The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area? CEPS Liberty and Security in Europe No. 74, December 2014

This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.

The Civil Society Forum of the Eastern Partnership four years on: Progress, challenges and prospects. CEPS Special Report, January 2014

Established in 2009, during the Eastern Partnership Summit in Prague, the Eastern Partnership Civil Society Forum supports the development of civil society organisations from the EU-28 and the six Partnership countries, namely Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. After four years of operation, the Secretariat of the Forum’s Steering Committee commissioned CEPS to conduct a comprehensive evaluation of its programme. This report singles out the institutionalisation and socialisation inculcated among its members as the Forum’s greatest accomplishment. In contrast to its internal developments, it argues that the external policy successes of the Forum remain modest. This report is the first attempt to conduct an in-depth assessment of the Forum's Annual Assembly, the Steering Committee and its Secretariat, the Working Groups and National Platforms. Ten actionable recommendations are put forward aimed at improving the Civil Society Forum’s standing and performance.