For Slovenian Media, A CNN/Obamacare Moment

Earlier today the Constitutional Court ruled on the constitutionality of the 2013 banking bail-in. Back then, Slovenia was on the brink of a financial meltdown with investors and money-men in general being overtly nervous that the country will follow Greece and Cyprus and further lengthen the odds of survival of the common European currency. Once the amount of bad debt and other toxic assets within the banking system was established (5 billion euro cumulative) the nitty-gritty of actually coughing up the dough was worked out. It was decided, mostly by the European Commission, that state-aid-like recapitalisation of the mostly state-owned banks was allowed only if private investors took the hit along with the taxpayers. Effectively, a complete nationalisation.

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Continue reading For Slovenian Media, A CNN/Obamacare Moment

Rule 34a

That Slovenia fought against watering-down of the Telecom Single Market directive (a.k.a. Single Digital Market) was for all intents and purposes the most surprising piece of information coming from this sorry little excuse for a country in the last ten days or so. Even more surprising than the decapitation of the bad-bank where the CEO and chief of the supervisory board were dismissed over excessive pay. And infinitely more surprising than the story of the NSA and German BND bulk-intercepting international calls from Slovenia between 2005 and 2008. Both of which will get written up here in due course. But first, this net neutrality thing.

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(source: savetheinternet.eu)

You can read it up, but the nuts and bolts of it are fairly simple: either everyone gets to use the web under the same conditions in terms of speed, access and services provided or network operators get to decide which services or users get preferential treatment (for a price, of course) and which get to crowd with the rest of us sorry bastards on the slow end of the interwebz. Or, what could happen is that the network operators get to pick their favourite service(s) and charge less – or nothing at all – for their use, relegating every other competing service to the status of an also-ran. Point being that under the proposed Single Digital Market directive the telcos get to pick the winners and the losers.

This is about where and how you’ll get your news, for example. Or your porn. Not that there’s much difference, but still. On the neutral net, where telcos/network providers compete with one another with plans, prices and ease of access, you’re able to pick and choose between RTVSLO, BBC, Russia Today, NaturalNews.com (yuck) or even FoxNews. On the not-so-neutral net your provider will most likely limit you to a handful of news sites, at least one of them being their own. Everything else will either be available at a premium or at lower speeds. Or both. The same goes for porn. The neutral net brings you PornHub, Redtube or plain old /hc/ board on 4chan.org, depending on your fancy. The other web brings you your provider’s porn service. It is a sort of Rule 34a.

 

If it exists, there is porn of it – no exceptions. Provided you pay for it and we get to deliver it.

 

And would you really like your network provider to know exactly what sick turn-ons you have? Methinks not.

And this is just the way things are today. Imagine a couple of years from now, when the IoT takes off for real. You buy a net-enabled fridge telling you what’s missing and updating your shopping list. But on the not-neutral web your network operator gets to choose which brand of the fridge gets preferential treatment within its network or which on-line shops are available for such a device. Hell, it can even limit your online shopping experience, preventing you from getting the best deal out there. Or maybe it can charge you extra if your wifi-enabled car needs an update. The list goes on forever.

Also, this is about cats.

All of the above makes it all the more astounding that Slovenia actually took up the issue on the EU level. I mean, here we have arguably the single most important long-term policy issue since the introduction of the euro and this country actually wants to do something? Wow. Just wow. In fact, Slovenia and the Netherlands were out-voted on the issue, with Croatia and Greece abstaining, while the 24 remaining member states green-lighted the draft (page 13 of the link).

You see, the thing is that next to the Netherlands, Slovenia is the only EU member to have set net neutrality as a legal norm. More or less. In Slovenia at least the legislation was watered down via lobbying by the telcos, but not enough to prevent the first-ever rulings by AKOS, the comms watchdog, which in January fined the two largest mobile providers for providing zero-rating services. And now, as the year slowly draws to an end, the European Commission put forward a draft Single Digital Market directive which would have made these rulings next to impossible as it basically trades the much-hailed abolition of roaming charges (two years hence) for a two-speed Internet (most likely to commence in various forms immediately). Little wonder Slovenia and the Netherlands have problems with it since it directly undermines their national legislation, several orders of magnitude better than what the draft directive provides for.

At its most crudest, this is a case where a drop in profits in one segment of the industry is mitigated by a free-fire zone of surcharges in another segment. Not to mention the fact that the move will have massive repercussions far beyond the consumer sector. Limiting speed and/or access to information will impact education and research, creative industries will once again be divided into haves and have-nots and home will no longer be simply where the wi-fi is.

This, despite the name, will be anything but a single digital market.

The ball is now in the European Parliament’s court. Last year, the EP shot down a directive draft which – compared to the current one – was more than acceptable. But with Brussels packing more lobbyists than Washington D.C., one can never be sure of the final outcome. (Slighty OT: Here is a handy tool on lobbying stats, courtesy of Politico.eu).

Which is why a number of grass-roots initiatives sprang up all over the EU to, well, save the internet. In Slovenia, too, where media and the politicos have apparently finally started paying attention. Whether this will be enough remains to be seen, but if the fate of the ACTA treaty a few years ago and the recent Safe-harbour ruling by the European Court are omens to go by, then this whole thing can still be overturned.

Because as it stands, for all the goodies it brings vis-a-vis mobile roaming, the TSM directive in fact heralds yet another social stratification. This time of a digital nature, ordained by the industry whose hey-day has long since passed.

Tele-kom, Tele-go

The supervisory board of the Slovenian Sovereign Holding (SDH) is expected to finally end the sad saga of the sale of Telekom Slovenije today. The state owned telco was put up for sale as a part of the deal then-PM Alenka Bratušek and her FinMin Uroš Čufer made with Brussels in 2013 to avoid a bailout that would send Slovenia into the special Olympics category together with Greece and Cyprus (as well as Ireland and Spain, to a lesser extent).

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Telekom Slovenije management might get new bosses soon (source: The Firm™)

To cut a long story short, the company was put up for sale soon after the SDH was formed and when it became clear that the new Slovenian government will go ahead with the attempted sale, despite PM Cerar’s vocal reservations during the election campaign, all hell broke loose. Cerar’s government nearly went tits-up with the SD threatening to quit the coalition (but didn’t and wouldn’t, because gravy train), there was a very public and very loud stooshie between the PM and his defence minister Janko Veber of SD, who was then relieved of his duties. And in general, as the days passed, the debate on Telekom was becoming ever more charged.

But in the end Deutsche Telekom, the supposed bogeyman in this story did not even place a bid, leaving Cinven, a British fund to go at it alone. Which was a bit of a #wtf moment, especially for opponents of the sale as it became clear that people are not exactly queuing to snap up the company. And after much wrangling the final offer was around 110 euros per share with additional 20 per share later on if certain conditions are met and benchmarks achieved. Yesterday, Telekom Slovenije (TLSG) traded at 98 euros per share. And in the end it was all about whether the SDH will accept Cinven’s offer. And this is where the fun really starts.

The issue is so charged both politically and emotionally that any politician with at least a half-developed survival instinct would rather walk away from it or find a way to maintain status quo. And every so often even PM Cerar gave the impression that he would rather see the Telekom problem simply go away. But it didn’t and in the end, the SDH management OKd the Cinven deal and kicked the issue upstairs, to the supervisory board. Which after much deliberation OKd the deal as well but kicked it upstairs to the government, acting as SDH’s shareholder assembly. And after even more deliberation (an eight-hour cabinet meeting on Sunday last), the government decided to kick the issue downstairs, to the SHD supervisory board, saying they’re paid to do it and that it’s their job.

Thus an interesting situation was created whereupon the SDH management, its supervisory board and government green-lighted the deal, and now everyone is looking around, waiting for someone to say “sold!”. The Board is apparently scheduled to meet later today as to catch a deadline set by Cinven. The fund is threatening to pack-up and leave should the deal be nixed or final decision somehow delayed yet again.

But on the fate of the deal hinges the internal dynamic of the coalition. Namely, should the deal go south at the very last moment (and that at the moment seems unlikely, despite the massive pressure from anti-privatisation camp), the SD, now barely hanging on would probably score massive points, overtake United left (ZL) at the top spot in the polls and probably start calling the shots within the coalition. Most of them, anyway. Because not only is the SD fighting a politically symbolic battle, the outcome will have massive repercussions for the party in terms of access to resources, influencers, decision makers, and the party’s own political prospects.

Watching very carefully will be Karl Erjavec of DeSUS, who is mostly sitting this one out, but is gearing up for a similar fight over Zavarovalnica Triglav, the largest insurer in Slovenia. If Miro Cerar and his SMC prevail, then Teflon Karl better start preparing a different strategy to keep Triglav in state hands and, by extension within his sphere of influence. If, however, the Telekom is not sold, then Erjavec can simply cash in the support he gave to the SD prior to election, divide the spoils and live happily ever after.

Not that the anti-privatisation camp is throwing in the towel, either. While the SD will probably not leave the coalition over the Telekom (not that it could, with its six votes, anyhow), they are trying everything else. Thus yesterday evening an 11th hour attempt was made at derailing the deal. Mladina weekly ran a story about a due-diligence, commisioned by a potential bidder which supposedly showed Telekom shares are worth as much as 190 euro.

Now, under normal conditions would have been a bombshell. But these are not normal conditions. The pressure brought to bear in this case is beyond anything we’ve seen in recent history. At the very least, this is the first time the wrangling, arm-twisting and threats are done out in the open, at the highest level of politics and public life in general. Therefore, the first question that begs asking is why is it then the British fund is the only bidder? This phantom bidder could have made an offer of say, EUR 150 per share and still make a deal of the decade. But it didn’t. And that’s all that matters.

At any rate, whatever the fuck the SDH supervisory board decides today, will probably mark the end of a period. Not just for Telekom Slovenije, but for Slovenian politics. The fallout will be massive. If the deal falls through, what little credibility Cerar’s administration gained at home and in Brussels, will have disappeared as the PM will be seen as being shoved around easily. If, however, the SDH board does finally OK the sale, Cerar’s problems are far from over. Not only on account of DeSUS holding a baseball bat to fend of privatisation of Zavarovalnica Triglav but also because the anti-privatisation camp nearly succeeded this time around and will be anything but disheartened in the next round.

And while early elections are not in the cards any time soon (not yet, at least), life in the ruling coalition will become increasingly difficult as the SD seem to have found their voice (their only problem being that it is the same voice the ZL is using, only much more effectively). With this in mind, the possibility of a coalition expansion or even reshuffle seems plausible.

 

 

Eurothings Slovenly But Syrizaously Going South

Since Greece and the rest of the Euro zone gave each other the finger the other day, a few things need to be said before things go syrizaously wrong in this neck of the woods. What was expected to be the day of another euro-compromise, brokered in the wee hours of the morning, the whole thing fell apart, seemingly with Greece and its new government on one side and he rest of the Eurozone on the other.

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But in reality, what we have here is not a game of playing chicken, with Greece and the Eurozone counting on each other to blink first. Rather, what we are witnessing is a Mexican stand-off of gigantic proportions where almost every member of the Eurozone is holding a gun to the head of most other members and at the same time virtually all Eurozone governments are held at gunpoint by their electorate, something they’ve only themselves to blame. Namely, by bailing out German and French banks with their taxpayers’ money and now trying to make the Greeks foot the bill, they’ve found themselves in exact opposite of Greek Syriza: while Tsipras and Varoufakis promised to end the vicious cycle of more cuts for more money, leading to less growth which creates the need for even more cuts and the need for even more money (and so on ad nauseam), the governments of Germany, The Netherlands and even Slovenia (to name but a few) are under increasing pressure to make sure the taxpayers get their money back.

Thus, a clustefuck of gigantic proportions was created, where legitimate positions of all governments involved preclude one another and are starting to resemble the old joke about an irresistible force and the immovable object. There rarely was a greater need for the (black) art of the European compromise.

The position of Slovenian government is especially interesting in this case. Apparently, finance minister Dušan Mramor more or lees told his Greek colleague Yanis to go Varoufakimself with his ideas of increasing public sector employment and expenditure while everyone else – including Slovenia – is slashing costs to make ends meet. Not that the ends are anywhere near each other – Slovenia will have to raise 1.5 billion, 15% of the budget, in loans in 2015 alone.

Reassuring Mramor

Mramor was apparently indignant over the fact that in per capita terms Slovenia is among the most exposed member states in the Greece omnishambles but was having no say in the matter as Tsipras and Varoufakis were negotiating with the big boys (and girl) only. As if Mramor way trying primarily to reassure himself by lashing out at Greece rather than trying to find some middle ground or even support Greece in its, well, “need for more time“.

But reassuring himself or the Slovenian taxpayer Mramor is not. It is more than obvious that most (if not all) money loaned to Greece will never get repaid and that Franci Križanič, FinMin in the Borut Pahor government (2008-2011) was talking bullshit when he said Slovenia will make money with the loan.

Mramor’s going after Greece suspiciously coincides with feces coming dangerously close to a mechanical air ventilator in the case of 3-billion-heavy bailout of Slovenian banks in late 2013.

Junior bonds extinction

Namely, accusations were made by Tadej Kotnik (curiously, a biophisycist and vicedean of faculty of Electrical Engineering) that recapitalisation of the banks and especially the accompanying extinction of subordinated bank bonds (in effect, complete nationalisation of Slovenian banks) was illegal, pre-arranged and non-transparent. But the gist of it, it seems, lies in the allegation that the Bank of Slovenia (this country’s central bank, aptly shortened to BS) back-dated a key measure to cover up the fact that eradication of junior bonds was agreed-upon in advance with the European Commission and was not some sort of a last-ditch measure to save the banks.

Now, Kotnik, a private individual and a member of the Association of Small Shareholders, apparently invested heavily in subordinates and thus lost quite a substantial amount of money. He also challenged the bond extinction at the Constitutional Court but the court deferred to the European Court of Justice as the bailout measures were coordinated with the European Commission and under EU law directly.

Anyhoo, the thing is that the Bank of Slovenia, specifically Governor Boštjan Jazbec fucked up their initial response, hiding behind legal clauses and non-disclosure of financial information, thus giving credence to Kotnik’s accusations which are, it seems, mostly based on one or two sources within the BS.

obviously all hell broke loose, with MPs screaming for a parliamentary investigation, various political parties scrambling for cheap political points and Jazbec, after a press conference was finally held, fucking up further with a seriously distorted view of (non)accountability of the institution he heads and the office he holds.

Namely, Jazbec, after explaining that everything is OK and within the bounds of the law and that two wildly different appraisals of the state of the largest bank NLB are not all that unexpected decided to explain the matter further to… the government. As if it wasn’t the parliament who appointed him to the position and as if it wasn’t the parliament who represents the sovereign of this country, the people. Or, as they are more commonly known these days, the taxpayers.

While the government of course needs to be in the loop, Jazbec would do well to address the parliament first, since it was the people’s euros he spent on propping up the banks. But as things stand now, he is making one small(ish) mistake after the other and if he doesn’t stop digging soon, he may find himself in a hole too deep to climb out of. Especially since political parties are scrambling to put a daylight betweeen them and anything that might make them look responsible for the disastrous state of the banking sector. Which is why the Social Democrats are all of a sudden deeply worried about the situation. As if it wasn’t them who ran the financial portfolio in the ill-fated Pahor government (when things started going south for real) and who were junior partners in the Bratušek government which engineered the bailout. Almost the same goes for the SDS, which led the government during the pre-2008 spending spree and which performed a couple of smaller recapitalisations of the NLB (couple a hundred million a pop) and is now screaming bloody murder and demanding a parliamentary investigation.

The sad reality

The reality, of course, is much more prosaic. After Greece and Cyprus, Slovenia was to be next in line for the Troika Treatment. And since the political mantra in the Eurozone at the time was that individual stakeholders, not just the state as such must bear the cost of the bailout, it was more or less obvious that erasing junior debt was unavoidable. Even more. If there is one point where Tadej Kotnik is correct is that the whole process was most likely pre-arranged and coordinated with Brussels. You see, at the time Slovenia for all intents and purposes was under administration, with the European Commission pouring over every aspect of economic and/or fiscal policy, confirming some, rejecting others. And so it seems plausible that the bailout of the banks, the extent and the mechanics of it were approved by the EC before they were enacted by the Bratušek-Čufer-Jazbec trio. That the Commission formally approved the measures taken fairly soon thereafter only goes to strengthen the point.

The above seems to suggest that the problem was not so much in the execution of the bailout but in the definition of the problem. You see, at the time the fate of Slovenia was in the hands of a budget specialist (Bratušek), a higher-level bank manager (Čufer) and a macroeconomist (Jazbec). None of them were in office for a particularly long time, while the country as such was held at gunpoint, not to mention the political turmoil on the home front. For them to understand that the problem was one of policy concept and not (only) of numbers would demand an extraordinary insight. Even more – even if they had the insight (it seems plausible that at least some people advising them did manage a wider outlook), it remains doubtful if they had the room to manoeuver.

Which, not surprisingly, brings us back to the current Greco-German spat. Unlike the Slovenian government of Alenka Bratušek, the new Greek PM Tsipras and his FinMin Varoufakis fully understand the problem is political, even ideological. But they, too, have precious little wiggle room. Because just like Syriza is acting on a mandate by the people, so, too, are the Germans and the rest of the Eurozone. At some point they will have to explain to their voters why they used their money to prop up mostly German and French banks, overexposed in Greece. I’m sure it seemed a good idea at the time and in the panic that gripped the EU when Greece all but defaulted, the last thing anyone wanted was a bank run. But to bailout its banks, the Eurozone took out an even bigger loan with their voters and not being entirely candid on what the money was being spent on.

Extend and pretend

With this in mind, it is not only Greece that is – in the words of Yanis Varoufakis – resembling a drug addict. The (rest of the) Eurozone, too, is asking their voters trust and understanding they may not be ready to give anymore. Which makes the ruling centrist(ish) parties in Europe nervous which, by extent, leads to some uneasy moments of disturbing clarity, such as German FinMin Schäuble apparently saying the Tsipras government is acting irresponsibly. Patronising, even smacking of colonialism. But in reality most likely nothing more than a show of frustration at the realisation that even if the new Greek government does decide to play ball and continue with the established sparprogram, the game is more or less up and “extend and pretend” is from now on a two-way street.

And that no one knows how long the voters are going to continue buying it.

 

Patriot Act: Constitutional Court Gives Goverment Carte Blanche

Earlier today the Constitutional Court nixed referendums on laws on state holding company and bad bank. Brainchildren of finance minister Janez Šušteršič, these are perhaps the most crucial pieces of legislation the government of Janez Janša pushed through the legislative procedure so far. Or will have pushed at all. However, regardless of one’s take on this particular set of laws, it is the ruling of the constitutional court that will go down in history. Namely, in its drive to prevent referendums on these to laws, the court – willingly or by chance – gave this (and every other) government a carte blanche. Allow me to elucidate with references to specifics…

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The sa(i)d ruling. Full text here

Normally, pengovsky would go apeshit over denied referendums. After all, that same court in that same composition allowed a referendums on pension reform and the family code. In the latter cases judges defended the right to vote at all costs, while this time around they liberally applied “values before rights” approach. Specifically, they said that the right to a referendum must give way to values of a functional state including creating conditions for economic growth, human rights, including social and labour security and freedom of enterprise, fulfilling international obligations and effectively enforce EU legislation in Slovenia.

The last item was the usual mantra of every government in the history of this country. “It’s the EU” was the trump card which effectively ended every debate. The fact that the Constitutional Court succumbed to it leaves a sour taste in one’s mouth. Ditto for “fulfilling international obligations”. Both items mean that any government can make whatever deal anywhere in the world, be it Berlin, Brussels or Washington, ratify a treaty and have a referendum bid killed almost instantly.

The second item, about human rights and social security is pure cynicism, the likes of which we’ve come to expect from Janša’s government but not from the supreme defender of the constitution. Allowing referenda on pension reform and family code a year ago, knowing full well both laws will be rejected and thus making sure life got no better for a lot of people, the very same constitutional court denies the right to a referendum on how to manage state (that is taxpayers’) property.

However, all of the above pales in comparison with the first item. Functional state including creating conditions for economic growth is nothing short of a “State Protection Act” or, to use its international moniker, The Patriot Act. As of today, the government can do whatever the fuck it pleases. Traffic fines. Education. The budget. Bad bank. Voting system. You name it. Anything can fall in the “functional state” category. With this, democracy is no longer a system but a random act of benevolence of the powers that be.

In the final analysis, the people of Slovenia are no longer the sovereign of this country. Instead, they’ve been relegated to status of “consultation body” which the government may ask a thing or two from time to time, but whenever the people would want to question decisions of their elected representatives, the need for a functional state” card can (and will) be played.

Not buying it? Try this on for size. When this same constitutional court nixed Tito Street in Ljubljana, again citing various values, it made it clear that was a one-off decision, although the court’s rulings are usually taken as precedents. This time, however, there is no such clause. This is it. Functionality of the country comes first, our rights as citizens be damned.

If you don’t agree with it, you can take it up with the Constitutional Court. Oh, wait..

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