European Enterprise Penalties Act
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European Enterprise Penalties Act
Preamble:Recognising the importance of any Corporation , Cooperative or State Owned enterprise to follow EU law and to make sure avoiding following the law is punished accordingly to make it so it is never worth it to ignore the law we propose the following act.Article I:Definitions
I. Enterprise shall be defined as any organisation not run directly by government or run for profit. including Companies, Social Enterprises, Cooperatives, Third Sector Organisations or State Owned EnterprisesArticle II:Penalties for Breach of EU Law
I. Any Enterprise shall be fined 10% of global revenue for every breach of EU Law
II.The fines shall be applied by the European Court Of Justice after receiving reports of breaches prosecuted at state level.The company may appeal any fine and the case will be hear in the European Court of Justice in line with procedures of the court.
III. Private individuals may present a case directly to the European Court of Justice that a company has breached EU law.
IV. Every individual type of breach of EU law shall count as a seperate breach and therefor be subject to stacking of 10% penalties and be dealt with independently.Posted by James Mizrachi-Roscoe
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Debate begins NOW and ends 23rd February 15:30 GMT.
I would point Cllr Mizrachi-Roscoe to the Aquis Communautaire, where he will see that most if not all Acts passed by this Council already include penalties and enforcements. Our European Constitution further gives individuals the power to petition the European Court of Justice. If Cllr Mizrachi-Roscoe proposes to make the ability of individuals to petition the Court based on contraventions of Acts rather than the Constitution, he would find me on his side. Right now, however, I do not see the need for this Act and will oppose its passing.
Nicholas Benfield
Deputy Speaker -
From my point of view, this act would add penalties to businesses who violate acts regulating said businesses. This would not be an issue if it were not for the NDA, which has led to the implosion of a significant part of the Duxburian economy and led to millions being unemployed. I am against adding further penalties for such acts which have caused such extreme misery.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
I would like to point out that alledged layoffs due to the NDA were actually in alot of cases not due to the NDA but a misunderstanding that reasonable meant major adaptations and meant they had to employed Neurodivergent and Disabled regardless of safety issues we addressed when concerns were raised yet companies overreacted. As far as concerns over fines are concerned we could easily put an amendment to this act to not allow stacking of fines but requiring whatever the highest value fine is to be paid but I honestly believe its fair to stack fines personally. Companies should not break EU law and do all they can to avoid breaches of law if they don't want fines, thats the simplest way to avoid them
. It seems the so called "politician of the people" from Istkalen is not so of the people , she opposes every act to punish corporations for exploiting the public and tries to define living wages as below living wages , maybe she should take up a job as a corporate shill or tell us which corporations pay her if any. If she's not being paid she's being underpaid by corporations for her services to let them be expoit into the future. If corporations break EU laws they should have a fine that will lose them all profit to make sure they have a deterrent and if the company goes bankrupt it wasn't fit and proper in the first place and a better organisation can take its place.
James Mizrachi-Roscoe, Councillor for United Duchies
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It is extraordinarily rich that I am being accused of being a "corporate shill" by the head of the Roscoes corporation. What you accuse me of, Cllr. Mizrachi-Roscoe, is punishable by life imprisonment in Istkalen. What I have opposed has not been for the corporations but actually against the agenda of the Roscoes corporation, the worst offender of them all.
You also say that "if the company goes bankrupt it wasn't fit and proper in the first place and a better organisation can take its place." I have only previously heard this in connection to the Roscoes corporation, and it seems as though you are once again promoting its interests and its corporate ideology at the European level.
Finally, it does not matter whether or not they were mistaken. If an act causes millions to become unemployed in one fell swoop, it cannot be justified.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
All I am hearing is the heartless approach that exploiters love. They want to keep penalties low and they want to lower standards in Europe to that of the lowest state essentially enslaving workers in an exploitative system where rich get richer and poor people live in poverty. Something alleged socialists oppose. I would like to remind you unions support Roscoes policies on living wages paying the proper prices indeed most agricultural product sales are done using the minimum reference prices set by farming unions prices which we gladly pay because its only right to support our farmers , suppliers and workers who make it possible for businesses to make money. Indeed Roscoes may be the one of the best companies in Europe given the high standards it has set in many sectors going beyond the minimum set in Duchian law which are already decent standards though not quite good enough in my oppinion.
Millions will not stay out of work either if there is a demand new better companies will spring up to replace those firms to meet demand its called the market working to improve things and likewise farmers banding together to influence prices is the market working to protect farmers interests by stakeholders defending their legitimate interests against exploiter corporations. I am proud of the NDA which has delivered security and vital protections in life and employment in society ensuring they are treated as equals , any attempt to gut it can only come from a place of ableism and ignorance or just plain not caring about human rights. I would ask how one would like corporations to face justice if they can do a bad action , breaking EU law and face nominal fines , at least 10% hits profits significantly or possibly even loses them all profit and potentially can bankrupt some bad actors allowing a better company to take their place. This surely is justice for breaking EU laws designed to protect the common man and woman of the EU so are you going to support this act and be on the side of the people or vote against it and be on the side of exploiter corporations and therefore an enemy of the people of Europe? Ultimately its your choice.
James Mizrachi-Roscoe, Councillor for United Duchies
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Penalties already exist for these laws; and, Cllr. Mizrachi-Roscoe, you only reveal your motivations again. Your company benefits from this act, above domestic companies; it is your company's ideology which is indirectly spread by these acts. I am an anti-capitalist; but also an anti-imperialist. I support no company, but see the preservation of the domestic company against the forces of a foreign company as better than merely allowing that foreign company to establish its hegemony everywhere.
Indeed, the choice is between "exploiter corporations" and becoming an "enemy of the people;" between the imperialist ambitions of the Roscoes corporation and the people of the oppressed nations. I will always stand on the side of the people.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
I'd like to remind you like you I was elected on a platform partly of protecting workers and the working class. Of we allow corporations to break the law and pay a fine and still be profitable we are not doing that. EU regulation has been proven not to provide adequate protection. This means we still have issues of a race to the bottom where companies go to where environmental destruction is weakly protected against and workers poverty pay allowed this needs to change but not only that one can break current laws and still make a profit that is wrong any penalty of 10% of revenue stacked will ensure they meet the standard or face this fine and lose profit or go out of existence, either are desirable outcomes from a societal point of view. So are you a "Councillor of the people" or enemy of the people?
James Mizrachi-Roscoe , Councillor for United Duchies
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I am opposed to imperialist corporations. No matter what clothing they dress themselves up in, I will remain steadfast to this principle. These corporations steal from the workers of the developing world their independence, and now they dare to lecture others about what is right and what is wrong, as though they were God! Well, they are not God, they are a clique of exploiters and plunderers, a clique whose power is built on the backs of the suffering peoples whom they torture. One day, mark my words, those people will rise up in righteous anger; the clique shall fear; and they shall fall and be swept away!
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
Ladies and gentlemen, we can now say it clear, we can now affirm it without being afraid to make a mistake: Councillor Mizrachi-Roscoe wants to destroy the European Union, its stability and the future of many middle class and lower class families. While he comes here to try to prove how good of a businessman he is, how solidary, empathic; according to him of course; he tries to destroy every and all other businesses that do not comply with his model of business, to impose his enterprise everywhere at whatever price. The worst thing of all of this is that he believes that we are silly Councillors that will end up supporting his proposals.
And while he tries to fight the Council Speaker, Cllr. Tilkanas on whom the Councillor of the people is; he drives families to missery, the very same missery he claims to hate. Cllr. Mizrachi-Roscoe lost, a lot of time ago, his common sense to elaborate correct proposals for the people that make up the European Union, the very same one he wishes to destroy with acts like this or the Neurodivergent Act, that should be either heavily amended or repealed.
In his proposal, the Duchian Councillor adds up more fines, like if there were not enough already, to businesses that do not comply with the law; and overcharges an already inefficient institution like the European Court of Justice, which urgently needs a reform, with more duties. Apart from that, he proposes to fine corporations with an insane 10% of their global revenue! Nonetheless, it is important to note Cllr. Mizrachi-Roscoe is a trillionaire, who wouldn't care about paying those fines cause he just likes ruining the small businesses. And then we have Article III, which is the best, allowing particular individuals to submit cases, something that already happens! With this, I believe the honourabe Duchian gentleman is trying to open another of his supermarkets in the ECoJ's HQ, so he just needs to get off the office and present the cases. That, added to the semi-dictatorial security system they have in his country makes his domination plan perfect.
Councillors, this is what the ELSS is all about: Councillors with a lot of money trying to empoverish middle and lower classes, destroying the European Union and putting theirselves as examples of exemplarity and empathy but never thinking about the effects of their proposals. I will, therefore, vote against this act.
Donald Tusk
Councillor for Spain -
I'd like to point out that I myself am also a member of the ELSS, and therefore request that the Councilor for Spain apologize for generalizing his views to the group which is not true. In addition, I call on the Honourable Speaker to intervene on the fact that the Councilor for Spain has continually used personal attacks on many Councilors of whom has made proposals that he opposed.
Anyway, I will explain what I stand for in this situation whilst my colleagues at the AEC debate on the matter. First and foremost, I am personally against this act. Instead of the penalties, for disobedience of law, going to the government of the member-state in which the company or enterprise operates, it will now be split between the EU and the member-states which also gives a fine for companies that disobey both national and european law. And what will the EU do with this money? Let it be spent on unnecessary projects and eurocracies? This can't simply happen. Not only because of that, but also it adds complexity to the system in which money flows through the EU from the justice system. And therefore I believe that it should be the member-states who would be responsible for the enforcement of European Law through lower national courts being the ones to sentence whatever punishment it deems necessary. This way, money coming from fines will be diverted to the national budget of member-states which would be more useful than diverting it to the EU for some unnecessary spending.
Dame Yuridiana Yahontov GCC
Councilor, Kingdom of Reitzmag -
Given that the Council Speaker was herself implicated in some of the heated discussions this Act has already generated, I think it is not unfair of me to call upon all speakers in this debate to keep the temperature down. I thank Cllr Yahontov for her calm and reasonable reply, and I expect Cllrs Mizrachi-Roscoe and Tusk to follow her lead.
Nicholas Benfield
Deputy Speaker -
I am requesting a debate extension.
Donald Tusk
Councillor for Spain -
With the leave of the Speaker, I am extending this debate until February 25th at 15:30GMT.
Nicholas Benfield
Deputy Speaker -
Councillor Yahontov, I will not apologise but rather reaffirm my comments. There is freedom of expression in this chamber, I know that pretty well, as long as it is within the bounds of respect. Saying your friend, the Duchian Councillor bank account is filled with millions of Euros is a fact; saying the European League of Sovereign States wants to destroy the European Union is my personal opinion. If you are going to call for a penalty towards a Councillor for expressing his thoughts, within the rules and the boundaries of respect, then I believe that our colleague from Reitzmag has definitely forgotten what democracy in Europe means.
Donald Tusk
Councillor for Spain
The Kingdom of Spain
His Majesty the King, Felipe VI
President Alberto Núñez-Feijóo
Councillor and Council Speaker Donald Tusk -
I'd like to ask in general how fining companies 10% of revenue is bad in anyway. If they behave they won't be fined , you don't tend to fine for small violations and I trust the ECOJ and those administering to use common sense and give time to fix the issue , mistakes are usually allowed with time to fix mistakes in acts. If that is the case you'd have to continually intentionally break the law. I am not going to cry that big corporations are held to account for their crimes , its my job to look after the people not big corporations ability to screw over the public of Europe by breaking the law regularly and treating joke level fines as a cost of doing business as many currently do. May I suggest councillors start taking the peoples representative of their role more seriously as it seems many would rather be corporate or Union lackeys and keep their right to skirt basic laws and rights as they currently do.
James Mizrachi-Roscoe , Councillor for United Duchies
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Cllr. Mizrachi-Roscoe, you are asking why it is bad to fine companies with a 10% of their revenue. I believed that, as a businessman, you knew the reasons why, but seems like you ignore everything about business and just spend time counting the banknotes you have earned. First of all, I would like to remind you we already have mechanism to fine subjects who break the rules, so with this act we act even more fiscal charge to their fines. Secondly, a 10% of the renevue is abusive and can lead businesses to bankruptcy, exactly what the Duchian Councillor wants! He is not fighting for the people, he is fighting for his company!
You say your job is "to look after the people", which people Mr. Mizrachi-Roscoe? The people of Istkalen didn't vote for you, the people of Spain didn't vote for you, nobody but the Duchians voted for you! Is looking after the people wanting to steal a 10% of their revenue for the sake of accomplishing rules, even if that drives them to bankruptcy? Is looking after the people promoting the creation of a monopoly whose name is Roscoes all around Europe? Hear me out, Councillor, I will not allow lessons about my work from somebody who wants to make countries leave the EU, destroy it and rob middle and lower classes.
Donald Tusk
Councillor for SpainThe Kingdom of Spain
His Majesty the King, Felipe VI
President Alberto Núñez-Feijóo
Councillor and Council Speaker Donald Tusk -
Cllr. Mizrachi Roscoes says that "[one tends not to fine for small violations." This act compels them to, and in light of the damaging effects some acts have already had on world economies, the result is not pleasing to think about.
Cllr. Tusk, please do not in future double down after being warned by someone presiding over this chamber, whether it is me or Deputy Speaker Benfield.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen -
I'd like to remind you this act also applies to my company and I could at any time make Roscoes unprofitable for some mistakes. But is that the EU's fault if it does, we should have followed EU law better. If a company or organisation follows EU law that won't be fined so therefore it shouldn't be an issue, if one regularly breaks the rules they may go bankrupt but is that unfair? Why should corporations get the right to break the law and treat fines as a cost of doing business at the expense of the people. I am here because people in the Duchies want corporations and any unions any organisation to held to a high standard a standard that protects the people. I was elected on that and will not fail in my duty to stand up for them values and protect the people not only of the Duchies but also the entirety of Europe. I don't think people will appreciate councillors who are supporting nominal fines for major and flagrant breaches of EU law. If the fines are low there is no point since no company will fear them and I believe at this time they are too low and too many companies are abusing this to regularly break the EU's laws. Maybe all those objecting to this proposal have so little faith in the ability of their companies to follow basic EU law they believe they will always be fined, in that case I suggest they have a little more faith in their businesses to follow the law or fix their commercial sector if they apparently cannot follow EU law!
James Mizrachi-Roscoe Councillor for United Duchies.
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A debate extension is in order, and it will be granted until 03:00 GMT on 27 February 2022.
Regardless, Cllr. Mizrachi-Roscoe, this act would compel the ECoJ to fine any company it found guilty of even the most minor violation. I am opposed to the existence of firms, but I recognize that employment in this world keeps people alive, and that this act would deprive possibly millions of that employment.
Iras Tilkanas
Council Speaker and Councillor for the Republic of Istkalen
