The autonomy of the EU legal order and the law-making activities of international organizations. Some examples regarding the Council most recent practice. Research Papers in Law 03/2012

[Introduction.] It is generally believed that while the principle of the autonomy of the EU legal order, in the sense of constitutional and institutional autonomy that is to say what concerns the autonomous decision-making of the EU, has been clearly strengthened by the most recent jurisprudence of the Court of Justice (eg. Moxplant3, Intertanko or the Kadi/Al Baraakat judgements or the Opinion 1/2009 of the CJEU etc.) as well as, in my opinion, in many aspects by the Treaty of Lisbon, it is still valid to add that the principle of a favourable approach, stemming from the Court jurisprudence, for the enhanced openness of the EU legal order to international law has remained equally important for the EU4. On the other hand, it should be also seen that in a globalized world, and following the increased role of the EU as an international actor, its indispensable and crucial role concerning the creation of world (legal) order in many policy fields ( for example let's think about the G20 issues, the global economic and financial crisis, the role of the EU in promoting and protecting human rights worldwide, the implementation of the multilateral or regional conventional law, developed in the framework the UN (e.g. in the field of agriculture or environment etc) or what concerns the Kyoto process on climate change or the conservation of marine biological resources at international level etc), it seems reasonable and justified to submit that the influence, for example, of the law-making activities of the main stakeholder international organizations in the mentioned policy-areas on the EU (especially on the development of its constantly evolving legal order) or vice-versa the influence of the EU law-making practice on these international organizations is significant, in many aspects mutually interdependent and more and more remarkable. This tendency of the 21st century doesn't mean, however, in my view, that the notion of the autonomy of the EU legal order would have been weakened by this increasing interaction between international law and EU law over the passed years. This contribution is going to demonstrate and prove these departuring points by giving some concrete examples from the most recent practice of the Council (all occuring either in the second half of 2009 or after the entry into force of the Lisbon Treaty), and which relate to two very important policy areas in the EU, namely the protection of human rights and the Common Fishery Policy.

eu spotlight 2012/07, December 2012: At long last, the EU takes on its banks

The agreement on establishing a common banking authority is paving the way for a banking union. The decision was reached by the finance ministers only hours before last December’s EU summit. After making headway on sovereign debt by deciding on a fiscal union one year beforehand in December 2011, the EU is by now also addressing the banking crisis and we know at least who is going to supervise who and what.

Cyprus ... A Test Case for Future European Banking Policy. CEPS Commentary, 21 March 2013

In this CEPS Commentary, the former Irish Prime Minister calls the precedents being set in the Cypriot banking case “troubling” and reflective of a lack of clarity and consistency of thought by both the eurozone Finance Ministers and the European Commission. He welcomes the rejection of the deal by the Cypriot Parliament as it now gives eurozone policy-makers a chance to think again about the underlying philosophy of their approach to the financial crisis.

Facilitated dialogue in the Balkans vindicates the EEAS. CEPS Commentary, 29 April 2013

As a result of EEAS-led facilitated dialogue, on April 19th the prime ministers of Serbia and Kosovo reached their first agreement on the principles governing the normalisation of relations. The agreement handed Catherine Ashton a diplomatic victory she badly needed and offered proof of the added value of the European External Action Service (EEAS) as a new EU foreign policy actor.

Tough love for sinners in the eurozone banking union. CEPS Commentary, 1 July 2013

The ministers of finance and the economy of the eurozone have now agreed on the main features of a new ESM instrument for the direct recapitalisation of euro area banks (Eurogroup, 2013) and on a framework for the recovery and resolution of credit institutions (Council of the European Union, 2013). However, as Stefano Micossi explains in this Commentary, the text that has come out of the frantic late-night negotiations in the Ecofin Council seems to leave unwelcome uncertainty as to the real scope of the new rules in the different national jurisdictions, while the lack of depositor preference in the bail-in pecking order may result in destabilisation. The proposed system appears not only highly intrusive but it also places a considerable burden of aid to the failing institution on the member state, raising doubts about its ability to “break the vicious circle between banks and sovereigns”.

A European global "security" strategy: offering seven-league boots to become a global actor. Security Policy Brief No. 45, March 2013

In mid-2012 the Foreign Ministers of Italy, Poland, Spain and Sweden took the initiative to launch the debate on a “European Global Strategy” and invited think tanks to set up a dialogue leading to the delivery of a report by May 2013.

Bologna Process Bucharest Ministerial Conference Takes Place amid Political Crisis in Romania. EUMA Papers Series Vol. 12, No. 5, May 2012

During the last week in April the Ministers responsible for higher education from 47 countries convened in Bucharest, Romania for the Ministerial Conference of the Bologna Process. On April 26 and 27, 2012 the venue for the meeting was the Palace of the Parliament, which was constructed by the dictator Nicolae Ceauşescu in 1984 and completed the year before his death by execution on Christmas Day 1989. One of the largest civilian buildings in the world was location for the first ministerial conference to take place since the European Higher Education Area (EHEA) became effective in 2010. Originally the creation of the EHEA was envisaged by the Bologna Process Declaration in 1999 which had representatives from 29 countries as signatories. This essay will describe the proceedings of the Ministerial Conference, report on the negotiations among delegates in parallel sessions and plenary sessions, discuss the thematic sessions with emphasis on “Global academic mobility: Incentives and barriers, balances and imbalances” and review the adoption of the Bucharest Communiqué and the Bologna Policy Forum Statement.

Strategic planning tools for European negotiators to defend their national interests in the Council of the European Union. EIPA Working Paper 2013/W/02

Summary. Negotiating in the Council of the European Union poses some challenges that are common to most international negotiations but there are other dimensions that are a lot more specific. In order to understand better the specific nature of negotiations on a European level and to develop some practical guidelines for European negotiators, it is important to situate European negotiations in the more general context of the theory on international relations and to remember that European negotiations are governed by the general principles which characterise the negotiation theory. This working document has three objectives; after having reminded ourselves of the fundamental principles that govern European negotiations, it aims to provide a general foundation, which in turn will be useful for preparing most negotiations within the Council. A series of practical recommendations will then be made in order to contribute to the strategic thinking of the negotiator responsible for defending the interests of his or her Member State within the Council.

Outils de réflexion stratégique du négociateur européen pour la défense de ses intérêts nationaux au sein du Conseil de l’UE = Strategic planning tools for European negotiators to defend their national interests in the Council of the European Union. EIPA Working Paper 2013/W/01

No abstract.

The Discursive double game of EMU reform: the clash of titans between French White Knight and German Iron Lady. Paper presented at the 9th Biennial Conference European Community Studies Association–Canada (ECSA-C), Ottawa, Ontario, April 27-28, 2012

From the Introduction. In the aftermath of the EU’s enlargement towards Central and Eastern Europe, many scholars and observers of European integration were proclaiming that the French-German “engine” of Europe had come to an end. The political legitimacy of French-German initiatives was contested by coalitions of smaller member states and the ‘new Europe’ was calling for new leadership dynamics. However, the experience of the Eurozone debt crisis provided dramatic evidence that no alternative to the Franco-German partnership has yet to emerge in the enlarged EU. In a time of existential crisis, Franco-German initiatives appear to have remained the basic dynamic of integration. However, unlike in the past, agreements on steps forward have proven to be particularly difficult. This is largely due to these countries’ contrasting political economic policy ideas, cultures, and practices....the paper analyses the ideational ‘frames’ of the two leaders while tracing their discursive interactions against changing background conditions since the European debt crisis was triggered by Greece in October 2009 until the last measures taken in 2012 before the French Presidential elections. The empirical analysis is based on a systematic corpus of press conferences and media interviews by Nicolas Sarkozy and Angela Merkel after European summits. It is complemented by a number of press interviews including some given by their respective Finance Ministers) and important speeches in that same period of time.

Do Institutional Changes Make a Difference? A veto player analysis of how institutional changes in the Council of the EU influence legislative efficiency and outputs. Brugges Political Research Paper No. 31, October 2013

A driving argument behind recent EU treaty reforms was that more qualified majority voting (QMV) was required to reduce the potential dangers of legislative paralysis caused by enlargement. Whilst existing literature on enlargement mostly focuses on the question of what changed in the legislative process after the 2004 enlargement, the question of why these changes occurred has been given far less attention. Through the use of a single veto player theoretical model, this paper seeks to test and explain whether enlargement reduces the efficiency of the legislative process and alters the type of legislation produced, and whether QMV can compensate for these effects. In doing this, it offers a theoretical explanation as to why institutional changes that alter the level of cohesion between actors in the Council have an influence over both the legislative process and its outcomes.

Relative direct democratic legitimacy. CEPS Commentary, 26 June 2014

As the European Council convenes today and tomorrow (June 26-27th) to confirm Jean-Claude Juncker as the candidate for President of the European Commission, CEPS Director Daniel Gros shows in this Commentary that the Council should de facto also be considered more a 'mini parliament' than an assembly of states and that the European Parliament cannot claim the monopoly on democratic legitimacy. For a practical application of the principles Gros presents in this commentary, see his column in Project Syndicate, 17 June 2014, in which he rejects the view that Jean-Claude Juncker has a democratic mandate to lead the European Parliament (www.project-syndicate.org/commentary/daniel-gros-rejects-the-view-that-j...