Europe

“We will want to prevent EU judges gaining steadily greater control over our criminal justice system by negotiating an arrangement which would protect it. That will mean limiting the European Court of Justice’s jurisdiction over criminal law…” That was David Cameron a year ago when he presented the Tories’ EU policy ahead of the General Election. As we all know, much has changed since then. The pledge to ‘repatriate’ powers has been dropped, a victim of the Coalition deal. But despite this, MPs now have a huge opportunity to make good on pledges to regain control over EU justice laws, and even to repatriate powers should they want to – without having to change a single comma in the EU Treaties. How?

David Davis and Jack Straw have joined forces to resist the enforcement of prisoner voting rights, an emotive issue bequeathed to the hapless coalition by the previous government. Beside the obvious moral question concerning prisoners’ rights, Davis hopes to open a second front in the struggle over sovereignty with the European Union. He told Politics Home: ‘There are two main issues here. First is whether or not it is moral or even decent to give the vote to rapists, violent offenders or sex offenders. The second is whether it is proper for the European court to overrule a Parliament.’ Unless Davis has confused his articles, his second point is invalid. This decision has nothing to do with the European Court or the European Union.

The trouble over the European Referendum Bill rather sums up the current state of the relationship between the Conservative party leadership and its more truculent backbenchers. The Bill was meant to be something to cheer up the troops. But it has ended up going down so badly that the whips have been left tearing their hair out and wishing that the government had never introduced it. Some of the policy differences between the leadership and the backbenches will never be resolved, particularly in coalition. But, as so often, a lot of the difficulties with this bill have been caused by poor communication and an inability to take proper soundings. The more one talks to Tory MPs, the more one is struck by how they feel that there is no proper feedback mechanism.

It is to his credit that nuance is a word inimical to Lord Tebbitt. The unashamedly independent voice of the past has written a cutting piece about the coalition, the Lib Dems and the Oldham East by-election. He says: ‘A Lib Dem win would tilt the Coalition even farther Left and away from Conservative policies.’ Many Tory ministers joke that they thought themselves right wing until meeting their Liberal colleague. This is a radical government that many on the right can cheer.

For a while it looked like the West had the upper hand. Belarus' Aleksandr Lukashenko, Europe's last dictator, seemed to be moving away from Russia and closer to the West. A succession of European ministers went to see him and returned to develop packages of support and assistance with his country. In that new "Great Game" played out on Europe's periphery it looked like Vladimir Putin's winning streak was finally coming to en end, after partial success in Georgia and outright victory in Ukraine. Or so European leaders hoped. But any hope of changing Belarus' position has now been dashed with the violent crackdown in Minsk against pro-democracy activists following December's presidential elections.

Today’s papers are full of the Tory right asserting itself. In the Mail On Sunday, Mark Pritchard—secretary of the 1922 committee—demands that the Prime Minister and his allies come clean about any plans to create a long-term political alliance between the Tories and the Lib Dems. In The Sunday Telegraph, there’s a report that Tory rebels will vote with Labour to try and defeat the coalition’s European Union Bill. I suspect that these stories presage one of the major themes of the year, an increasingly assertive right of the Tory parliamentary party. For too long, Cameron has neglected his own MPs both politically and personally. The result is a willingness to cause trouble for the government.

It's Christmas Eve, and the Daily Telegraph have wrapped up their sting operation in time for tomorrow. The final victims are the Foreign Office minister Jeremy Browne and the children's minister Sarah Teather. As it happens, Teather gets off without blemishing her copybook: her greatest indiscretion is to claim that Michael Gove is "deeply relieved" to be in coalition, as it means more funding for schools. Browne, though, is a touch more forthright: he says that Tory immigration policy is "harsh" and "uncharitable," but that Lib Dem involvement will provoke a "more enlightened" outcome. He adds that the Tories' EU grouping contains parties that "are quite nutty and that's an embarrassment to them.

Germany is one of the few countries that Nick Clegg has been able to look to for tips on how to be a successful Liberal party in coalition with a larger Conservative party. In 2006, Guido Westerwelle even took a delegation of Free Democrats to a Lib Dem frontbench meeting. Coffee House once predicted that, if the AV referendum was won, Clegg could one day become Britain's Hans-Dietrich Genscher, a permanent powerbroker. The parties are of course different in many ways. The Free Democrats are decidedly more pro-market and pro-business than the Liberal Democrats. They also have a lot more experience of government. Before the last election, the Free Democrats were part of Helmut Kohl's governments until 1998.

Dick Marty's report on Kosovo leader Hashim Thaci has rightly caused quite a storm. Accusing the recently re-elected Kosovo prime minister of running a mafia-like state, and even controlling a organ-trafficking ring, has not only led to condemnation but is being used by some as an excuse to re-tell conspiracy theories about what actually happened in the 1990s. First things first. The CoE report's accusations should be investigated by at least two courts: ICTY in the Hague and the Kosovo courts (the latter with the help of the 1800-strong EU police-and-justice mission). If any of these fail to take up the task, a court in an EU member-state should take it upon themselves to investigate the allegations.

That the Conservatives and the Lib Dems disagree fundamentally on Europe is a well-known fact. But how much they disagree is rarely put on display as clearly as in today’s European Voice. Andrew Duff, Liberal Democrat MEP and president of the Union of European Federalists, argues that the coalition’s European Union bill – David Lidington’s masterpiece – amounts to “legal pedantry” and will make the UK an “untrustworthy negotiating partner, particularly in matters of treaty amendment, which is such an important driver of European integration.” 'At home, referenda will unleash the forces of populist nationalism. Facile coalitions of nay-sayers will form to block Britain's progress in Europe.