco maintained unilateral control before his death. Coalitions are rarely formed and winning parties often feel a mandate to govern–even without an absolute majority. Given the May 2015 elections, which led to the rise of the Podemos and Ciudadanos parties at the local level, many Spaniards believe a new era of compromise politics is coming. However, that remains to be seen as national elections won’t be held until November.

In the meantime, the inflammatory rhetoric of Spain’s historically diametric political system will continue to put a strain on both Madrid and Catalonia as tension over independence mounts.

Influences of the 2014 Scotland Referendum

The referendum for Scottish independence, which was held at the end of 2014, did not go unnoticed in Catalonia. While 55 percent of Scots rejected independence from Great Britain, Catalans came away inspired. Many people in Catalonia want Spain to offer them the option to vote, as the UK did for Scotland. The Catalans say they simply want the right to the same self-determination that the Scots received.

.@Zerohedge explains the difference, until now, between #Scotland & #Catalonia http://t.co/BZV4CiuUua #democracy pic.twitter.com/fAEkVRiLuw

— This is Catalonia (@ThIsCatalonia) September 22, 2014

Leading up to the 2014 referendum, there was a growing percentage of Scots in favor of secession. However, in polls conducted shortly before the election that number was only around 40 percent. In Catalonia, recent polls suggest that an estimated 60 percent would vote in favor of secession.

The Scottish campaign was never as strong as the Catalan campaign is now. Leading up to the referendum, most Scots were divided over whether separation from the UK would be beneficial or harmful. Additionally despite a strong sense of national identity in Scotland, even the population that defined itself as purely Scottish was not overwhelmingly in its support of independence.

Most Catalans believe their state would be better off as an independent nation than it currently is. Those who identify as purely Catalan are overwhelmingly in favor of secession.

What Comes Next?

Although national elections are slated for November, it remains to be seen whether the new parties will able to experience success on a national level. However, it seems unlikely that any third-party group will be able to win an outright majority. Spain appears headed for its first confrontation that requires meaningful compromise in domestic politics. In the meantime, independence advocates in Catalonia will likely continue pushing for independence and changes to the Spanish constitution in order to allow for legal referendums.

It’s unclear what an independent Catalonia would do for Spain or the European Union financially. What does seem clear is that if Catalonia achieves independence, it could lead to similar movements in other regions of Spain such as Galicia and Basque, and possibly the dissolution of Spain as we know it.

Conclusion

Catalan separatists have scored a major victory by winning an outright majority in their regional assembly. Non-binding referendums have been held and there appears to be a significant interest in the Catalan people to form their own country within the EU. However, the separatist movements face staunch resistance from the rest of Spain and the Spanish Constitution. The inflammatory nature of rhetoric on both sides and Spain’s own lack of experience with internal compromise will likely pose a problem for the country. Spain will face mounting tensions up until the national elections in November. The results of those elections could determine not only the fate of Spain in the coming years but also the very union upon which the nation is built.

Resources

Endboard Productions: Spanish Secret Conflict

BBC: Spanish Elections: Podemos and Ciudadanos make gains

BBC: Catalan Election: Looming Independence or Little Change in Spain?

BBC: Catalonia’s Push of independence from Spain

BBC: Catalan Independence: Mas Called to Court over 2014 Referendum

The Guardian: Scotland Independence Referendum: The View from Catalonia

EurActiv: Local Elections Send Shockwaves through Spain’s Political Establishment

New York Times: Vote Fails to Settle Dispute on Secession by Catalonia

Montserrat Guibernau: National Identity, Devolution, and Secession in Canada, Britain, and Spain

Angela K. Bourne: Europeanization and Secession: The Cases of Catalonia and Scotland

Seth Jolly: Voting for Nation or State: Determinants of Independence Support in Scotland and Catalonia

Kieran McConaghy: Scotland and Separatism: Reverberations of the Scottish Independence Referendum on Separatist Politics

Samuel Whitesell

Samuel Whitesell is a graduate of the University of North Carolina at Chapel Hill having studied History and Peace, War, and Defense. His interests cover international policy, diplomacy, and politics, along with some entertainment/sports. He also writes fiction on the side. Contact Samuel at Staff@LawStreetMedia.com.

The post Secession in Spain: The Fight for an Independent Catalonia appeared first on Law Street.

Mobile room finder Airbnb has built a global business turning people’s spare rooms into quick money makers, and it’s easy to see why. Personalized renter profiles, diverse global listings, and easy payment options are enticing millions of out-of-towners to sign up. But for Jacob Lopez, his Airbnb stay in Spain wasn’t the “unique travel experience” he was looking for, and has raised many questions about Airbnb’s safety policies.

The 19-year-old is alleging that on July 4 he was held captive and sexually assaulted by his Airbnb host, while staying in Madrid. However, the most shocking part of Lopez’s story is that the horrible encounter could have potentially been prevented had Airbnb employees responded more seriously to his mother’s desperate pleas for help.

Jacob Lopez’s @Airbnb horror story is a cautionary tale. http://t.co/iU0KksvIuG pic.twitter.com/nQYJE6qtwJ

— smh.com.au (@smh) August 16, 2015

According to the New York Times, Lopez sent  his mother, Micaela Giles, a series of messages begging for help after his host locked him in the fourth-floor apartment, cut off his internet access, and began “rattling knives in the kitchen” while pressuring him to engage in a sexual encounter. He says that his host, who was born male and living as a female, repeatedly tried to kiss him and ordered him to take off his pants unless he wanted to sleep in the streets without his belongings.

Giles immediately phoned Airbnb requesting help, but employees would not give her the address where her son was staying, or call the police. They did give her the number to the Madrid Police, telling her to have them call Airbnb and formally request the address, but the number only led her to a Spanish voicemail that kept disconnecting her. When she tried to call the Airbnb representative again, her calls went unanswered.

That night Lopez was eventually able to escape after persuading his host to free him, but not after first being sexually assaulted. When police finally questioned the host she denied threatening him and said that “the sex act was consensual and that he is transphobic.”

The Times wrote,

The Madrid police would not comment on the investigation, though his host said that they had already visited her and that she expected to be exonerated.

This story is both terrifying and cautionary, but how was it even able to happen? One would think that Airbnb would have a responsibility to its guests to ensure their safety, but in this case, conflicting polices reportedly prevented them from acting in an appropriate moral capacity. According to the same Times article,

On one hand, Airbnb wants sexual assault victims to be able to decide for themselves when, how or if to report a crime. On the other, the company wants to report crimes in progress when customers are in danger and will turn over information quickly if the police request it.

In this case, the Airbnb employees claimed that they didn’t know that they were being asked to help prevent a potential assault, as opposed to hearing about one that had already happened. That confusion led them to respond in the manner they did.

Airbnb execs are currently reviewing and updating the company’s safety procedures so that cases like this won’t happen again in the future, but that does little to help this victim. Lopez is now back in Massachusetts and undergoing trauma therapy, but this should serve as a serious wakeup call for Airbnb about their safety training.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post This Horrific Airbnb Assault Never Should Have Happened appeared first on Law Street.

Like the United States, many European nations increasingly face an illegal immigration problem. As the sinking of a boat carrying migrants last week showed, this problem is also very deadly. But what is inspiring these migrants to risk everything and head for Europe? Read on to learn about the immigrants coming into Europe, the groups facilitating that process, and the issues with which Europe needs to contend in light of the influx of illegal immigration.

The Sinking and Legacy

On April 19, 2015, a boat on its way to Italy carrying illegal immigrants from places as far and wide as Eritrea and Bangladesh, capsized off the coast of Libya. The overcrowded boat overturned after ramming a Portuguese cargo ship, the King Jacob. A full count of the deceased is still unknown.

A Recurring Problem

While the recent wreck was a tragedy, it certainly was not the first and likely not the last boat filled with illegal migrants headed for Europe to sink. In fact, such incidents have happened frequently and speak to a much larger trend. In 2014 for example, as many as 218,000 migrants were estimated to have crossed the Mediterranean from Africa to Europe. This year, 35,000 have already been suspected of crossing from Northern Africa into Europe.

Those who have made the crossing must be considered the lucky ones. Attempted crossings lead to a substantial number of deaths at sea. Last year 3,500 people were believed to have perished during the attempted crossing. That number sits at around 1,600 this year, with the most recent sinking taken into account. Unfortunately these numbers are only likely to increase. Prior to this incident, since October 2013, there have been at least four other occurrences in which a boat carrying migrants had sunk while carrying at least 300 people.

Human Trafficking

These trips tend to be organized by human traffickers. The traffickers are predominantly Libyan bandits, militia, and tribesmen. There are two main routes these smugglers take to get their human cargo through Africa and into Europe. The eastern route stretches as far as Somalia, while the western one reaches Senegal. Regardless of the routes’ starting points, migrants are funneled to Libya where they are then launched from either Benghazi or Tripoli in overcrowded and rickety boats toward the coast of Italy.

Unfortunately, traffickers’ tactics have recently began to change, making them even more nefarious and hard to prevent. Many traffickers have begun abandoning their ships en route to Europe–literally leaving the ships without steering of any kind. The smugglers obtain a large cargo ship, then during the trip advise their migrant-manned crews to call for help while they abandon the ship. The reason why the smugglers do this is two fold: First they are paid up front so it does not matter to them whether these migrants actually make it to Europe or not; secondly, by abandoning the boat they reduce their own chances of being arrested and can then smuggle more people and further profit. This practice has extended the smuggling season from spring and summer to all year round, but has made the crossing even more dangerous.

The industry has become especially appealing for traffickers in the last few years as traditional sources of income have disappeared as a result of government upheaval. Additionally, those doing the actual trafficking in many cases are would-be migrants themselves, which makes stopping the practice extremely difficult. The video below briefly explains the harrowing journey from Libya to Europe and all its difficulties.

Why do migrants cross the Mediterranean?

With all these dangers in mind, why do migrants risk crossing the Mediterranean? The answer varies for each individual, yet some reoccurring themes present themselves. Many of these themes are similar to the reasons why people attempt to migrate to the United States. First, many of the migrants are escaping danger back home. This ranges from country to country as well–for example, there has been an increase in migrants from Syria due to the civil war in that country.

Along with danger, another major impetus is economic. Most of the migrants attempting the journey are young men looking for opportunities. The goals of these men naturally vary, but often the promise of success and the ability to send earnings back to their families is a common desire.

While migration to Europe has become popular, it was not always the top destination for migrants. In the past, migrants had also attempted to go to places such as Israel and Saudi Arabia; however, with Israel increasing security and with Saudi Arabia engaged in a military conflict in Yemen, these routes have dried up. Whichever route the migrants take, they risk abuse ranging from robbery to rape and murder. In response to these dangers and the increasing deterioration of Libya, some migrants have tried crossing through Morocco instead, a much more difficult route.

Impact on Europe

When migrants successfully make the journey to Europe, the onus shifts from their handlers to European authorities. Since many migrants arrive in Europe without identification of any kind, it can make it much more difficult to send them back. This, in effect, makes migrants asylum seekers who are then held in refugee camps. Once in these camps, migrants may continue onward in Europe where travel restrictions have been reduced as part of the open-border aspect of the European Union.

Migrants are sometimes also allowed to move throughout Europe due simply to the cost of supporting them. Italy, the destination for many migrants, was spending as much as $12 million dollars a month on its search and rescue efforts in the Mediterranean. Another popular hub, Greece, spent $63 million in 2013 fighting illegal immigration. The problem both these countries, and other southern-European countries, face is that while they are part of the EU, the costs of their efforts have been almost entirely their own burdens to bear. These costs can be especially painful, considering the same countries that serve as these initial destinations for migrants are the ones also currently dealing with recessions. The video below highlights the issues each country in the EU deals with in regards to immigration.

The reason why countries such as Italy and Greece are footing the majority of these bills is due to their immigration laws. According to something referred to as the Dublin Regulation, a migrant must be processed as an asylum seeker upon entering a country. Once the person has been processed in that country, they become the responsibility of that particular nation. The following video shows the strategic routes immigrants take into Europe and reiterates how asylum status is achieved.

The design of this system naturally leads to problems, chief among which are accusations by richer northern-European countries that their southern neighbors are letting migrants pass north in an effort to reduce costs for themselves. In response to these allegations and as a result of bearing what it perceives to be an unfair burden, Italy cancelled its search and rescue mission last year. In its place the EU created the Triton Mission, a program similar to Italy’s, which focuses on rescuing migrants. Moreover, as part of a proposed ten-point plan in response to the most recent ship sinking, the mission is slated to increase in size. Another aspect of that plan is a program that is supposed to be implemented to return refugees to their countries. Nonetheless, even if the EU goes forward with its goal to expand the Triton mission, it will still be smaller than the one Italy disbanded last year.

Conclusion

Despite being described by several sources as modern day slavery, the practice of illegally ferrying immigrants from Africa and elsewhere to Europe is unlikely to stop or even slow down any time soon. This is the result of many things that are not likely to change in the immediate future, such as relatively high standards of living in the EU, crisis in the Middle East and Africa, EU laws regarding migrants, and the lucrative trafficking operations. But if Europe wants to fix its broken immigration system and prevent future tragedies on the scale of last week’s ship sinking it must do more than simply increase patrols.

Resources

ABC News: Libya Migrant Boat Sinking

Wall Street Journal: Rich Smuggling Trade Fuels Deadly Migration Across Mediterranean

BBC News: Mediterranean Migrants: Hundreds Feared Dead After Boat Capsizes

Atlantic: Human Traffickers Are Abandoning Ships Full of Migrants

CNN: Eating Toothpaste, Avoiding Gangs: Why Migrants Head to the Mediterranean

Human Events: Illegal Immigration is Europe Losing Control of Its Borders

Economist: Europe’s Huddled Masses

EUbusiness: Commission Proposes Ten-Point Migrant Crisis Plan

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post Illegal Immigration in Europe: Latest Shipwreck Sheds Light on Trend appeared first on Law Street.

It’s long been a pretty poorly kept secret in the fashion industry that many models are very thin–some dangerously so. For years, there’s been various debates in the industry over whether or not to make rules restricting the weight of models to ensure that the women (and men) showing off the latest high fashion designs are a healthy weight. Now France, one of the bastions of the fashion world, took a pretty strong step in that direction. A new French law prevents super-skinny models from being hired by designers and fashion houses. Industry members who do so may be subject to fines, or possibly even jail time.

The new law would essentially ban models who have a Body Mass Index (BMI) under 18. BMIs are calculated on a sort of sliding scale that takes into account an individual’s height and weight. The BMI then fits into one of a few different categories–including under healthy weight, healthy weight, overweight, and obese. However, doctors would also be consulted to ensure that the BMI test was being administered fairly, and to take into account the unique build and structure of the individual. Under a BMI of 18.5 is usually considered under healthy weight, and can be a marker to determine if someone has an eating disorder, such as anorexia or bulimia. There’s been an increased awareness brought to the problem of anorexia recently, particularly after the death of Isabelle Caro, a French fashion model who passed away most likely due to the disease in 2010.

An important aspect of the law to keep in mind is that it punishes the agencies or houses that hire the models, not the models themselves. This is to keep members of the industry from putting pressure on the models to lose weight, or stay at an unhealthy weight. As Dr. Oliver Véran, one of the legislators behind the bill put it, “a person should not be obliged to starve herself in order to work.”

France isn’t the first country to implement laws about the sizes of its fashion models. Other nations, such as Israel, Spain, and Italy have limited measures in place as well. However France’s seems to be the most sweeping. In France, punishments for employing a model who is below the healthy weight threshold could include a fine of up to 75,000 Euros ($82,000, under the current exchange rate), or up to six months of jail time.

Not everyone is on board with the new legislation however. Some think that the restrictions are too harsh, as well as too sweeping–they don’t allow as much ability to decide on an ad-hoc basis whether or not a model is healthy. That criticism includes the argument that just because a model has a BMI over the given level, does not mean that they are “healthy,” but could still be suffering from a debilitating eating disorder. Isabelle Saint-Felix, who heads up France’s National Union of Modeling Agencies stated:

When you look at the criteria behind anorexia, you can’t look only at the body mass index when other criteria are also involved: psychological, a history of hair loss, dental problems. It’s important that the models are healthy, but it’s a little simplistic to think there won’t be any more anorexics if we get rid of very thin models.

Overall, the recognition of possible dangerous attitudes in the modeling industry seems like a step in the right direction. That being said, there is clearly still more work to be done to ensure the fact that the models from the world’s top designers are healthy role models.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post New French Law to Ban Models Below Healthy Weight appeared first on Law Street.

The violence in Paris several weeks ago united Europe as little else has in recent years. Plagued by economic decline, some of the more prosperous nations have voiced discontent with the state of the European Union. Partly leading this surge is a wave of far-right political movements. These nationalist movements are gaining traction from Berlin to Paris to London as people tire of stagnant economic growth and demands for bail outs.

Additionally in many of these countries, a dramatic demographic change is occurring in which traditional peoples and cultures are finding themselves increasingly co-habitating with people who have different beliefs and practices. Read on to learn about the political shift and rise of right-wing groups in Europe after years of economic concerns and changing demographics in the region.

History of the European Union

The European Union, unsurprisingly, traces its roots to the aftermath of WWII. With the continent in ruins, several representatives from leading nations attempted to finally find some way to unify the region and put an end to the seemingly endless fighting that had just led to the most destructive war the world has ever known.

The process started with the European Coal and Steel Community in 1951, which had six founding members: West Germany, France, Italy, Belgium, Luxembourg, and the Netherlands. These six nations agreed to unite their coal and steel production. The foundation was built up further with the Treaty of Rome in 1957, which created the European Economic Community (EEC). In 1967 the European Parliament was created and in 1979 it had its first direct elections.

The European Union itself was codified in 1993 through the Treaty of Maastricht. In 2002, the Euro replaced the currency of 12 of the 15 members of the organization. The Euro reached its highest value against the dollar in 2008; however, like much of the rest of the developed world, the EU was then rocked by the global economic crisis. Since this time, the EU has been attempting to fight off recession and recover, with the only real bright spot being the addition of its twenty-eighth member country Croatia in 2013. The video below gives a succinct explanation of the EU.

Economic Turmoil

In 2008 the global financial crisis hit the European Union and the results have been devastating both economically and with regard to the unity of the region.

The Rich

The economic crisis has hit both rich and poor countries within the Eurozone alike. While many of the rich countries were not in need of bail outs, they still suffered from high debt. First, they had to bail out those troubled fellow EU members that were unable to pay off their high debts after the crisis hit. They also lost markets to sell goods as the cash-strapped nations to the south could not afford to buy as much of their products.

Furthermore, while some indicators of a healthy economy appear to show rich countries in the EU doing well, these can be misleading. In the case of Germany for example, unemployment sits at a very respectable five percent; however, economic growth is virtually flat. In the third quarter of 2014 the economy only grew 0.1 percent, which followed on the heels of a second quarter in which Germany’s economy actually shrunk by 0.1 percent.

Germany is far from the only and certainly not the worst-off wealthy nation in the Eurozone either. France, the second largest economy in the EU, has an unemployment rate of over ten percent and grew only 0.3 percent during the third quarter of 2013. This miniscule growth, similar to that of Germany, also followed a second quarter contraction. Other cases include Spain, the number four economy, and Italy, the number three economy in the Eurozone, with unemployment rates of about 24 percent and 13 percent respectfully.

The Struggling

While the economic crisis certainly hit both wealthy and poor European nations, as is usually the case, the less robust economies ended up worse off. It begins of course with the bail outs. Ireland, Portugal, Greece, Spain, and Cyprus all had to accept large sums of money from other EU members to avoid default.

Furthermore, as a result of the bail outs, these countries and others struggling with the debt crisis have had to employ austerity measures; however, this strategy limits growth especially because creditors will be hesitant to lend money to struggling economies. This then creates a brutal cycle in which these countries have a difficult time paying off their debts because growth is low and unemployment will remain high. The video below gives a great explanation of the European Union’s economic problems.

Changing Demographics

Coupled with a shaky economic situation are dramatic demographic changes in Europe. This change can be divided into three categories: fertility, age, and ethnicity. First Europe as a whole has a very low fertility rate. Fertility rate is basically the number of children a family can expect to have during its childbearing years. Replacement level, or the level of children being born needed to adequately replace the existing population, is 2.1 children. In 2012 the average fertility rate for countries within the European Union was 1.6 children–well below replacement levels.

Since fewer children are being born, the average populations of these countries are rapidly aging. In Poland for example, the percentage of people above the working age population, 15-64, is expected to increase from 20.9 percent in 2010 to 58 percent in 2050. A large aging population can be a double edged sword, as not only are older people more dependent on public services such as health care and pensions, but they are also less productive in the economy and save less, which affects investing.

Thus a lack of new labor and a society that increasingly needs it has led to mass migration in Europe. This migration can be broken down into two groups. First is the traditional type of immigration, specifically from countries outside the EU to countries inside of it. In 2012, for example, 1.7 million people migrated to the European Union. The other type of migration is within the European Union itself; this figure also was approximately 1.7 million for the year 2012. Both types of migration are headed in one specific direction–west. Western European nations, which not coincidentally have the best economies, are bearing the brunt of the mass movements. The top five destinations in order of descending immigrant arrivals were Germany, the UK, Italy, France, and Spain.

It’s also important to note the origin of the people immigrating. Many are coming from Eastern Europe. A large portion of the incoming people and groups are also Muslim. While it cannot be reiterated enough that the vast majority of Muslim immigrants are in every way able adaptable to European life, there is tension in Europe over this influx. Current events, such as the fact that it has been estimated that currently as many as three thousand European-born Muslims have fought on behalf of ISIS or other extremist groups in the Middle East, haven’t helped this tension.

While fear of these fighters returning home has far outstripped any actual problems, the recent shootings in Paris show what can occur when a marginalized group becomes incredibly radicalized. Unfortunately this image of radicalized Muslims plays perfectly into the hands of politicians and right-wing groups that have come to prominence at the expense of immigrant groups.

Europe has a long history of xenophobia. When it deals with mass immigration, the fear has turned into Islamaphobia.  While western Europeans may not be particularly thrilled with eastern European immigrants, Muslims are being singled out in particular because of their different culture and the historical legacy of conflict between Christian and Muslim areas of Europe and the Middle East. This fear and Islamaphobia also extends to first and second generation Muslims as well, particularly in a time of economic uncertainty.

The Reemergence of the Right Wing

All these issues–economic problems, low fertility rates, and mass immigration–have led to a resurgence in the power and appeal of right-wing parties in Europe. More specifically, what has led to this rise is how economic problems are perceived as being compounded by immigration. For example, in the European Union the youth unemployment rate as a whole is 23 percent; in Greece it has been as high as 60 percent.

In a sadly ironic twist the backlash to this has usually been against immigrants who are perceived as stealing the few precious jobs that are available; however, immigration is necessary in the first place because the birth rates are so low. Additionally, immigrant populations have even higher unemployment rates than native youth.

As a result of these concerns, in recent elections several far-right parties including France’s Front National, Greece’s Golden Dawn, Hungary’s Jobbik, and the United Kingdom’s UKIP all won a surprising number of votes. Each of these parties display different combinations of outward anti-Semitism, anti-immigrant sentiments, and racism, or have been associated with such traits in the past. While this by no means represents a majority, it does indicate a disturbing trend for the European Union.

While it seems clear that far-right political movements are on the rise in Europe, the question turns to what exactly these groups want. Just like other political groups, especially across national lines, their interests vary. Overall, the focus seems to be anti-immigration, specifically based on a fear that immigrants will take away badly needed jobs from native residents. At the forefront of this movement is the Front National in France, which won the most seats in the European Parliament of any far right party.

The Front National can be characterized as one of the most moderate of the far-right parties coming to power.  Its primary focus is on nationalism instead of more overtly far-right ideologies espoused by other groups such as Golden Dawn, Jobbik, and the accused neo-Nazi NPD group in Germany; however, Front National has its roots in exactly the same kinds of dogma that these groups maintain, namely anti-Semitism and racism. This is why the far right party in Britain, the UKIP, has refused to join with them. Thus the main connection these groups all seem to have is strong support for anti-immigration measures, which entails moving away from a united Europe and its open migration policies between nations. The video below provides further explanation of the rise of far-right parties and what they believe.

Current State of the Union

Europe appears to be in serious trouble. Its native population is dwindling because of low fertility rates and an aging population. The people migrating in to fill this void, while on the whole younger, also bring different cultures and mindsets. All this has led to a wave of right-wing parties that are in favor of closing borders, ousting immigrants, and breaking away from the ailing European Union.

Europe’s economy, while growing slightly, is still badly damaged and will likely take years just to return to pre-recession levels. Additionally, fertility rates in Europe show no signs of increasing for the most part, at least in native-born citizens. Without more people to assist the aging population, immigration is also likely to continue. This immigration is also likely to continue from Eastern Europe and nations with different ethnic and cultural backgrounds, which often include large numbers of Muslims.

In the future, however, it seems possible that significant changes could come to the union. First it is possible that the UK leaves the EU. Prime Minister David Cameron has already been cornered into a vote on whether or not to stay in the union. While a vote certainly doesn’t mean anything for certain, the mere fact that it is being forced upon him does. If the UK does leave it could have additional shockwaves on other nations such as France and Germany and may also lower confidence in the EU’s future.

A lot rides on France and Germany. They both have already invested a lot in the European Union and reaped rewards from it, so it might be a stretch for them to leave; however, calls for potential European bank reforms to mimic what they have done nationally shows not only how they view their own importance in Europe, but also is a test of how the other members view them as well.

Conclusion

Far right parties are becoming increasingly popular and powerful in Europe. This has been the result of a number of factors; notably the Eurozone economic crisis, low fertility rates, an aging population, and a large influx in immigrants. Furthermore, every indication shows that these mechanisms are only likely to keep moving down this path and not reverse course. Therefore, while it is too early to give up on the grand experiment of a United States of Europe, serious reforms are needed if the experiment is to work. Reform is also necessary if European leaders hope to quell the rising influence of far-right parties and their supporters.

Resources

Primary

World Bank: Learning About the Unknown: The Economic Impacts of Aging in Europe and Central Asia

European Commission: 2014 Autumn Economic Forecast; Slow Recovery With Very Low Inflation

European Commission: Eurostat; Migration and Migrant Population Statistics

Additional

NPR: A Brief History of the EU

Forbes: Suddenly the EU’s Break-Up Has Moved From a Long Shot to a Probability

The New York Times: Study on Wealth Fuels Euro Crisis Debate in Germany

Statista: Unemployment Rate in Member States of the European Union

Eurostat: Total Fertility Rates

Vienna Institutefor International Economic Studies: Effects of Euro Crisis on Europe’s Periphery

Telegraph: Muslim Europe; The Demographic Time Bomb Transforming Our Continent

CNN: From Antwerp to Aleppo–and Back; Europe’s Nightmare

Guardian: Eurozone Growth Figures; Germany Narrowly Avoids Triple-Dip Recession

New Geography: Will Europe Hit a Demographic Turning Point?

Huffington Post: Sudden Rise of Far-Right Groups in EU Parliament Rings Alarm Bells Across Europe

USA Today: Immigration Backlah is on the Rise in Europe

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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