Report on democracy assistance from the European Union to the Middle East and North Africa. EUSpring Report, 18 May 2016

Since the Arab uprisings of 2011, European Union (EU) assistance has nominally targeted more resources to supporting democracy movements in the Middle East and North Africa (MENA) region. The EU has better equipped itself institutionally, financially and conceptually, by strengthening its bottom up grassroots approach to democracy support; resources earmarked for supporting civil society have been increased, the budget for the European Instrument for Democracy and Human Rights (EIDHR) has been beefed up, and the strengthened EU Delegations have be come more empowered to reach out to groups at the local grass roots level behind democracy activities; The European Endowment for Democracy (EED) was created with the mandate to support individuals and organizations in neighbouring countries that work for democracy. Whether this translates into a more effective strategy for democracy support, however, remains to be seen. In this report, Rosa Balfour, Francesca Fabbri and Richard Youngs present a detailed overview of the support given to civil society in the MENA region by the EU, with a special focus on the various financial instruments used.

Preparing for a post-Assad Syria: What role for the European Union? CEPS Commentary, 2 August 2012

In this CEPS Commentary, Steven Blockmans notes that a prolonged period of instability lies ahead for Syria, with an on-going risk of spill-over effects affecting the entire region. The author argues that the EU’s plans for a post-Assad Syria should extend beyond the half-hearted responses to the monumental changes that have ripped through other parts of the Arab world. In recognition of the geostrategic shifts in the Middle East and the Gulf, and pursuant to the obligation imposed upon it by the Lisbon Treaty, the EU should plan for the creation of a regional space of shared security. Such a plan would fit well into the current efforts to revamp the European Security Strategy.

Reviewing Member States’ Commitment to the European External Action Service. EPIN Working Paper No. 34, 20 November 2012

Based on interviews with diplomats from a representative cross-section of nine member states and members of the EEAS itself, the research findings of this EPIN Working Paper confirm long-standing traditions and member state perceptions of cooperation with European institutions. The paper also reveals new aspects of the intergovernmental method of foreign policy shaping and making in the European Union; in particular how different national positions can positively or negatively affect the consolidation of the EEAS and the role of the EU as an international actor. As such, the Working Paper makes an original contribution to the existing literature on one of most discussed actors in the European Union’s post-Lisbon architecture in the domain of EU external action.

The European Union’s Role in the Formation of India’s Climate Change Policy. Bruges Regional Integration & Global Governance Papers 2/2012, September 2012

This paper focuses on the role of the European Union (EU) in the formation of India’s climate change policy; an increasingly high profile issue area. It is based on an extensive study of relevant literature, EU-India policy documents and the execution of thirteen semi-structured interviews with experts; many of whom have experienced EU-India cooperation on climate change first-hand. A three-point typology will be used to assess the extent of the EU’s leadership role, supporting role or equal partnership role in India, with several sub-roles within these categories. Further, for clarity and chronology purposes, three time periods will be distinguished to assess how India’s climate policy has evolved over time, alongside the EU’s role within that. The findings of the paper confirm that the EU has demonstrated signs of all three roles to some degree, although the EU-India relationship in climate policy is increasingly an equal partnership. It offers explanations for previous shortcomings in EU-India climate policy as well as policy recommendations to help ensure more effective cooperation and implementation of policies.

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.

European antitrust control and standard setting. Bruegel Working Paper 2013/01, February 2012

Standards reduce production costs and increase products’ value to consumers. Standards however entail risks of anti-competitive abuse. After the adoption of a standard, the chosen technology normally lacks credible substitutes. The owner of the patented technology might thus have additional market power relative to locked-in licensees, and might exploit this power to charge higher access rates. In the economic literature this phenomenon is referred to as ‘hold-up’. To reduce the risk of hold-up, standard-setting organisations often require patent holders to disclose their standard-essential patents before the adoption of the standard and to commit to license on fair, reasonable and non-discriminatory (FRAND) terms. The European Commission normally investigates unfair pricing abuse in a standard-setting context if a patent holder who committed to FRAND ex-ante is suspected not to abide to it ex-post. However, this approach risks ignoring a number of potential abuses which are likely harmful for welfare. That can happen if, for example, ex-post a licensee is able to impose excessively low access rates (‘reverse hold-up’) or if a patent holder acquires additional market power thanks to the standard but its essential patents are not encumbered by FRAND commitments, for instance because the patent holder did not directly participate to the standard setting process and was therefore not required by the standard-setting organisations to commit to FRAND ex-ante. A consistent policy by the Commission capable of tackling all sources of harm should be enforced regardless of whether FRAND commitments are given. Antitrust enforcement should hinge on the identification of a distortion in the bargaining process around technology access prices, which is determined by the adoption of the standard and is not attributable to pro-competitive merits of any of the involved players.

Deploying the energy incentive: reinforcing EU integration in South-East Europe. CEPS Policy Brief No. 296, July 2013

This Policy Brief urges the European Union to consider reinforcing the Energy Community by further Europeanising the Energy Community Treaty. It argues that the level of dysfunctionality with respect to the rule of law and corruption will make it very hard to establish a pathway for accession for most Balkan states. However, the demand across the region for a sustainable, competitive and stable energy sector creates an ‘energy incentive’ that the Union can leverage to improve the rule of law and adherence to European rules. Furthermore, a juridical strengthening of the Energy Community Treaty will also strengthen the hand of those parties supporting energy liberalisation rules across the region, such as independent businesses, consumers and NGOs. In addition, there is likely to be significant spill-over effects from decisions of a European Energy Community Court operating in the region on the rule of law in general and the accession process in particular.

The EuroNest Parliamentary Assembly: The European Parliament as a Socializer of its Counterparts in the EU’s Eastern Neighbourhood? EU Diplomacy Paper 05/2013

This paper examines the EU-Neighbourhood East Parliamentary Assembly (EuroNest PA), an inter-parliamentary forum consisting of representatives from the European Parliament (EP) and from all Eastern Partnership (EaP) countries except Belarus, aiming at political and economic association between the EU and the EaP. More specifically, it analyzes the extent to which the EP tries and manages to socialize the national parliaments of the EaP countries. After introducing the theoretical framework, the paper outlines the structure and working methods of the EuroNest PA, clarifies the absence of Belarus in the framework, and examines the results of the first three plenary sessions. The paper concludes that, although the establishment of the EuroNest PA as such provides a framework to advance the EP’s goals of transmitting its norms and values to the EU’s Eastern neighbouring countries, in practice socialization has taken place only to a limited extent thus far.

The Criminalisation of Migration in Europe: A State-of-the-Art of the Academic Literature and Research. CEPS Liberty and Security in Europe No. 61, October 2013

In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called ‘criminalisation of migration’. This paper aims to provide an overview of the ‘state-of-the-art’ in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the so-called ‘crimmigration’ trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration. By identifying the trends, synergies and gaps in the scholarly approaches dealing with the criminalisation of migration, the paper seeks to provide a framework for on-going research under Work Package 8 of the FIDUCIA project.

50 years of the ‘twin engine’. Franco-German reconciliation, European integration and reflections for Asia. EU Centre Singapore Background Brief No. 8, March 2013

On 22 January 2013, French President François Hollande and German Chancellor Angela Merkel gathered in Berlin to celebrate the 50th anniversary of the signing of the Élysée Treaty, the document that ended centuries of rivalry and warfare between their two countries. It is all too easy to forget the importance of Franco-German reconciliation. The 1950 Schuman Declaration, which led to the creation of the European Union’s (EU) predecessor, the European Coal and Steel Community (ECSC), sought to render the prospect of war between France and Germany ‘not only unthinkable but materially impossible’. Over 60 years later, when the EU was awarded the Nobel Peace Prize, the Norwegian Nobel Committee noted that indeed, ‘war between Germany and France is unthinkable’. Halfway around the world in Asia, the other theatre of World War II, tensions between China and Japan have arisen, with Taiwan and South Korea also in the fray. Nationalist movements in these countries have grown. This background brief lays out the issues for a timely reappraisal of the applicability, or otherwise, of the European integration and reconciliation processes to East Asia. The brief seeks to outline the contours of the historic act of Franco-German reconciliation, and its consequences ever since. Starting from a brief look at the history of rivalry and war between the two countries, the brief examines the events leading to the signing of the Élysée Treaty in 1963, and the development of Franco-German exchanges that have cemented the relationship. Difficulties between the countries are also raised. A timescale analysis of the opinion of the two publics is considered, as a measure of the success of Franco-German reconciliation.