Henrik LAX: “I am disappointed that the EU leaders did not give Ukraine a clear signal”

Henrik Lax, member of the EU Parliament, is the head of a 17-strong Finnish delegation that recently visited Ukraine in order to study the current situation in the country. What place should Ukraine occupy in Europe? How is a resolution of the political crisis likely to influence Ukraine’s prospects of joining the EU? These and other questions are answered in The Day’s exclusive interview with Henrik Lax.

“UKRAINE’S DEVELOPMENT IS EXTREMELY IMPORTANT FOR ALL OF EUROPE”

Mr. Lax, did you plan on coming to Ukraine in the heat of the political crisis?

“No, that’s just a coincidence. I planned this visit a year ago. As a member of the EU Parliament, I can promote different projects for funding. That’s why I decided to organize a trip for a group of Finnish experts in various fields so that they could see for themselves that Ukraine is an important part of Europe and European culture. Once they learn more about Ukraine, they will be able to understand that its development is crucial to all of Europe and the future stability and peace of this region. This is the perspective from which I viewed this visit, and it’s sheer coincidence that we arrived in the middle of a political crisis. But this allows us to get information directly on the spot.”

What is your impression of the crisis?

“I know that it’s not easy to change a social system into a well- functioning democracy. It takes a lot of time. What we see here is that there is a great need to introduce clear legislation in Ukraine. In particular, the Constitution has to clearly define the responsibility of various institutions: the president, government, parliament, and the Constitutional Court. And this is impossible without a democratic process. We see how difficult it is. Therefore, my main message is that Ukrainian politicians have an extremely great responsibility to their own people for Ukraine’s future but also for stability and peace in all of Europe”

“THE CONTINUATION OF THE DEMOCRATIC REFORM PROCESS IN UKRAINE IS IN THE INTERESTS OF ALL ITS NEIGHBORS”

Will the outcome of this crisis influence Ukraine’s EU prospects, and if so, in what way?

“As I have already said, the continuation of the democratic reform process in Ukraine is in the interests of all its neighbors. The absence of this process will entail numerous problems, above all for Ukrainians, but also for Ukraine’s neighbors. The European Union has continued to fulfill its great mission by trying to foster neighborhood stability. The EU has to offer Ukrainians support in building a rule-of- law society with an unprejudiced judicial system, which is a prerequisite for a functioning democracy and market economy.

“In my opinion, the EU has to offer clear support for all these issues. I am disappointed with the EU leaders for not giving Ukraine a clear signal about the possibility of membership in the EU. This kind of signal would be a very important incentive for reforms in Ukraine. Of course, it is in the interests of the EU to have harmony, democracy, and a continuing reform process. It is absolutely clear that if this process does not continue, Ukraine’s membership in the EU will be impossible.

“But, of course, this has to be a decision made by Ukrainians and their politicians. On its part, the EU should offer membership prospects and have the honesty to say that it is experiencing a constitutional crisis now. The EU has to reform the constitutional treaty. The European community has grown to 27 members, and the institutional and constitutional framework is unsuitable for this composition. This also affects Turkey, which cannot join the EU under the existing institutional and constitutional norms. But it is my firm belief that the EU has to reform itself in such a way as to offer Ukraine membership prospects.

“I am responsible for the EU’s visa policy. I report to its parliament on the comprehensive form of the Schengen visa legislation. I hope that this reform is passed by this parliament whose term expires in 2009.

My ambition in this issue is to create a more flexible visa policy that would foster cooperation in the border regions, especially with our neighbors. Ukraine occupies a key strategic position for the development of Europe. If Ukraine succeeds in carrying out a democratic reform of its entire society, it will become a good example for many other countries, especially Russia. I understand that Ukrainians would like to have a no-visa policy with the EU. However, this would necessitate various reforms of the state administration and more effective border control, which would require clearly defined regulation of the responsibility of various institutions: the president, government, parliament, Constitutional Court, and many other reforms in support of a market economy. This means adapting to the laws and regulations prevailing in the EU. I don’t see why this should not be possible. In any case, reforms are needed and the EU can offer its support. Strong support may become the signal that Ukraine has membership prospects.”

“AMONG THE EU FOUNDING COUNTRIES THERE IS GROWING AWARENESS OF UKRAINE’S IMPORTANCE”

Do all the EU parliament members from Finland support giving Ukraine EU membership prospects?

“In my opinion, not all of them do. But I know that some of my colleagues think this way. In general, I can say that the new EU members are most sympathetic to Ukraine’s membership prospects. I believe that some of your best advocates are Poland and the Baltic states. They are all very interested in offering membership prospects to Ukraine and Georgia. Meanwhile, among the EU founding countries there is growing awareness of Ukraine’s importance. Until a few years ago many of my colleagues from these countries did not understand why our relations with Russia are important. Today they understand. In fact, it was the gas crisis that brought Ukraine into the focus of their attention. So people in the EU are now acquainting themselves with Ukraine. The goal of our mission is to foster this process within the EU. I would like to circulate these ideas in Finland so that our government will hold to the same line in the Council of Europe.”

What role can the European Parliament play in supporting Ukraine’s membership prospects?

“This body plays a very important role. Above all, this is a political forum where political goals are being discussed and approved. This means pressure on EU members and their governments, which is very important. In any case, the EU can accept new members upon consent of parliaments. Therefore the European Parliament plays an essential role. In particular, it is involved in securing and authorizing negotiations with Ukraine.”

“REFORMS ARE EXPECTED FROM UKRAINE”

In your opinion, what should all the branches of the Ukrainian government do in order to persuade the old EU members to offer us membership prospects?

“A large part of the EU’s attention is focused on energy supply. In this respect, Ukraine is very important to the EU. Today a significant (larger) part of the oil and gas from Russia comes to the EU through Ukraine. As you know, the construction of new oil and gas pipelines is under discussion now. This is a very important factor. But above all, reforms are expected from Ukraine. If it can reform its economy, this will mean an improved standard of living for Ukrainians and greater stability in the country, which will ensure greater stability in the region. This is very important for Ukraine and its neighbors and is a prerequisite for economic cooperation with the EU. Therefore, without stability and peace there will be no higher standards. And this is what people deserve.”

What is your attitude to the statements made by the ruling coalition that Ukraine needs stability and therefore there is no need to hold elections? Do early elections pose a threat to democracy in Ukraine and its future?

“It is very difficult for an outside observer to say what Ukraine should do. But I would like to emphasize that Ukraine’s politicians have a great responsibility to their own people and all of Europe for securing stability. I hope they will accept this responsibility because otherwise it will be impossible for Ukraine to develop. If Ukrainian politicians are incapable of securing stability within the country, someone else may take advantage of it. I am talking about defending one’s right to make decisions that are sometimes difficult. Therefore, such decisions have to be made by Ukrainians themselves. They should not be afraid and, when necessary, they should change the decisions that have proven to be inadequate. That is why a democratic process is needed. Politicians have to explain to people why they make decisions. People will understand if politicians want to change decisions that have turned out to be inadequate. This is the main idea of democracy, which secures stability. Of course, a deadlock situation is alarming because it enables external forces to secure a footing in order to realize interests that do not quite match Ukraine’s own interests. Others will try to take advantage of Ukraine’s inability to handle domestic political problems.”

“IT IS IMPOSSIBLE TO ACQUIRE AND BORROW VALUES OVERNIGHT”

There is a lot of disagreement in Ukraine about the cancellation of the imperative mandate, which is defined in the Constitution and does not correspond to European values. In your opinion, is Ukraine ready to borrow European values if many MPs are entering parliament with one party and later switching to another?

“I believe that Ukraine can develop in accordance with European values by receiving help and support from the EU in the process. Of course, it is impossible to acquire and borrow values overnight. But in my opinion, there is nothing there that would militate against Ukraine’s ability to do so. I believe that the Orange Revolution was a remarkable step in this direction, and I hope that Ukrainian politicians will not distort its achievements. At the same time, there are other EU neighbors who are not happy about the democratic results achieved or created by the Orange Revolution.”

“PARLIAMENTARIANS SHOULD ACT ACCORDING TO THEIR CONVICTIONS”

You probably know that the cause of this crisis was the ruling coalition’s attempt to secure a constitutional majority in parliament by luring MPs from other parties.

“Of course, this does not correspond to any democratic values if one faction lures MPs from other factions. Parliamentarians should act according to their convictions and values. They should never compromise their values and convictions. If this happens, they are not true parliamentarians. From the institutional point of view, it is extremely important that [information about the] economic relations of every ordinary MP be available to the public. It is wrong when parliamentarians do something for money. That is why the laws should guarantee that the income and all assets of MPs are known to the public. This is an absolute prerequisite because MPs are elected precisely for that purpose: to defend the rights of their people according to their convictions, which they voice during the election campaign. If they fail to keep their promises, people will not reelect them. But it is out of the question for somebody outside or even inside parliament to pay MPs to make them act a certain way or join certain parties.”

Are you implying that the president of Ukraine was right when he tried to stop the crossovers of parliamentarians from one faction to another by resorting to early parliamentary elections?

“In my opinion, this is obvious. Anyone who wants to defend democracy would act this way.”

Could a mass crossover of MPs be possible in the Finnish parliament?

“This is a totally hypothetical question. In our parliament MPs declare all their income and financial liabilities. In addition, the press takes a very active interest in how a candidate finances his campaign. All this information is available to the public. In the conditions of a mature democracy you cannot buy an MP.

“One of the prerequisites for a functioning democracy and rule-of- law society is that judges are quite independent. There are many legislative measures that provide for this. First of all, it is about how judges are appointed. As much as possible, this process is nonpartisan. Judges are appointed on the basis of their merits and must be well paid so that no one can bribe them. Furthermore, their mandate cannot be revoked so that no one on the outside can put pressure on them. These are three fundamental elements that have to guarantee the effectiveness of legislation. Without them there is a risk that the courts may not be independent and may be subjected to pressure from an external force. As far as the situation in Ukraine is concerned, we can mainly speak about problems that have to be resolved by politicians, rather than voted on in the Constitutional Court. They have to adopt decisions instead of asking judges to resolve a problem that politicians are unwilling or incapable of solving themselves. Here politicians need to take the responsibility on themselves.”

“THE EU UNDERSTANDS THE NEED TO SPEAK A COMMON LANGUAGE WITH RUSSIA”

You mentioned external forces but did not name them specifically. Can the EU have effective relations and speak a common language with Russia?

“This is a very difficult question, especially when we consider the recent developments in Russia. Putin’s regime is pursuing a very aggressive foreign policy. On its part, the EU has failed to formulate a clear and coherent policy toward Russia. At the same time, the EU understands the need to speak a common language with Russia. This awareness is growing. For example, a few weeks ago at the Samara summit the EU and its leaders realized for the first time that they have to speak a common language. But it is not clear what Russia is going to do. Evidently, it wants to obtain some economic advantage. When he was in Finland two years ago, ex-president Clinton said he was hoping that Russian leaders would measure Russia’s greatness in the conditions of the 21st, rather than the 19th century.

“I got the impression that Russian leaders are more preoccupied with power and money. They have really failed to understand that they live in a world where everyone depends on each other. They still refuse to admit, at least officially, that Russia also badly needs Western know-how and technology to resolve some of the thorniest problems of their society. The day will come when they will have to acknowledge this. But now there are no signs that they are ready to do this. On the other hand, they are dreaming, in 19th-century categories, about the revival of an imperialistic state that would have nothing in common with the reality of the current century. How this can be resolved is a great problem for the EU. Ukraine is part of all this because it is very important both to Russia and the EU.”