Showing posts with label European court. Show all posts
Showing posts with label European court. Show all posts

Wednesday, December 13, 2017

EU Could Scrap "Divisive & Ineffective" Refugee Quota Scheme

The Guardian reports that EU could scrap a divisive scheme that compels member states to accept quotas of refugees, one of the bloc’s most senior leaders will say this week.



The president of the European council, Donald Tusk, will tell EU leaders at a summit on Thursday that mandatory quotas have been divisive and ineffective, in a clear sign that he is ready to abandon the policy that has created bitter splits across the continent.


Jennifer Rankin reports that Tusk will set a six-month deadline for EU leaders to reach unanimous agreement on reforms to the European asylum system, but will propose alternatives if there is no consensus. 


“If there is no solution... including on the issue of mandatory quotas, the president of the European council will present a way forward,” states a draft letter from Tusk to national capitals, seen by the Guardian.



In effect this means scrapping mandatory quotas, because Hungary, Poland and Czech Republic are fiercely opposed to the idea of dispersing refugees around the bloc based on a formula drawn up in Brussels. Tusk is likely to face opposition, however, from other EU bodies, including the European commission.


EU leaders introduced compulsory quotas in 2015 at the height of the migration crisis, as thousands of people arrived daily on Europe’s shores, many of whom were refugees from Syria, Iraq and Eritrea.


Hungary, Slovakia, Romania and the Czech Republic voted against the move, but the policy was forced through by a majority vote.


Hungary and Poland have defied the rest of the EU by not taking a single refugee under the scheme, which aimed to relocate about 120,000 refugees, mainly Syrians. The Czech republic has taken in only 12.


All three countries were referred to the European court of justice last week for failing to implement the policy, the usual procedure for flouting EU rules.


Despite the backlash against the emergency scheme, the European commission proposed making quotas a permanent feature of EU law in 2016. Under its proposal, countries that refuse to take part in a “corrective allocation mechanism” to take the pressure off member states bearing the brunt would have to pay a “solidarity contribution” of €250,000 (£220,000) per asylum seeker.


The idea has been stalled for months, as home affairs ministers who make the law have been unable to agree on it.


Tusk will call on EU governments to take charge, rather than leaving Brussels to set the pace in managing refugee policy.


“Only member states are able to tackle the migration crisis effectively,” Tusk’s letter says. “The EU’s role is to offer its full support in all possible ways to help member states handle the migration crisis. But the EU has neither the capacity nor legal possibilities to replace member states.”



Any move to drop the plan is likely to upset Italy and Greece, countries that have urged the rest of the EU to help them cope with large numbers of refugees and migrants in recent years. Germany and Sweden, backed by the European commission, are also likely to contest any plan deemed to reduce the help offered by other member states.


One EU diplomat said some member states were surprised by Tusk’s letter “because it doesn’t seem to be in sync” with work undertaken by home affairs ministers working on the file.


We suspect we know one other "European" that will not be pleased... George Soros.









Friday, June 30, 2017

Government Medicine: Court Declares Child Should Die Rather Than Receive Privately-Funded Health Care

In a government-controlled healthcare system, the state determines who can receive treatment and when. This has long been admitted. But, what is less often discussed is that once a patient finds himself within a state-run healthcare facility, the state may deny him treatment — even if privately funded. 


This was recently illustrated when Charlie Gard, a small child suffering from mitochondrial depletion syndrome, was denied privately-funded treament planned by his parents. 


According to the BBC:





Chris Gard and Connie Yates lost their final legal bid to take their son to the US for treatment.



Specialists at Great Ormond Street Hospital believe Charlie has no chance of survival...



European Court judges have now concluded it was most likely Charlie was "being exposed to continued pain, suffering and distress" and undergoing experimental treatment with "no prospects of success... would offer no benefit".



They said the application presented by the parents was "inadmissible" and said the court"s decision was "final".



The court "also considered that it was appropriate to lift the interim measure" which had required doctors to continue providing life support treatment to Charlie.



BBC health correspondent Fergus Walsh said it is likely Charlie"s life support machine will be turned off within a few days following discussions between the hospital and his family.



In other words, the court declared that the child should die rather than allow his parents to pursue privately-funded medical care in the United States. 


Often when we see cases like this, it is a case of different family members arguing over treatment. This was the case in the Terri Schiavo case in which Schiavo was refused life-saving medical care according to the wishes of one family member — but against the wishes of other family members. 


In the Charlie Gard case, both parents are in agreement in wishing to pursue treatment in the US. But, it appears that the state is acting on its own initiative here and demanding the child be left to die because some government-employed doctors — none of whom are related to the child — wish it. 


Nor do the parents seek to continue using any of the hospital"s tax-funded resources. They merely wish to pursue treatment elsewhere. 


The state says no. 


Justin Murray reported on the case in April at mises.org, and noted





[A] major feature of the free market, private charity, kicked in wonderfully. Within a month of denial and discovery of the treatment, Charlie’s parents managed to raise the entire amount to pay for the treatment and trip to the United States. In a normal world, this would have been the end of the story. Charlie would have gone to the United States, received his treatment and we would have discovered if his already dire situation could have been mitigated or treatment failed.



But the NHS [the British National Health Service] decided, for whatever reason, to interfere with this process. When Charlie’s parents attempted to withdraw him for this treatment, Great Ormond Street, a children’s hospital in Greater London run by the NHS, rushed to the British High Court to block his parents from doing so. As government court systems are wont to do, they sided with themselves and denied the parents’ wishes for further private treatment and gave an official court order that Charlie is to be removed from life support and left to die. This was a no-lose situation for Charlie and his family. If the treatment fails, the end result is the same and the parents can at least have closure that they tried everything possible. If the treatment is a success, he can live enough years to be able to learn what his parents look like, interact with them and be able to experience some joy in life. One can wonder, cynically, if the court system ordered his death to avoid risking embarrassing the NHS should the treatment they denied actually work.



Unlike the usual defects of public medical care, where resources are politically allocated leading to critical shortages for perfectly preventable diseases, such as the case of Laura Hiller in Canada, all the while claiming that medical care in a free market would be provided on a cut-throat system that denies the poor care. Charlie’s case shatters this self-proclaimed image. Here we have elements of the free market working as expected but with the government actively, and openly, doing everything it can to interfere with it.



The British NHS isn"t alone in making war on experimental treatments, either. The US government (via the FDA) for years has blocked use of various experimental treatments and technologies for extremely ill patients who quite reasonably conclude they have little to lose from using potentially dangerous treatments. 


In response, some states have even taken localized action as in the case of Louisiana"s "Right to Try" law. Provided the treatments are privately funded, state law guarantees residents may use experimental non-FDA approved treatment under certain circumstances. (Insurance companies are not required to cover said treatments.)


Obviously, this more tolerant and rational philosophy has escaped the NHS and the British Parliament where it is apparently believed that all children belong to the state, even when their treatment options are to be funded by private charity.