Democracy Promotion and the EU, US Formulas: Photo Opportunities or Potential. Jean Monnet/Robert Schuman Paper Series Vol. 14 No. 5, May 2014

Why do we think more of the United States (US) than the European Union (EU) in discussing Afghani or Iraqi democratization, and EU more than US when it is East European? Should not democratization be the same? A comparative study asks what democracy has historically meant in the two regions, how democratization has been spelled out, why instruments utilized differ, and democracy within global leadership contexts. Neither treats democracy as a vital interest, but differences abound: (a) While the US shifted from relative bottom-up to top-down democracy, the EU added bottom-up to its top-down approach; (b) the US interprets democracy as the ends of other policy interests, the EU treats it as the means to other goals; and (c) flexible US instruments contrast with rigid EU counterparts. Among the implications: (a) the 4-stage US approach reaches globally wider than EU’s multi-dimensional counterpart, but EU’s regional approach sinks deeper than the US’s; (b) human rights find better EU than US anchors; (c) whereas the US approach makes intergovernmental actions the sine qua non of democratization, EU’s intergovernmental, transnational, and supranational admixture promotes quid pro quo dynamics and incremental growth; and (d) competitive democratization patterns creates lock-ins for both recipient and supplier countries.

spotlight europe #2015/03 — August 2015: Money or Democracy? Greece and the Euro Dilemma

The negotiations on the third bailout package for Greece are still going on, but the euro area has already paid a high price for it. The compromise on which it is based is clearly very controversial. Some of its critics believe that it does not make sense in economic terms, whereas others point out that it may have an adverse political effect. But what in fact is Greece actually supposed to be doing, and what does all this mean with regard to sovereignty and democracy?

DEMOCRACY AND CITIZENSHIP IN NORTH AFRICA AFTER THE ARAB AWAKENING: CHALLENGES FOR EU AND US FOREIGN POLICY (EUSPRING). Arab Citizenship Review No. 6, October 2014. EGYPT. The Return to Authoritarianism and the Crisis of Citizenship Rights

Citizenship and democratic rights have been shrinking in Egypt with the rise of president Abd El Fattah El Sisi, widely popular among Egyptians who fear more violence and unrest in an increasingly volatile region. In this EU Spring Policy Brief, Moataz El Fegiery examines the political landscape in the run-up of parliamentary elections, arguing that the short term is likely to see further curtailment of acquired rights, further crackdown on the opposition and consolidation of military power. In the longer term, however, it is in the interest of Egyptian society and institutions as well as of Europe to reverse the politics of exclusion and ensure that freedoms, pluralism and participation prevent the rise of extremism and political violence.

Supporting the Revolution: America, Democracy, and the End of the Cold War in Poland, 1981-1989. ACES Working Paper (Report) No. 8, 2007

Early on the morning of December 13, 1981, General Wojciech Jaruzelski, the leader of the communist Polish United Workers' Party (PZPR), declared martial law, ending the so-called "Polish Crisis," which began with the creation of the Independent Free Trade Union "Solidamosc" in August 1980. Over the next eight years, the Communist government and the opposition struggled over power, culminating in 1989 with the creation of a Solidamosc-led government which ended fifty years of Communist rule in Poland and led the way to further democratic revolutions throughout Eastern Europe. The purpose of this dissertation is to utilize newly available and underutilized archival sources as well as oral history interviews, from both international and American perspectives, to fully chronicle American policy toward Poland from the declaration of martial law until the creation of the Solidarnosc government. Rather than explaining Polish-American relations in bilateral terms, the dissertation illuminates the complex web of influences that determined American policy in Washington and affected its implementation within Poland. This includes descriptions of internal tensions within the Reagan administration, differences between American decisions in Washington and implementation in Warsaw, lobbying from Polish-American groups, clashes between Capitol Hill and the White House, coordination with American labor organizations to support Solidarnosc, disagreements with West European allies in NATO and international financial organizations, cooperation with the Vatican and the Polish Catholic Church, synchronization with American humanitarian organizations working in Poland, limitations caused by the realities of Soviet power in Eastern Europe, and complications caused by domestic Polish concerns. By taking a broad view of American policy and highlighting internal Polish decisions, with both the Communist government and the democratic opposition, the dissertation provides concrete examples of America's role in Poland's transformation, arguing, however, that this role was very limited. These conclusions are relevant to arguments about the end of the Cold War, the nature of American power, as well as current discussions about possibilities to promote democracy within hostile regimes.

The New European Commission Presidency and the Advent of European Democracy. Jean Monnet/Robert Schuman Paper Series Vol. 14 No. 17, August 2014

On June 15, 2014, Jean-Claude Juncker, the lead candidate of the European People’s Party, was elected President of the European Commission, with the support of the Alliance of Liberals and Democrats for Europe, and some of the European Socialists and Greens. Amid unprecedented Euroscepticism, the media and many pundits predicted a record-low voter turnout and record-high results for Europhobic parties. The aforementioned parties then decided that the political outcome of these 2014 European elections would also be unprecedented. For the first time in EU history, the European political parties agreed to nominate candidates to chair the institution, which they justified by putting forward Article 17 of the Lisbon Treaty. The European Parliament has often characteristically used political discourse - the logos, to influence the EU’s institutional framework, even though it entails grappling with Member States. It took the form of reports and resolutions, like the official use of the phrase “European Parliament” in 1962, direct universal suffrage elections in 1975 and a European Union in 1984. Nominating contenders to chair the European Commission is no exception. It requires a specific political discourse whose origins can be traced back to the early years of the European Parliament, when it was still the “Common Assembly”. This political discourse is one of the elements thanks to which the European Parliament acquired visibility and new prerogatives, in pursuit of its legitimacy. However, the executive branch in all member states is not intent on yielding such prerogatives to the European Parliament. As a matter of fact, the European Parliament has often ended up strengthening the heads of state and governments, since MEPs are forced to resort to self-discipline. The symbolic significance of its logos and, consequently, its own politicisation as a source of legitimacy, is thus undermined. For instance, in 2014, Jean-Claude Juncker’s election actually strengthened German Chancellor Angela Merkel. First she questioned the fact that the candidate whose party holds the parliamentary majority after the election should be appointed President of the Commission. Then she seemed strongly intent on democratising the Union, when she confronted David Cameron, who openly opposed Juncker, believed to be too federalist and old-fashioned a candidate. By doing so, she eventually reduced the symbolic dimension of the European Parliament’s initiative, and Juncker’s election. She also unquestionably embodied EU leadership. This paper aims at analysing Juncker’s election to the Presidency of the European Commission, as well as other questions it raises. In the first part, I lay out some thoughts about the sociohistorical context of voting in European elections in order to make the readers understand why the European Parliament should be bolder. Secondly, I try to explain how the European Parliament has used the logos as a weapon to grapple with member states for more power, as was the case during the 2014 European elections. Last but not least, I seek to show how Angela Merkel got hold of that weapon and took advantage of it, thus proving that despite MEPs’ best efforts, Juncker’s task will be all the more complicated as he was not the consensual candidate of all the governments.

EU Conditionality on Nationality-Sensitive Matters in Bosnia and Herzegovina: Promoting Democracy or Maintaining the Status Quo? EDAP 05/2013

This paper will analyse the impact of the EU conditionality in Bosnia and Herzegovina (BiH) and its efficacy in promoting democratic changes in this country. It will be argued that as BiH is a unique case, its constitutional constraints must be taken into account because every reform that affects the difficult balance between the three main ethno-religious groups of BiH is perceived as a nationality-sensitive issue and is therefore vulnerable to political pressure. With reference to two specific situations where EU has demanded the BiH political elites to adopt EU-compatible reforms, namely the police reform process and the implementation of the Sejdić and Finci ruling, it will be argued that the use of the conditionality tool has increased inter-ethnic polarization among the political parties, thus preventing Bosnia and Herzegovina from moving forward in the EU integration process.

Saving the Monopsony: Exclusivity, Innovation and Market Power in the Media Sector. Research Papers in Law, 7/2006

From the Introduction. The Media Sector has experienced a technological revolution in the last 15 years. Digital encoding of television signals made possible a more efficient use of the radiospectrum. Digital terrestrial television (hereinafter, “DTT”) allows now for the reception of a significant number of free-to-air channels.1 Moreover, the use of new transmission platforms (hereinafter,“platforms”), namely cable and direct-to-home satellite (hereinafter, “DTH”) paved the way for the arrival in Europe of pay-TV operators, which finance their activities mainly via subscription fees. This changing technological landscape is subject to further evolution in the near future, as incumbent telecommunications operators become increasingly interested in making available broadcasting content2 as part of their broadband offer and 3G mobile handsets can be used for the reception of TV signals....The present paper seeks to ascertain whether the Commission “regulatory approach” towards the exclusive sale of premium content is a sound one, in particular in view of the constant technological evolution outlined above. The assumptions underlying landmark Commission decisions will be compared with recent developments of the media sector in Italy. In the NewsCorp./Telepiù case, decided in 2003, the Commission imposed very strict conditions to allow the merger giving birth to Sky Italia, on the assumption that the operation created a lasting near-monopsony in the different upstream markets for the acquisition of premium intervened against the media conglomerate Mediaset (which controls, inter alia, the main three private free-to-air channels in Italy) for an alleged abuse of dominant position.17 In fact, and contrary to the forecasts made by the Commission, Mediaset was in a position to acquire the broadcasting rights of the main Italian football teams, thereby excluding the incumbent (and near-monopolist) pay-TV operator, Sky Italia. This may go to show that the reality of the sector is more complex and evolves faster than one may infer from the Commission practice, thus putting into question its stance regarding exclusivity. The experience of the evolution of the Italian media sector will be used as the starting point for the evaluation of alternative regulatory options.

The Triangular Relationship between Fundamental Rights, Democracy and the Rule of Law in the EU: Towards an EU Copenhagen Mechanism. CEPS Paperbacks. November 2013

This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play’ and critical account of EU-level policy and legal mechanisms assessing the relationship between rule of law, democracy and fundamental rights in the member states of the Union. The cross-cutting challenges affecting their uses, effective implementation and practical operability constitute a central point of the analysis. The study argues that the relationship between rule of law, democracy and fundamental rights is co-constitutive. Any future rule of law-related policy discussion in the EU should start from an understanding of the triangular relationship between these dimensions from the perspective of ‘democratic rule of law with fundamental rights’, i.e. the legally based rule of a democratic state that delivers fundamental rights. The three criteria are inherently and indivisibly interconnected, and interdependent on each of the others, and they cannot be separated without inflicting profound damage to the whole and changing its essential shape and configuration.