The Migration Crisis: A Stress Test for European Values. European Policy Brief No. 38, September 2015

Confronted by the current refugee crisis, most Member States are turning inwards. But migration will continue to rise in the future. Given that migration is an unstoppable trend, the EU has everything to win from turning this crisis into an opportunity for its own citizens and economy, for the refugees and migrants it hosts and for their countries of origin. The manner in which the EU addresses this challenge will truly prove if it can live up to its founding principles of human dignity, solidarity, freedom, democracy and equality. This policy brief summarises European measures taken in the last few months and proposes four key actions to create a well-framed European migration policy: effectively implementing the principle of solidarity and fair-sharing of responsibility between Member States; creating more legal entry and integration channels; addressing the root causes of migration; and broadcasting a constructive and positive narrative on migration.

Ukraine and the European Union: Time for a Re-Think. ACES Working Papers, 2011

There are two reasons for the virtual nature of the West’s dialogue with Ukraine. The first is institutional as the EU has until now only been willing to use ‘carrots’ and ‘sticks’ in ‘enlargement-heavy’ (i.e. full membership) whereas it has only used ‘carrots,’ but never ‘sticks’, in ‘enlargement-light’ (i.e. the DCFTA). European Council Foreign Relations Senior Fellows Nicu Popescu and Andrew Wilson argue that the EU should be more willing to use both carrots and sticks; that is integrating its soft and hard power. The second is a disconnection between the West and Kyiv over definitions of democracy. The Ukrainian authorities have until now wanted to have their cake and eat it, too; rolling back democracy in Kyiv while claiming to sign up to ‘European values’ in Brussels.

Federalist rhetoric or political tactics? The what, where, who, when and why of Juncker’s call for a common European army. EPC Commentary, 12 March 2015

In an interview with the German newspaper Welt am Sonntag on 8 March 2015, the President of the European Commission, Jean-Claude Juncker, strongly advocated a common European army to consolidate peace in Europe, react to security threats both within the continent and in its neighbourhood, defend European values vis-à-vis aggressive powers, notably Russia, and create economies of scale by consolidating demand for military equipment.

History does not move in a straight line. CEPS Commentary, 5 July 2012

Eight years have passed since the EU launched its European Neighbourhood Policy, aimed at inducing its neighbours to the east to converge on modern European values and economic norms. In this Commentary, Michael Emerson reflects on the curious and circuitous turn of events in the region during this period. Michael Emerson is Senior Associate Research Fellow at CEPS.

Free and Fair? A Challenge for the EU as Georgia and Ukraine gear up for elections. CEPS Commentary, 27 September 2012

In an important test for democracy, Georgia and Ukraine will go to the polls for parliamentary elections on the 1st and 28th of October, respectively. The political leaders of these two Eastern Partnership countries have committed themselves to European values and principles – rhetorically. In reality, the promise of their colour revolutions is unrealised and they have shifted further towards authoritarianism, albeit following different paths in their respective post-revolution periods.

The European Court of Justice and process-oriented review. Research Paper in Law, 01/2012

Structuralism is a theory of U.S. constitutional adjudication according to which courts should seek to improve the decision-making process of the political branches of government so as to render it more democratic.1 In words of John Hart Ely, courts should exercise their judicial-review powers as a ‘representation-reinforcing’ mechanism.2 Structuralism advocates that courts must eliminate the elements of the political decision-making process that are at odds with the structure set out by the authors of the U.S. Constitution. The advantage of this approach, U.S. scholars posit, lies in the fact that it does not require courts to second-guess the policy decisions adopted by the political branches of government. Instead, they limit themselves to enforcing the constitutional structure within which those decisions must be adopted. Of course, this theory of constitutional adjudication, like all theories, has its shortcomings. For example, detractors of structuralism argue that it is difficult, if not impossible, to draw the dividing line between ‘substantive’ and ‘structural’ matters.3 In particular, they claim that, when identifying the ‘structure’ set out by the authors of the U.S. Constitution, courts necessarily base their determinations not on purely structural principles, but on a set of substantive values, evaluating concepts such as democracy, liberty and equality. 4 Without claiming that structuralism should be embraced by the ECJ as the leading theory of judicial review, the purpose of my contribution is to explore how recent case-law reveals that the ECJ has also striven to develop guiding principles which aim to improve the way in which the political institutions of the EU adopt their decisions. In those cases, the ECJ decided not to second-guess the appropriateness of the policy choices made by the EU legislator. Instead, it preferred to examine whether, in reaching an outcome, the EU political institutions had followed the procedural steps mandated by the authors of the Treaties. Stated simply, I argue that judicial deference in relation to ‘substantive outcomes’ has been counterbalanced by a strict ‘process review’. To that effect, I would like to discuss three recent rulings of the ECJ, delivered after the entry into force of the Treaty of Lisbon, where an EU policy measure was challenged indirectly, i.e. via the preliminary reference procedure, namely Vodafone, Volker und Markus Schecke and Test-Achats.5 Whilst in the former case the ECJ ruled that the questions raised by the referring court disclosed no factor of such a kind as to affect the validity of the challenged act, in the latter cases the challenged provisions of an EU act were declared invalid.

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.

Freedom of movement of persons - the building block of European growth. CHALLENGE EUROPE Issue 22 - Challenges and new beginnings: Priorities for the EU's new leadership, September 2014.

The European integration project is founded on values and principles which are simple, equal, and advantageous for all. Freedom of movement of persons is one of the main cornerstones of EU success. It is a fundamental, cherished right of EU citizens. Thanks to this liberty, European citizenship is real, concrete and attractive. Moreover, it spurs economic growth and technological development. But because freedom of movement has become an obvious feature of our day-to-day lives, some of us tend to underestimate its consequences. Important recent developments mean that we must renew our commitment to defend this building-block of a Europe whole and free.

Economic Implications of Enlargement. Bruges European Economic Policy (BEEP) Briefing 1/2002

The Eastern enlargement is about to be decided by the European Council. As expected, the “end game “ of the negotiations and assessments is heavily biased by a narrow perspective on net transfers, on income compensations to Central European farmers and on the psychological politics of a single “big bang “. None of these three so-called key items of the end game are of much relevance to appreciate the significance of enlargement. Net transfers have little to do with the costs and benefits of club membership for countries which pay, and can lead to addiction and lethargy rather than extra growth if market integration, macro-economic stability and domestic reforms are not taken serious (as the case of Greece before 1997 has demonstrated). Income compensations for Eastern farmers are crucial for this pressure group, and symbolically of some importance in domestic politics because of the perversity that rich farmers get more, but their absence is likely to serve the public interest in candidate countries far better. And being part of the big bang, as against getting in one or three years later, has assumed a dramatic meaning during this end game, far beyond its true proportions. This hectic European theatre tends to obscure what enlargement is mainly about, now that the stability and values have been secured for the peoples from Central Europe. In a guaranteed setting of peace, freedom and security, enlargement is about greater prosperity.