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.

Still together, but apart? Kyiv’s policy towards the Donbas. OSW Commentary No. 160, February 6 2015

From the Introduction. The peace deal agreed on 5 September 2014 concerning the ceasefire in the region covered by the conflict in the Donbas brought about a significant reduction in the scale of military clashes. However, in mid-January the separatist forces, supported by the Russian military, started an offensive along the entire front line. For example, they seized the airport in Donetsk and the village of Krasnyi Partyzan. About a third of the Donetsk and the Lugansk oblasts currently remain outside Kyiv’s control (see Map). Before the war, these areas were inhabited by 6.6 million residents, 15% of Ukraine’s total population. The process launched in September 2014 in Minsk, which was intended to regulate the conflict within the so-called trilateral contact group (Ukraine, Russia, the OSCE and representatives of the separatists), resulted in an exchange of some prisoners of war, although it failed to have any political effects. Attempts at regulating the political situation were additionally complicated by the illegal ‘elections’ of leaders of the two separatist regions, the so-called Donetsk and Lugansk People’s Republics (the DPR and LPR).

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.

Banks at the Service of the Economy? European Policy Brief No. 17, November 2013

This Policy Brief discusses a few simple measures to improve both the commercial and investment banking landscapes, with or without formal separation. Covering deposits with quality collateral would make them safer and would help create an easier guarantee and resolution mechanism at the larger eurozone level. Strong central counterparties and transparency requirements would improve market mechanisms and market discipline in capital markets and investment banking. Specific governance measures would also help improve the financial sector. Finally, a better control of bank solvency, together with improved capital market transparency and accessibility, should encourage the progressive deleveraging of commercial banks, and enhance the long term funding of the economy by capital markets.

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.

Beyond Russia’s ‘Versailles syndrome’. Egmont Security Policy Brief No. 58, November 2014

Russia alleges that at the end of the Cold War it underwent a soft version of a Versailles Treaty, pushing it into the periphery of global politics and cutting it out of European decision-making. The crisis in Ukraine is about the survival of Putin’s regime and the dismantling of the post-Cold War settlement. We should not accept the fallacious narrative of victimhood propagated by the Kremlin’s Versailles syndrome. Even so, it is time to explore practical ways of coexisting with Russia. The Helsinki Process and the disarmament and arms control agreements of the Cold War could serve as a model for a mutually acceptable security architecture.

Divided but United: European Trade Policy & EC-U.S. Agricultural Negotiations in the Uruguay Round. CES Germany & Europe Working Papers, No. 07.3, 1996

How has the integration of trade policy and negotiating authority in Europe affected the external bargaining capabilities of the European Community (EC)? This paper analyzes the bargaining constraints and opportunities for the EC created by the obligation to negotiate as a single entity. The nature of demands in external~ the voting rules at the EC level, and the amount of autonomy exercised by EC negotiators contribute to explaining, this paper argues, whether the EC gains some external bargaining clout from its internal divisions and whether the final international agreement reflects the position of the median or the extreme countries in the Community. The Uruguay Round agricultural negotiations illustrate the consequences of the EC's institutional structure on its external bargaining capabilities. Negotiations between the EC and the U.S. were deadlocked for six years because the wide gap among the positions of the member states at the start of the Uruguay Round had prevented the EC from making sufficient concessions. The combination of a weakened unanimity rule and greater autonomy seized by Commission negotiators after the May 1992 reform of the Common Agricultural Policy made possible the conclusion of an EC-U.S. agricultural agreement. Although the majority of member states supported the Blair House agreement, the reinstating of the veto power in the EC and the tighter member states' control over the Commission eventually resulted in a renegotiation of the U.S.-EC agreement tilted in favor of France, the most recalcitrant country.

No Move without Free Movement: The EU-Swiss controversy over quotas for free movement of persons. CEPS Policy Brief No. 331, 23 April 2015

The focus of this Policy Brief is the Swiss referendum of 2014 against ‘mass immigration’ in Switzerland. It identifies the challenges that a quota on EU citizens’ free movement rights to Switzerland would pose to EU-Swiss relations, considering: i) the value of freedom of movement in the EU and its indivisibility from the internal market and other economic freedoms; ii) the specificity of the EU legal system following the Lisbon Treaty that established democratic and judicial accountability mechanisms; iii) the lack of supranational judicial oversight of the EU-Switzerland agreements framework; and iv) the existence of the so-called guillotine mechanism, according to which the termination of the Free Movement Agreement would entail the automatic termination of the other agreements with the EU. The authors set out a number of options and consider their implications for EU-Swiss relations.

Access to Electronic Data by Third-Country Law Enforcement Authorities, Challenges to EU Rule of Law and Fundamental Rights. Center for European Policy Studies, 2015

This study examines the challenges posed to European law by third country access to data held by private companies for the purposes of law enforcement. It pays particular attention to the implications for rule of law and fundamental rights of foreign authorities’ direct access to electronic information falling outside pre-established channels of supranational cooperation. A special focus is given to EU-US relations and the practical issues emerging in transatlantic relations covering mutual legal assistance and evidence gathering for law enforcement purposes in criminal proceedings.

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.

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.

Towards a sustainable European economy. EPC Policy Brief, 13 October 2015

Europe is faced with interlinked economic, ecological and climate crises. As identified in the European Environment Agency's The European Environment – state and outlook 2015 report1 , Europe is increasingly affected by global trends that come with positive and negative impacts. Some of these it contributes to, some it can try to manage, while others are beyond its control. Regardless, only by anticipating these trends and making a sustainable economy the overriding policy objective, can it aim to maximise the related opportunities and minimise the threats.

Irregular Migration, Trafficking and Smuggling of Human Beings: Policy Dilemmas in the EU. CEPS Paperback, 22 February 2016

The expert contributors to this edited volume, representing a multidisciplinary selection of academics, examine the treatment of irregular migration, human trafficking and smuggling in EU law and policy. The various chapters explore the policy dilemmas encountered in efforts to criminalise irregular migration and humanitarian assistance to irregular immigrants. The book aims to provide academic input to informed policy-making in the next phase of the European Agenda on Migration. In his Foreword, Matthias Ruete, Director General of DG Home Affairs of the European Commission, writes: “This initiative aims to stimulate evidence-based policy-making and to bring fresh thinking to develop more effective policies. The European Commission welcomes the valuable contribution of this initiative to help close the wide gap in our knowledge about the smuggling of migrants, and especially the functioning of smuggling networks.”

China's new Government: Priorities, Programs, Reform Signals. Asia Policy Brief 2013/02, May 2013

Never before has any change of leadership in China drawn this much international attention. The composition of the new party and state leadership in China is the result of many years of probing and negotiating within the top levels of the Communist Party. New priorities and leadership styles may cause fundamental shifts in the mechanisms of governance during the decade that China’s new leadership will be in control. Thus, the installation of a new government in China has potentially stronger long-term effects than most government turnovers in Western Democracies.

Japan and China: Bitter Rivals and Close Partners. Asia Policy Brief 2013/03, June 2013

Japan and China trade a lot between each other. Unfortunately, however, they also argue a lot with each other. Since Tokyo’s purchase of three uninhabited Japanese-controlled islets in the East China Sea from their private owner in September 2012, the main subject of dispute has been that of sovereignty over maritime territories. While bilateral trade amounted to an impressive $333 billion in 2012 (slightly less than in 2011, when bilateral trade reached $345 billion), a bilateral territorial dispute over control and sovereignty of what Tokyo calls Senkaku and Beijing calls the Diaoyu Islands will most probably continue to remain at the very top of the agenda of Sino-Japanese relations in the months ahead.