The Criminalisation of Irregular Migration in the European Union. CEPS Liberty and Security in Europe No. 80/2015

This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts. The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-á-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by an analysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions’ authority to compel individuals to comply with the law (institutional legitimacy). The study finds that certain indicators question institutional legitimacy and reveals the varied nature and extent of penalties imposed by different member states. The paper concludes that there is an important role for public trust in immigration law compliance, not just in measures directed towards irregular migrants but also towards those acting in solidarity with irregular migrants.

The Middle East in the shadow of the Islamic State. OSW Point of View Number 52, August 2015

Since June 2014, Islamic State (IS) has been regarded as the principal security threat in the Middle East and one of the most important problems for European and global security. Islamic State, which for many years was just one of many terror organisations with links to al-Qaeda, has succeeded in achieving much more than other similar organisations: it has taken over control of large swathes of territory in Syria and Iraq by military means, created its own para-state structures in that area, and become the greatest civilisational challenge for the region in a century as it established a self-proclaimed caliphate and credibly pledged to expand further on a global scale. Those successes have been accompanied by widely publicised acts of systemic brutality which meets the definition of crimes against humanity. One outcome of these developments is the emergence of an exotic informal alliance to combatthe Islamic State, which has brought together all the states from the Middle East and many from beyond the region. However, contrary to what could have been predicted, after almost a year of the declared war against IS, the Caliphate still holds most of the ground it gained in 2014.

The EU and the 2016 Terrorist Attacks in Brussels: Better instead of more information sharing. CEPS Commentary, 6 April 2016

The Brussels terrorist attacks of 22 March 2016 provoked widespread political condemnation and public outrage. The events have brought to the fore past discussions regarding the limits of member states’ counterterrorism policies and the extent to which the EU could play a role in shaping more effective responses to these acts of violence.

The Baltic states on the conflict in Ukraine. OSW Commentary [no doc #] 2015-01-23

Before Russia began its aggression against Ukraine, including the annexation of Crimea, Lithuania, Latvia and Estonia had felt a higher level of security due to their membership in NATO and the EU. This has now changed. The authorities of these states claim that Russia has been pursuing an aggressive policy towards them for a long time, using various instruments of pressure. They claim that Russia is now able to organise acts of sabotage against them in several areas and that these could threaten both their internal stability and the territorial integrity of the region. The Baltic states’ reaction to the threat from Russia has demonstrated that the level of cooperation between them is low. It has also revealed certain weaknesses in several areas of how these states function, which Moscow may be willing to use for its own purposes. Paradoxically, this has created a chance for the Baltic states’ governments to take measures which in different political circumstances would meet with resistance from society, such as strengthening the military sector and the level of energy security.

Testing limited environmental liability against human rights requirements. IES WORKING PAPER 3/2009

Questions regarding oil spills remain high on the political agenda. Legal scholars, legislators as well as the international, European and national Courts struggle to determine key issues, such as who is to be held liable for oil spills, under which conditions and for which damage. The international regime on oil spills was meant to establish an “equilibrium” between the needs of the victims (being compensated for their harm) and the needs of the economic actors (being able to continue their activities). There is, however, a constantly increasing array of legal scholars’ work that criticizes the regime. Indeed, the victims of a recent oil spill, the Erika, have tried to escape the international regime on oil spills and to rely instead on the provisions of national criminal law or EC waste legislation. In parallel, the EC legislator has questioned the sufficiency of the international regime, as it has started preparing legislative acts of its own. One can in fact wonder whether challenging the international liability regime with the European Convention on Human Rights could prove to be a way forward, both for the EC regulators as well as the victims of oil spills. This paper claims that the right to property, as enshrined in Article P1-1 of the Human Rights Convention, could be used to challenge the limited environmental liability provisions of the international frameworks.

The Kharkiv oblast: a fragile stability. OSW COMMENTARY NUMBER 172/03.06.2015

Kharkiv oblast, which is located in the immediate vicinity of the Donbas region, and which shares a 315-km stretch of Ukraine’s border with Russia, was one of the regions where attempts were made to kindle separatist sentiments during the spring of last year. Some central government buildings were briefly occupied by pro-Russian demonstrators who declared a ‘Kharkov People’s Republic’, but efficient countermeasures by the Ukrainian institutions of force quickly calmed the situation in the region. However, the oblast still remains a target for acts of sabotage, which are probably directed by Russian secret services. Nevertheless, the situation in the region is now stable, both in terms of public sentiment and local politics. The main competitors in the arena of local politics are Hennadiy Kernes, the mayor of Kharkiv, and Arsen Avakov, the current head of the Ukrainian Interior Ministry. Despite many years of hostility, neither of the politicians appears to have initiated a power struggle as yet – Kernes retains his influence on the city council, and Avakov controls the local security services.