Ukraine in deadlock - What next? EPC Commentary, 12 February 2014

Some two months since Ukrainians took to the streets, a political solution to the standoff between the EuroMaidan protestors and the Ukrainian authorities remains out of reach, with the situation on the ground remaining volatile. As the clock ticks there is fear that further violence and instability could be on the horizon. Further turmoil risks Ukraine’s territorial integrity, with talk of division and calls for Moscow to intervene coming from a number of Party of Regions speakers. It also increases the likelihood of new security threats going beyond Ukraine’s border including refugees and asylum seekers. Furthermore, as the political crisis deepens, Ukraine’s economic situation becomes more perilous with the chances of default on its debts rising.

The Western Balkans: deadlock in the EU enlargement process. OSW Commentary No. 43, 2010-11-24

On 9 November the European Commission presented the annual reports assessing the progress of the Balkans states in their preparations for EU membership, the enlargement strategy up to autumn 2011, and the assessment of the EU membership applications submitted by Albania and Macedonia. All these documents show that the reform process in the Balkan states has slowed down in comparison to previous years. The main reason for this slowdown is the negative consequences of the global economic crisis for these countries. Nonetheless, the transformation process is continuing, despite these difficulties. Another increasingly serious challenge for integrating the Balkan states is the EU's growing reluctance to enlarge any further. Among other measures, the EU states have blocked the formal acknowledgement of the integration progress (objections have been raised to the submission of membership applications by Albania, Serbia and Montenegro, and to granting Albania candidate status), which has significantly prolonged the accession process. In fact, this illustrates the lack of political will to accept new members. The European Commission is aware that the integration process may be blocked, and so in the coming year it is planning to focus on fostering the idea of enlargement among the EU member states. It will also focus on persuading the Balkan states to move on with reforms, especially those designed to strengthen state institutions (administration, the judiciary), even if their progress will not be formally considered during the integration process. The Commission assumes that by the end of next year, the reforms implemented by the Balkan states will be comprehensive enough to persuade the EU states to step up the integration process in subsequent years. However, if the EU member states' standpoint on the enlargement process does not change, the Commission's efforts will not bring about the expected results. Considering that their prospects for EU membership are receding, the Balkan states may not have sufficient motivation to go on with long-term reform efforts. As a result, the transformation process may become impeded, and in the longer perspective, the situation in the entire region may be destabilised.

Ukraine - Romania: a sustained deadlock. OSW Commentary No. 68, 2011-12-29

The decision passed by the International Court of Justice in The Hague in February 2009, which finally determined the status of the Snake Island and the delimitation of the borders of Ukraine’s and Romania’s exclusive economic zones on the Black Sea’s continental shelf removed the major dispute from the agenda of relations between the two countries but it failed to reduce their mutual distrust. The sources of this distrust include the difficult history of Ukrainian-Romanian relations in the 20th century which is still adversely affecting political and economic co-operation between these two countries and preventing them from being free from resentments. Romania is the only EU member state and neighbour with which Ukraine has strained relations, which have been seriously deadlocked for years. There are a few political and economic reasons for this. Bucharest’s actions taken with regard to the Romanian and Moldovan national minorities in Ukraine are interpreted in Kyiv as a threat to Ukraine’s national security, and Romania’s political and economic activity in the Black Sea basin is perceived as contrary to Ukrainian interests in this region. In effect, although Romania supports Ukraine’s efforts to build closer relations with the Western structures in the international arena, it cannot be ruled out that Romania’s support will depend on the resolution of bilateral disputes in a way which is favourable to Romania.

Ukraine, Russia and the EU. Breaking the deadlock in the Minsk process. CEPS Working Document No. 423 / June 2016

Although the Minsk process brought about a de-escalation of the conflict in Eastern Ukraine, not all of its 13 points have been implemented, including a ceasefire and withdrawal of heavy weaponry. In the absence of a military option, economic sanctions have become the core instrument of the EU and the US, to respond to Russia’s aggression. At the end of June 2016, when EU Heads of State and Government meet to discuss the extension of sanctions against Russia, they should bear in mind that Russia did not implement the commitments it took upon itself in the framework of the Minsk agreements. Given the persistent deadlock in the Ukraine crisis, the leaders of the EU ought to agree to prolong the sanctions against Russia, push for the renegotiation of the Minsk II agreement and widen the ‘Normandy format’ to include the US and bolster reforms in Ukraine.

Rosyjski rewizjonizm wobec zachodu. Prace OSW 33/2009. = Russia's revisionist policy towards the west. OSW Study 33/2009

Russia’s actions so far have led to a kind of deadlock. Moscow has managed to stop NATO enlargement into the CIS area, persuade the USA not to deploy the missile shield in Poland and the Czech Republic, and avoid major consequences after the war with Georgia; nevertheless, the full implementation of its objectives remains unlikely.

Ukraine and Russia: a hindered rapprochement. OSW Commentary No. 44, 2010-12-15

The policy of rapprochement with Russia that President Victor Yanukovych and his entourage had been actively promoting in the first months of his presidency has slowed down notably. One of the reasons for this lowered pace is that current talks between Russia and Ukraine concern the spheres in which Kyiv is not ready to make concessions to Russia. Despite numerous top-level meetings, recent months have failed to bring a breakthrough in energy issues of key importance. First of all, no compromise was reached in gas issues where the divergence of interests is particularly large and where Ukraine has adopted a tough stance to negotiate the best conditions possible. Even though some agreements were signed during the October session of the inter-governmental committee presided over by the prime ministers (the agreement on linking the two states’ aircraft production and on the joint construction of a nuclear fuel production plant), these resulted from prior agreements. Economic negotiations will continue in the coming months but the observed deadlock is not likely to be broken any time soon. The results of these talks are likely to reflect the interests of both Russia and Ukraine, as well as the competition among Ukrainian business groups, some of which opt for closer cooperation with their Eastern neighbour. Ukraine’s consent to send oil to Belarus along the Odessa-Brody pipeline shows that the government in Kyiv is ready to engage in projects they consider profitable, even those that run counter to Russian interests. Ukraine’s adoption of this stance may trigger irritation in Moscow and lead to a cooling in bilateral relations.

Interconnector Investment for a Well-Functioning Internal Market: What EU regime of regulatory incentives? Bruges European Economic Research (BEER) Papers 18/October 2010

Sufficient cross‐border electricity transmission infrastructure is a pre‐requisite for a functioning European internal market for electricity. Also, the achievement of the EU’s energy policy objectives – sustainability, competitiveness and security of supply – critically depends on adequate investment in physical interconnections between the member states. Mainly focusing on the “regulatory path”, this paper assesses different ways to achieve a sufficient level of interconnector investment. In a first step, economic analysis identifies numerous impediments to interconnector investment adding up to an “interconnector investment failure”. Reflecting on the proper regulatory design of an EU framework able to overcome the interconnector investment failure, a number of recommendations are put forward:  All congestion rents should be channeled into interconnector building. Unused rents should be transferred to a European interconnector fund supervised by an EU agency.  Even though inherently sub‐optimal, merchant transmission investment can be used as a means to put pressure on regulated transmission system operators (TSO) that do not deliver. An EU agency should have exclusive competence on merchant interconnector exemptions.  A European TSO organization should be entrusted with supra‐national network planning, supervised by an EU agency.  The agency should decide on investment cost reallocation for interconnector projects that yield strong externalities. Payments could be settled via a European interconnector fund.  In case of non‐compliance with the supra‐national network plan, the EU agency should have the right to organize a tender – financed by the European interconnector fund – in order to get the “missing link” built. Assessing the existing EU regulatory framework, the efforts of the 2009 “third energy package” to fill the “regulatory gap” with new EU bodies – ACER and ENTSO‐E – are acknowledged. However, striking holes in regulatory framework are spotted, notably with regard to the use of congestion rents, interconnector cost allocation, and the distribution of decision making powers on new infrastructure exemptions A discussion of the TEN‐E interconnector funding scheme shows that massive funding can be an interim solution to the problem of insufficient interconnection capacities while overcoming the political deadlock on sensible regulatory topics such as interconnector cost allocation. The paper ends with policy recommendations.

EU labour migration policy by other means? The potential impact of EU economic governance reforms on labour migration policymaking. EPC Policy Brief, 13 February 2015

Over the last 15 years, Member States have been quite reluctant to address labour migration issues at EU level. Will the forthcoming years reverse the tide and lead to the developement of ambitious and common actions in this policy field? There are currently no strong signs of such a move towards a greater management of labour migration policy at EU level. However, Yves Pascouau argues in this FIERI Working paper that the deadlock may be broken with the development of new policy tools taking place in the field of economic governance. More precisely, he underlines that recipes adopted to overcome the so-called ‘euro crisis’ may well have an impact on labour migration issues.As a consequence, this could initiate a coordination process which was not called for by home affairs decision-makers.

‘Optimal’ versus ‘Maximal’ Public Access to Documents: a Brief Note on EU Case Law. European Policy Brief No. 4, September 2011

With the legislative reform of Regulation No 1049/2001 on Public Access to Documents stuck in a political deadlock for the last 3-4 years, this policy brief reflects on the main trends in the sizeable - not uncontroversial - body of case law by which the Court of Justice of the European Union has shaped to an important extent the right of public access to documents within the Union. Indeed, when policy-makers eventually manage to move beyond the current political stalemate, they will simply be obliged to take into account and respond to these jurisprudential interpretations. Hence, this policy brief aims to raise policy-makers’ awareness of the different issues at stake in this dossier and pleads in favour of ‘optimal’ as