Tuesday, April 19, 2016

Corruption is the EU’s Achilles Heel

Thanks to the Panama Papers, corruption is finally on the front pages.   

The “Panama Papers” leak reveals widespread use of offshore accounts, especially in Europe. Experts believe that that most of the exposed accounts have been used for tax evasion and also note that the firm from which the information was taken is only one of many that create such accounts.  

Will the leak matter? There’s certainly evidence that it should. Among other things, strong EU action on corruption could greatly increase the viability of the union and make the difference in preventing Brexit.

Corruption is a core issue.


The UN, which just released a world happiness report, includes “freedom from corruption” as one of just six key measures.

And RAND just released a report for the EU Parliament which states that government corruption costs the member states somewhere between €179bn and €990bn in GDP loss per year. Those numbers don’t include tax evasion (estimated at $78bn) or corporate tax manipulation (estimated at $80bn).

These reports, and many others, describe perceptions of widespread corruption as undermining the public’s view that society is subject to the “rule of law.” That’s a very big deal and is actively feeding Euroskepticism.

Look closely, and you’ll see that the Euroskeptics’ growing appeal rests on a four-legged stool – the economy, terrorism, migration – and corruption. The first three are about effectiveness, the last is about legitimacy. If there’s no sense of a rule of law, support will erode even if effectiveness grows.

On corruption, employed here to include cheating officials, tax evasion, and tax manipulation, the EU has been a mighty report-generating machine. Action? Not so much.

Consider just four examples of egregious inaction and moral passivity where the EU’s Council and its oversight body, the EU Commission, ignored crime and manipulation.

1)     Despite knowing that the core of Greece’s financial disaster was the failure of wealthy elites to pay taxes, the EU failed to make this a central issue in the bailout, instead requiring harsher pension reform. That’s not going well. And the EU also avoided any serious criticism when the previous government failed to take action against people with Swiss accounts.

2)     Despite strong evidence that corrupt judges and other officials were responsible for the takedown of Bulgaria’s CCB bank in 2014, the EU has said nothing and has offered little help to the current PM who is trying to clean things up. And the apparent victim, Tsvetan Vasilev, is still subject to EU extradition orders that would likely force him to face the same judges who helped broker the fraud.

3)     Even though economists and other professionals had long spoken about them, people in Brussels, claimed to be surprised by rampant tax manipulation on the part of Apple, Amazon, and many others.

4)      Even though the Swiss branch of HSBC was actively promoting cross-border tax evasion to not just the wealthy but also the well-off throughout the union, EU leaders absurdly claimed to know nothing about this destructive practice until they read about it in the newspapers.

Rule of law?

Like New Yorkers in the 1960s who ignored street violence, when it comes to financial crime, leaders across the EU “don’t want to get involved.”

The EU can’t hide behind legal constraints. Tax manipulation and tax evasion thrive because they’re transnational. If Brussels can be a pervasive regulator of life’s minutiae such as product labeling, why can’t it at least be a strong, unremitting voice for tax justice?

EU survival requires a new community mindset on corruption. Instead of tiptoeing around the concerns of a few national politicians, the EU will have to seize the bully pulpit and speak directly to the people.

Strong and immediate action on tax evasion would be very popular. It could begin with the creation of a high profile agency with a prominent leader who releases regular, highly visible reports on outcomes that highlight leaders and laggards among member nations. Calls for a ban on allowing tax criminals to remain anonymous would add some energy – ordinary people hate letting cheaters avoid publicity.

Offshore tax havens would be told to either become transparent or lose all banking and commercial connections with the EU. Who cares if officials in countries like Panama and the Cayman Islands are upset?

Next, a major push to harmonize tax laws to prevent corporate manipulation would generate lobbyist-drive resistance, but an assertive EU position would be immensely popular simply because it would be morally right.

Finally, aggressive national measures in the area of government corruption should become a condition of continued EU membership. Be certain that the roar of popular approval across the subcontinent will drown out the complaints of purchased politicians.

It’s important to note that adopting a bold stand on corruption is likely the only action that the EU could take between now and June 23 to avert Brexit. Which is more appealing to voters? Advocacy for a truly level field on taxes and a strong push to eliminate financial crime and manipulation? Or, maintaining policies that are at best confused if not actually complaisant?


The EU has a choice here. It could move fast to fix its moral foundation, quickly generating the kind of citizen support that will make it better able to deal with its other problems. Or, Brussels could announce that it will issue another report.