Unionsrecht

“Union law” in Germany apparently means European Union law and not the rules of the conservative Christian Democratic union consisting of the national-level C.D.U. + the Bavarian state C.S.U. This distinction became clear during a television news discussion about the legality of C.S.U. head Horst Seehofer’s strange and very unsettling* campaign promise to create a toll for foreigners driving on Bavarian roads. Mr. Seehofer’s political party, which has ruled Bavaria since 1946, claimed they did a survey that found 88% of Bavarians disliked foreigners enough to support the C.S.U.’s proposed toll or “Ausländer-Maut.” C.S.U. proponents also said the country of Austria introduced a similar foreigners fee and why wasn’t that illegal but their state-level proposal is.

The Bavarian state election (for the Landestag, state parliament) was Sunday, 15 Sep 2013, one week before Germany’s Bundestag election.

During the campaign—mercifully short by U.S. standards—the C.S.U. party promised Bavarian voters it would refuse to join a German federal government coalition after the 22 Sep 2013 federal election if their federal partners said they couldn’t tax foreigners. But it’s hard to believe the C.S.U. could afford to exit that coalition. Bavaria is said to have the best schools in Germany, so it’s hard to believe Bavarian voters would believe the C.S.U. when they promised to exit that coalition, either. The threat didn’t work on Chancellor Merkel (C.D.U.), on the surface at least. During what was apparently the only formal evening debate between the two largest parties’ candidates, she said on national television that the C.S.U.’s proposed foreigner-specific state road toll was not going to happen.

But the whole point appears to have been to talk about taxing foreigners in Bavarian beer tents, because Horst Seehofer persisted in doing that even after Angela Merkel’s quiet and very public “no.” Mr. Seehofer’s challenger, Munich mayor Christian Ude (S.P.D.), called it “eine bewusste Irreführung der Bevölkerung,” a deliberate confusion or leading-into-crazy-country of the people.

* Not only do proposals like this sound like they could grow racism, but as we now know since the Snowden trove revelations there are several ways the new toll could be used to spy on foreigners.

(Oo n YO nz wrecked.)

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