The Europeanisation of Criminal Law and the Criminal Law Dimension of European Integration. Research Papers in Law, 3/2005

From the Introduction. In the academic year 1991-1992, Utrecht University, on my initiative, started to offer courses in European criminal law. This initiative came at a symbolic moment, just prior to the entry into force of the EU Treaty of Maastricht1 and the outlining of European policy in the areas of Justice and Home Affairs (JHA). The Director of the Legal Department, Paul DEMARET, was aware of the significance of this development and I have been given the opportunity to teach this subject at the College of Europe since 1995. Since then, JHA has evolved into one of the main areas of EU legislation. Now we are again on the threshold of an important historical feat. In June 2003, the European Convention reached agreement concerning a draft Treaty establishing a Constitution for Europe.2 The use of the term “Constitution” for the future EU Treaty is not simply cosmetic. The realisation has dawned that EU integration must be embedded in a treaty document which also regulates the rights and duties of citizens, not just with respect to European citizenship, but also with respect to, for example, Justice. Where JHA is concerned, this result acknowledges that the harmonisation of criminal law and criminal procedure and transnational cooperation cannot preclude the harmonisation of principles of due law and fair trial. Despite the substantial Europeanisation of criminal law, many criminal lawyers are defending the achievements and typicalities of their national criminal law like never before. EU initiatives are assessed from the perspective of the national agenda and national achievements. We are still too far removed from a European criminal law policy that is both European and enjoys national support. The core issue is therefore not how to keep our criminal (procedural) law national and free from European influences, but rather how to ensure democratic decision making, the quality of the constitutional state and the guarantees of criminal law in a national administrative model which has to operate increasingly interactively within a European and international context. In this contribution, the contours of the Europeanisation of criminal law are outlined and analysed. First, attention will be paid to the EC and, second, to the JHA. Following this, an evaluation and a look ahead at the current IGC are indicated.

The fiscal implications of a banking union. Bruegel Policy Brief 2012/02 [3?], September 2012

Systemic banking crises are a threat to all countries whatever their development level. They can entail major fiscal costs that can undermine the sustainability of public finances. More than anywhere else, however, a number of euro-area countries have been affected by a lethal negative feedback loop between banking and sovereign risk, followed by disintegration of the financial system, real economic fragmentation and the exposure of the European Central Bank. Recognising the systemic dimension of the problem, the Euro-Area Summit of June 2012 called for the creation of a banking union with common supervision and the possibility for the European Stability Mechanism to recapitalise banks directly.

Frontex and the respect of fundamental rights: from better protection to full responsibility. EPC Policy Brief, 3 June 2014

The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) was created to improve border management cooperation between Member States. Seen from its inception as a security-oriented body, tools and rules have been gradually developed to enhance the human rights dimension and protection regarding Frontex activities. However, this step has not been accompanied with the explicit recognition of Frontex’s legal responsibility regarding violations of human rights occurring during joint operations it coordinates. Despite Frontex position rejecting such a responsibility, it is no longer clear whether this position can be maintained, as Yves Pascouau and Pascal Schumacher demonstrate in this Policy Brief.

Debating the European debt crisis: Government leadership, party ideology and supranational integration as focal points of parliamentary debates in Austria, Germany and the United Kingdom. ACES Cases No. 2012.3

Parliamentary debates about the resolution of the EU debt crisis seem to provide a good example for the frequently assumed “politicizationˮ of European governance. Against this background, the paper argues that in order to make sense of this assumption, a clearer differentiation of three thematic focal points of controversies – with regard to the assessment of government leadership, concerning the debate between competing party ideologies within the left/right dimension, and with regard to the assessment of supranational integration – is needed. Applying this threefold distinction, the paper uses a theory of differential Europeanization to explain differences in the thematic structure of debates in the Austrian Nationalrat, the British House of Commons, and the German Bundestag. Empirically, the paper is based on data gained from the computer-based coding of plenary debates about the resolution of the European debt crisis between 2010 and 2011.

Citizenship in the discourse of Egyptian political parties. EUSpring Working Paper No. 6, June 2015 [also Citizenship Report no. 3]

The concept of citizenship is one of the most complicated in political and social sciences. Its long process of historical development makes dealing with it particularly complicated. Citizenship is by nature a multi-dimensional concept: there is a legal citizenship, referring first to the equal legal status of individuals, for instance the equality between men and women. Legal citizenship also refers to a political dimension, the right to start and/or join political parties, or political participation more broadly. Thirdly, it has a religious dimension relating to the right of all religious groups to equally and freely practice their religious customs and rituals. Finally, legal citizenship possesses a socio-economic dimension related to the non-marginalisation of different social categories, for instance women. All of these dimensions, far from being purely objects of legal texts and codifications, are emerging as an arena of political struggle within the Egyptian society. Citizenship as a concept has its roots in European history and, more specifically, the emergence of the nation state in Europe and the ensuing economic and social developments in these societies. These social developments and the rise of the nation state have worked in parallel, fostering the notion of an individual citizen bestowed with rights and obligations. This gradual interaction was very different from what happened in the context of the Arab world. The emerging of the nation state in Egypt was an outcome of modernisation efforts from the top-down; it coercively redesigned the social structure, by eliminating or weakening some social classes in favour of others. These efforts have had an impact on the state-society relation at least in two respects. First, on the overlapping relation between some social classes and the state, and second, on the ability of some social groups to self-organise, define and raise their demands. This study identifies how different political parties in Egypt envision the multi-dimensional concept of citizenship. We focus on the following elements: Nature of the state (identity, nature of the regime) Liberties and rights (election laws, political party laws, etc.) Right to gather and organise (syndicates, associations, etc.) Freedom of expression and speech (right to protest, sit in, strike, etc.) Public and individual liberties (freedom of belief, personal issues, etc.) Rights of marginalised groups (women, minorities, etc.)

Iranian-Saudi tensions: the energy dimension. EPC Policy Brief, 9 February 2016

Following the execution of Saudi Shiite cleric Nimr Baqer al-Nimr, the deep rooted rivalry between Iran and Saudi Arabia entered a new phase in January 2016. While the main objective for both countries still is regional hegemony, the Iranian-Saudi competition takes many different forms and shapes, and also extends into the field of energy. In this Policy Brief, David Ramin Jalilvand gives a detailed analysis of the energy-related aspects of the Iran-Saudi Arabia rivalry and its possible consequences for Europe’s energy market; both countries hold giant hydrocarbon reserves, so European energy will probably be affected by their competition in several regards; increased oil supplies will be available for the European market, while the cycle of low oil prices will be prolonged. According to Jalilvand, this is a mixed blessing; Europe’s energy import bill will be reduced, but its indigenous production will suffer, while Russia’s role in European natural gas will only continue to grow.