Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

The Schengen Governance Package-another missed opportunity?. IES Policy Brief Issue 2015/1, February 2015

The Schengen Area of free movement is considered to be one of the most substantial and, in the eyes of many, most successful achievements of European integration. In 2014, the ‘Schengen Governance Package’, which alters the rules of the Schengen co-operation, came into force. It is a response to conflict among Member States in maintaining the common zone of freedom of movement. This Policy Brief aims to analyse how this package was developed and to assess whether it represents a suitable response to the conflict and difficulties within the Schengen agreement. The Brief argues that the Governance Package only touches on one part of the problem, namely border controls, whereas it does not deal with solidarity and burden-sharing and hence represents another missed opportunity to improve cooperation in the Schengen Area.

Analyser l’influence du syndicalisme agricole majoritaire: quelle utilité pour le modèle néo-corporatiste? Etude de cas à partir du «mini-paquet lait» = Analyze the influence of the majority agricultural trade unionism: what use to the neo-corporatist model? Case study from the "mini-milk package". Bruges Political Research Paper No. 35, August 2014

Cette recherche se propose de réfléchir sur la place des groupes d’intérêts dans le système politique de l’UE en partant de l’exemple de la filière lait. Dans un système généralement pluraliste, la PAC fait en effet figure de cas particulier puisqu’elle a fonctionné à partir des années 1960 sur une logique de co-gestion de la politique des marchés entre la Commission et la principale fédération agricole européenne, le Comité des Organisations Professionnelles agricoles (COPA) associé depuis 1962 au Comité Général de la Coopération agricole de l'Union européenne (COGECA). Néanmoins, du fait du processus de réforme de la PAC engagé depuis 1992, il paraît nécessaire d’analyser si la logique de co-gestion est remise en cause. Cette recherche conclue qu’il existe bien un rapport néo-corporatiste dans le secteur laitier, dans le sens où un acteur en particulier, le syndicat COPA-COGECA est parvenu à influencer de manière déterminante la procédure en obtenant de renforcer le pouvoir de négociation des producteurs sans revenir sur les réformes récentes de la PAC.

Too good to be true? A quick assessment of the EC’s new Better Regulation Package. CEPS Special Report No. 108/May 2015

On 19 May 2015, the European Commission published a very comprehensive, ambitious and innovative Better Regulation package, which contains new guidelines on various phases of the policy cycle and various documents setting out the rules and functioning of entirely new consultation platforms and a new body in charge of regulatory scrutiny. This Special Report presents some initial impressions on the content of this remarkable set of new documents, which will shape the way in which EU policies will be prepared, shaped, monitored and evaluated in the years to come.

The Schengen governance package - another missed opportunity? IES Policy Brief Issue 2015/1 February 2015

The Schengen Area of free movement is considered to be one of the most substantial and, in the eyes of many, most successful achievements of European integration. In 2014, the ‘Schengen Governance Package’, which alters the rules of the Schengen co-operation, came into force. It is a response to conflict among Member States in maintaining the common zone of freedom of movement. This Policy Brief aims to analyse how this package was developed and to assess whether it represents a suitable response to the conflict and difficulties within the Schengen agreement. The Brief argues that the Governance Package only touches on one part of the problem, namely border controls, whereas it does not deal with solidarity and burden-sharing and hence represents another missed opportunity to improve cooperation in the Schengen Area.

The energy security package: significant overhaul or business as usual? EPC Commentary, 24 February 2016

On 16 February 2016, the European Commission presented its energy security package, the first major delivery of the Energy Union agenda. The package includes legislative texts (the revised Regulation on Security of Supply and the Decision on Inter-Governmental Agreements) and non-legislative texts (the Communications on the LNG and Storage Strategy and the Heating and Cooling Strategy). This commentary takes stock of the political and market conditions surrounding the proposal, highlighting strengths and weaknesses of the EU’s approach. It argues that more attention should be devoted to demand to ensure correct investment signals, which are key to the strategy’s success.

The Better Regulation Package: Creating better regulations, but for what kind of EU politics?. European Policy Brief No. 39, October 2015

Back in July 2015, we acknowledged the priorities established by the Luxembourg presidency, topped by ambitious cross-sectoral dossier of Better Regulation and the Interinstitutional Agreement negociations. We investigated these issues through the lens of their “A Union for the Citizens” pledge. With four months left, this promise to EU citizens still has much to deliver if it is to meet expectations. This paper is a mid-term look at the advances made with these dossiers.

An agenda for the European Council: feasible steps to bring the eurozone back from the precipice. CEPS Policy Brief No. 274, 20 June 2012

In the run-up to the emergency European Council meeting at the end of June, Stefano Micossi outlines in this Policy Brief the main elements of a realistic and yet incisive policy package, capable of reassuring financial markets and a bewildered public opinion. It is more than Germany has been willing to accept so far but much less than many of the demands it will confront at the Council meeting. More importantly, it only requires a minimum of additional disbursements by the member states, while strengthening risk-sharing for sovereign and banking risks.

Performance of long-term care systems in Europe. ENEPRI Policy Brief No. 13, December 2012

The evaluation of long-term care (LTC) systems carried out in Work Package 7 of the ANCIEN project shows which performance criteria are important and – based on the available information – how European countries score on those criteria. This paper summarises the results and discusses the policy implications. An overall evaluation was carried out for four representative countries: Germany, the Netherlands, Spain and Poland. Of the four countries, the Dutch system has the highest scores on quality of life of LTC users, quality of care and equity of the LTC system, and it performs the secondbest after Poland in terms of the total burden of care (consisting of the financial burden and the burden of informal caregiving). The German system has somewhat lower scores than the Dutch on all four dimensions. The Polish system excels in having a low total burden of care, but it scores the lowest on quality of care and equity. The Spanish system has few extreme scores. Some important lessons are the following. The performance of a LTC system is a complex concept where many dimensions have to be included. Specifically, the impact of informal caregiving on the caregivers and on society should not be forgotten. The role of the state in funding and organising LTC versus individual responsibilities is one of the most important differences among countries. Choices concerning private funding and the role of informal care have a large effect not only on the public expenditures but also on the fairness of the system. International research into the relative preferences for the different performance criteria could produce a sound basis for the weights used in the overall evaluation.

Trends and gaps in the academic literature on EU labour migration policies. CEPS Paper in Liberty and Security No. 50/December 2012

This paper provides an overview of the ‘state of the art’ in the academic literature on EU labour migration policies. It forms part of the research agenda of Work Package 18 of the NEUJOBS project, which aims at reviewing legislation and practices regarding the labour market inclusion and protection of rights of different categories of foreign workers in European labour markets. Accordingly, particular attention is paid to the works of scholars who evaluate the status of rights of third-country national workers in relation to labour market access, employment security, social integration, etc., in European legislation on labour immigration. More specifically, the review has selected those scholarly works that focus specifically on analysing the manner in which policy-makers have addressed the granting of rights to non-EU migrant workers, and the manner in which policy agendas – through the relevant political and institutional dynamics – have found their translation in the legislation adopted. This paper consists of two core parts. In the first section, it reviews the works of scholars who have touched on these research questions with respect to the internal dimensions of EU labour migration policies. The second section does the same for the external dimensions of these policies. Both sections start off by analysing the main trends in the literature that reviews these questions for the internal and external dimensions of European migration policies as a whole, and then move on to how these ‘trends’ can (or cannot) be found translated in scholarly writings on labour migration policies more specifically. In the final section, the paper concludes by summarising the main trends and gaps in the literature reviewed, and indicates avenues for further research.