European Enterprise Penalties Act
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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 -
To respond to the concerns may I propose the following ammendment:
Article II:Penalties for Breach of EU Law
I. Any Enterprise shall be fined up to 10% of global revenue for every breach of EU Law if they do not comply with EU law within 3 months after a first violation or a timespan set in individual acts
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. Any case may be raised to the European Court of Justice if the plaintiff feels the fine by the national court was too low.This should hopefully addresss concerns and allow time for change and a little more flexibility.
James Mizrachi-Roscoe, Councillor for United Duchies
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I also propose the following ammendment:
III. Private individuals may present a case directly to the European Court of Justice that a company has breached EU law or ask the court to review a national decision if they feel unhappy with the judgement.
IV. Every individual type of breach of EU lawshall countmay be counted as a seperate breach and therefore be subject to stacking of up to 10% of revenue penalties and be dealt with independently. -
In mind of the current opposition to the act in its current form I will withdraw this act from consideration. I will actively work with the critics of the legislation in order to bring it back in an acceptable form with requirements for companies to have time to fix any issues for the first offences and set a level that most feel is appropiate.It is clear significan reform is needed if this is to pass.
James Mizrachi-Roscoe, Councillor for United Duchies
