Making the impossible possible: the prospects for visa-free movement between the EU and its eastern partners. OSW Point of View Number 27, May 2012

To make the abolition of visas in relations between the EU and the Eastern European countries possible, the ”spell cast” must be broken on this issue. With the present levels of mobility and people-to-people, business and political contacts the introduction of a visa-free regime will be a natural consequence of the liberalisation processes which have been at work for years.Moreover, the decision to lift the visa requirement is unlikely to significantly stimulate an increase in migration pressure from Eastern European countries but could reduce the operating costs of expanded Schengen consular network. Lifting the visa requirement for Eastern European citizens can be temporary and conditional and allow for actual implementation of an increased conditionality rule. In political terms, making visa liberalisation a key issue would fundamentally change the partners’ approach to the Eastern Partnership and would provide a link to the Partnership for Modernisation targeted at Russia.

EU migration policy - new realities, new opportunities. CHALLENGE EUROPE Issue 22 - Challenges and new beginnings: Priorities for the EU’s new leadership. September 2014

European countries, like the United States, Canada, and Australia before them, are becoming lands of immigrants. While the percentage of foreign-born residents in the EU is still relatively low, immigration is a significant factor in European societies and their labour markets. Therefore, the question whether or not we need migrants is moot. Instead, we should focus on how to make the most of migration and how to make Europe attractive to the migrants we need.

Education, migration, and job satisfaction: The regional returns of human capital in the EU. Bruges European Economic Research (BEER) Papers 1/November 2004

The paper looks at the link between human capital and regional economic performance in the EU. Using indicators of educational stock, the matching of educational supply and labour demand, and migration extracted from the European Community Household Panel (ECHP), it identifies that the economic performance of European regions over the last few years is generally associated with differences in human capital endowment. However, and in contrast to previous studies, the results highlight that factors such as the matching of educational supply and local labour needs, job satisfaction, and migration may have a stronger connection to economic performance than the traditional measures of educational stock.

Unconfirmed but still feared: the tidal wave of Bulgarians and Romanians one year later. EPC Commentary, 15 January 2015

This time last year politicians and media were stoking fears over the massive floods of Romanians and Bulgarians who were about to invade the UK (but not only) as the employment restrictions for these EU citizens were being lifted in nine remaining EU Member States. These fears have proven to be unfounded. Nevertheless, major national and EU developments will continue to feed this debate.

Whose Mare? Rule of law challenges in the field of European border surveillance in the Mediterranean. CEPS Liberty and Security in Europe No. 79/January 2015

This paper examines key developments in the field of European border surveillance in the Mediterranean. By asking, ‘Whose Mare?’, we focus on rule of law challenges stemming from these developments in a post-Lisbon EU. The developments examined are the Italian Navy-led Mare Nostrum operation, the debates over European ‘exit strategies’ for this operation and the ensuing launch of the Frontex Triton joint operation (JO). The recently adopted Regulation on Frontex sea border surveillance operations is also presented as a key development to understand the rule of law challenges. Moreover, the adoption of the European Union Maritime Security Strategy (MSS) and the development of several maritime surveillance systems in the EU highlight that a wide range of actors seeks authority over this field.

The EU Counter-Terrorism Policy Responses to the Attacks in Paris: Towards an EU Security and Liberty Agenda. CEPS Liberty and Security in Europe No. 81/February 2015

This paper examines the main EU-level initiatives that have been put forward in the weeks following the attacks in Paris in January 2015, which will be discussed in the informal European Council meeting of 12 February 2015. It argues that a majority of these proposals predated the Paris shootings and had until that point proved contentious as regards their efficacy, legitimacy and lawfulness. The paper finds that EU counterterrorism responses raise two fundamental challenges: A first challenge is posed to the freedom of movement, Schengen and EU citizenship. Priority is being given to the expanded use of large-scale surveillance and systematic monitoring of all travellers including EU citizens, which stands in contravention of Schengen and the free movement principle. A second challenge concerns EU democratic rule of law. Current pressures calling for the adoption of measures such as the EU Passenger Name Record challenge the scrutiny roles held by the European Parliament and the Court of Justice of the EU on counterterrorism measures in a post-Lisbon Treaty setting. The paper proposes that the EU adopts a new European Agenda on Security and Liberty based on an EU security (criminal justice-led) cooperation model that is firmly anchored in current EU legal principles and rule of law standards. This model would call for ‘less is more’ concerning the use, processing and retention of data by police and intelligence communities. Instead, it would pursue better and more accurate use of data meeting the quality standards of evidence in criminal judicial proceedings.

Citizenship Deprivation: A Normative Analysis. Liberty and Security in Europe No. 82, 19 March 2015

Most critical analyses assess citizenship-deprivation policies against international human rights and domestic rule of law standards, such as prevention of statelessness, non-arbitrariness with regard to justifications and judicial remedies, or non-discrimination between different categories of citizens. This report considers instead from a political theory perspective how deprivation policies reflect specific conceptions of political community. We distinguish four normative conceptions of the grounds of membership in a political community that apply to decisions on acquisition and loss of citizenship status: i) a ‘State discretion’ view, according to which governments should be as free as possible in pursuing State interests when determining citizenship status; ii) an ‘individual choice’ view, according to which individuals should be as free as possible in choosing their citizenship status; iii) an ‘ascriptive community’ view, according to which both State and individual choices should be minimised through automatic determination of membership based on objective criteria such as the circumstances of birth; and iv) a ‘genuine link’ view, according to which the ties of individuals to particular States determine their claims to inclusion and against deprivation while providing at the same time objections against including individuals without genuine links. We argue that most citizenship laws combine these four normative views in different ways, but that from a democratic perspective the ‘genuine link’ view is normatively preferable to the others. The report subsequently examines five general grounds for citizenship withdrawal – threats to public security, non-compliance with citizenship duties, flawed acquisition, derivative loss and loss of genuine links – and considers how the four normative views apply to withdrawal provision motivated by these concerns. The final section of the report examines whether EU citizenship provides additional reasons for protection against Member States’ powers of citizenship deprivation. We suggest that, in addition to fundamental rights protection through EU law and protection of free movement rights, three further arguments could be invoked: toleration of dual citizenship in a political union, prevention of unequal conditions for loss among EU citizens, and the salience of genuine links to the EU itself rather than merely to one of its Member States.

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.

From Lampedusa to the Post-Stockholm Programme: Difficult European solidarity in the field of migration. European Policy Brief No. 24, March 2014

Solidarity is a founding principle of the European migration policy. To hold true, Member States must be faithful to their common commitment to European migration rules and implement fair burden sharing of the costs attached to border controls. However, solidarity among Member States appears altogether fragile and under threat, a situation that could jeopardise the founding principle of the free movement of persons in the European Union’s space. The recent solidarity crisis among Member States was solved by an increased externalisation of the European migration policy. Consequently, for the EU to live up to its values, it will have to prove itself generous towards third countries.

The EU's migrant strategy: a welcome new impetus. EPC Commentary, 19 May 2015

The publication of the Commission's agenda on migration comes at a difficult time: first and foremost in humanitarian terms on account of the recurrent and intolerable tragedies taking place in the Mediterranean, which demand a rapid response; and secondly, in political terms, if we consider both the economic situation (the crisis) and the political situation (the rise of far-right and anti-European parties) which makes all debate and action in this field rather tricky. In this context, the Juncker Commission faced a sensitive challenge because it needed to act quickly but had only limited room for manoeuvre. While certain guidelines had already been revealed at the European Council meeting on 23 April, the publication of the agenda has provided the Commission with an opportunity to recall and to specify the actions it wishes to undertake in the immediate, medium, and long terms. There are three aspects to the agenda worth highlighting: its innovation, its confirmation, and its long-term vision.

Women's Rights in the Aftermath of Egypt's Revolution. Arab Citizenship Review No. 9, 26 August 2015 [also EUSpring Working Paper No. 5]

Addressing the issue of “women’s rights” in Egypt may seem like an easy topic from a purely legal standpoint, but the most enlightening way to do so is to adopt a holistic approach by understanding the political, social, cultural and class effects of this issue. Since 1952, people in Egypt have looked at “women’s rights” as a purely state matter, one characterised mainly by legal reforms. Until 2011, women’s rights were manipulated via a top-down approach by making changes in some policies and laws. Since 2011, with the emergence of the question of social movements, tackling women’s rights has been transformed via the use of certain tools and different perspectives. This is clearly manifested in the vast mobilisation that took place in governorates outside Cairo, which featured the use of artistic tools such as graffiti, story-telling performances, the production of feminist songs, open-microphone sessions, etc., in addition to the extensive use of social media and online campaigning to mainstream feminist ideologies and highlight violations experienced by women. Before 2011, the public space in Egypt was limited to citizens, political groups and civil society for employing legal approaches such as litigations and policy changes by direct pressure on authorities. The 2011 revolution opened the public space to the use of new tools that are not limited to protests and sit-ins, but also new media windows and new political forces who carried the question of certain rights in their agendas as well as the accessibility of different governmental actors. This paper will highlight different topics around women’s rights and gender issues in Egypt after 2011. This paper will review different gender issues after 2011, including the targeting of women in public spaces, women’s representation in decision-making bodies, legal reform, economic and social rights, and sexual and reproductive rights. It will also investigate how the feminist movement has changed and evolved since 2011, and to what degree women's issues and feminism can be analysed in a multidisciplinary way.

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 EU Blue Card - is there a need for a more comprehensive approach? IES Policy Brief Issue 2015/3 June 2015

This Policy Brief reviews the implementation of the EU Blue Card (BC) Directive in Member States and offers some suggestions on how to improve its potential. Firstly, it traces back the origin of the current partitioned approach in labour migration and the objectives that an EU labour migration policy should achieve according to the Commission. Secondly, it reports on the content of the directive and its implementation in Member States. Thirdly, there is an analysis of the weaknesses of the directive in terms of numbers of BCs issued and harmonization achieved. Finally, recommendations are put forward on how to improve EU labour migration policy.

Prostitution as a Human Right: an Oxymoron. European Policy Briefs No. 36, August 2015

Prostitution is an extremely contentious topic, for political forces as well as civil society. The recent position adopted by Amnesty International in favour of a full decriminalization of this activity is an opportunity to launch a critical debate on this issue, at the global and European levels. Because of its close connections with human trafficking and migration, prostitution is indeed an inherently trans-national phenomenon requiring solutions beyond the strictly national level. This policy brief summarizes the main arguments of the debate and outlines a few alternative propositions.

Cameron’s ‘renegotiations’ (or Russian roulette) with the EU: An interim assessment. CEPS Working Document No. 413/September 2015

Since the May 2015 general election when the Tory Party gained an absolute majority in the House of Commons, Prime Minister Cameron has put his campaign into high gear to get a ‘new settlement’ with the EU and invested much personal diplomacy to try to advance his objective. “What does he really want?” is still heard from other EU leaders, yet his agenda is taking rough shape with calls for results under four headings: “competitiveness, sovereignty, social security and economic governance”. These are only code words, however, for a mixed bag of more specific desiderata, which overall seem to be moderate. Impossible demands have been quietly dropped. Some items will still be tricky to negotiate while others can be placed on the agenda for ongoing EU ‘reform’ that can be widely supported. The Brussels side of the affair thus seems manageable, but the wild cards at home in the UK remain or are becoming even wilder. The standard hazards of the referendum instrument are now exacerbated by the unknown quantity of the new Labour leadership alongside the aggressively Eurosceptic majority of Tory MPs and the great migration crisis, which is translating now into a negative factor for the EU in UK opinion polls. This ostensibly very democratic process is looking more and more like a deadly serious game of Russian roulette.