(EU) friends: NGO cooperation and involvement across multi-level policy processes. IES Working Paper 1/2007

A growing body of research focuses on the expanding roles of NGOs in global and supranational governance. The research emphasizes the increasing number of participation patterns of NGOs in policymaking and cross-national cooperation. It has produced important insights into the evolving political role of NGOs and their growing involvement in governance. The focus on activities at a transnational level has, however, lead to the virtual exclusion of research on other levels of governance. It has not been possible to tell whether the locus of their political activity is shifting from the national to the transnational environment, or whether it is simply broadening. Missing from the literature is an examination of the variety of cooperative relationships, including those between NGOs, which impact policy involvement across different levels of governance. To bridge this gap, I address two key questions: 1) Is the strategy of cooperation among NGOs a common feature of social movement activity across levels of governance, and if so, what does the structure of cooperation look like? 2) What impact, if any, does cooperation have on the expanding political involvement of NGOS, both within and across levels of governance? Using data from an original survey of migrant and refugee organizations across much of Europe, I test several hypotheses that shed light on these issues. The findings broadly indicate that 1) Cooperation is a widely-used strategy across levels of governance, 2) Cooperation with specific sets of actors increases the likelihood of NGO involvement at different levels of governance. Specifically, cooperation with EU-level actors increases the likelihood of national-level involvement, and 3) NGOs are more likely to extend their involvement across a range of institutions if they cooperate with a broad range of actors.

EU 2020 Renewable Energy Goals Insufficient. IES Policy Brief Issue 2012/01/January 2012

Summary. It is clear that any action to combat climate change must involve extensive efforts in reducing the greenhouse gas (GHG) emissions from the energy sector. In the EU, nearly 80% of total GHG emissions come from the energy sector (European Commission, 2011, p. 21). Any credible action within the EU on combating climate change therefore requires deep shifts in the way we produce and use our energy. This paper highlights that renewable energy policies to 2020 are insufficient to meet the EU’s long-term climate policy objectives of reducing GHG emissions by between 80 and 95% by 2050, and thereby aiming to avoid an increase in global temperatures of more than 2°C. Such an ambition would likely require a very high share of renewable energy (in the range of 80 to 100%) in the overall energy mix of the EU, given current uncertainties about the feasibility of potential technological developments (e.g. carbon capture and storage technology).

The role of EU Special Representatives in the post-Lisbon foreign policy system: A renaissance? IES Policy Brief Issue 2012/02/June 2012

Summary. EU Special Representatives have been deployed since 1996 in order to contribute to the EU’s crisis management efforts in various crisis regions. As they are not part of the formal hierarchy of the European External Action Service and thus a rather flexible foreign policy instrument at the disposal of the Member States, new special representatives have been appointed in 2011 and 2012. This Policy Brief argues that the representatives’ autonomy must not necessarily lead to ‘clashes of competence’ with the EU’s diplomatic service.

Energy Transition in Europe’s Power House. Alleingang, avant-garde or blackout? IES Policy Brief Issue 2012/03/October 2012

Summary. The transformation of Germany’s energy sector will further exacerbate current network fluctuations and intensify the need for modifications in Europe’s power system. Cross-border power transfers will have to increase in order to overcome national limitations for absorbing large volumes of intermittent renewables like wind and solar power. In order to establish such an infrastructure on a European scale, the energy transition needs to be guided by an economic approach designed to prevent further fractures in the Internal Electricity Market. Moreover, constructive negotiations with neighbouring countries on market designs and price signals will be important preconditions for a successful energy transition in Europe.

Reviewing the EU’s Crisis Management Procedures. IES Policy Brief Issue 2012/04/November 2012

Summary. The ongoing review of the EU’s Crisis Management Procedures warrants attention. What passes as an update of an arcane and technical document masks a profoundly political debate concerning what the Common Security and Defence Policy (CSDP) should be about. This policy brief summarises the main proposals and formulates a set of critical reflections. It calls for replacing the bureaucratic scheming with a more forthright political debate, and warns against sacrificing incompatible organisational cultures on the altar of the comprehensive approach. At a time when European security and prosperity trends are increasingly pointing downwards, the EEAS and the member states must look to the future and embrace, rather than resist, change.

The Role of Civil Society Dialogue in the EU-China Cooperation on Renewable Energy. IES Policy Brief Issue 2012/05/December 2012

Summary. Expanding EU-China institutional cooperation in the energy sector has been matched by a parallel process of stronger economic ties between European and Chinese companies in the renewable energy (RE) sector (particularly wind and photovoltaics). While the foundation of early EU-China institutional relations was based primarily on trade cooperation, international efforts to mitigate climate change and the common challenge of decreasing energy dependence in a sustainable manner brought a new dimension to their partnership in the energy sector in the mid 90s. Although the role of EU-China energy cooperation has grown tremendously in the context of EU external trade policy and EU strategy to boost its energy independence and international climate policy, the potential of civil society collaboration in this partnership has remained rather unexploited. Based on major civil society initiatives in the RE field that have been developed in recent years, this policy brief argues that civil society dialogue between China and EU could be an important driving force in deepening EU-China cooperation on RE and a bridge towards a more sustainable future.

Lessons for the EU from the Senkaku/Diaoyu Islands Crisis. IES Policy Brief Issue 2013/01 • February 2013

Summary. From April until October 2012, China witnessed a series of public protests against the Japanese purchase of the Senkaku/Diaoyu Islands. Besides providing further evidence of growing Chinese nationalism, this unrest is interesting for other reasons relevant to EU policy. The Beijing leadership, which is traditionally perceived as the only source of foreign policy decisions in China, faces a changing domestic constellation. Domestic opinion increasingly constrains Chinese foreign policy, and it becomes obvious that foreign policy decision-making in Beijing is not insulated from larger social developments. Even if foreign policy decisions in China are still made without direct input from civil society, the influence of social forces on Chinese foreign policies has to be taken seriously. The EU thus might want to reconsider its approach to China: as long as EU concerns about human rights are met with a rather uncompromising attitude by the Chinese political elites, Brussels should double its efforts to reach Chinese civil society.

The Sahel Crisis: Where do European and African Perspectives Meet? IES Policy Brief Issue 2013/02/March 2013

Summary. The crisis in Mali has brought the Sahel to the centre of international attention. This fragile region not only suffers from longstanding development challenges, but also from an acute security vacuum that has triggered military intervention. Many questions have arisen as a consequence of the crisis. Has the European Union the ability to cope with such a complex and dynamically evolving security environment? How have divergent views on the political roadmap to be adopted, and the lack of resources at the African level, impacted the crisis response? Can the different players involved agree on what are the most pertinent needs and challenges to be addressed? Are they ready for long-term engagement? Can regional organisations effectively collaborate and are they able to successfully integrate different agendas? Following a conference organised by the Institute for European Studies, the Egmont Institute and the Observatoire de l’Afrique on these questions this Policy Brief builds on the findings of the conference and provides an analytical overview of the regional crisis by focusing on the main challenges facing the Sahel, the local and regional dynamics at play and the military and security response.

DG CONNECT’s Stakeholder Engagement Strategy. IES Policy Brief Issue 2013/03 • April 2013

Summary. How do we ensure that public policy represents the interests of all, rather than a select few? How will we ensure it draws upon the best insights and talents of key stakeholders? The European Commission’s DG CONNECT recently announced the results of its Stakeholder Engagement Survey, which is designed to ‘provide empirical results and feedback about existing practices and signal gaps and challenges for action in the area of stakeholder engagement.’ (Directorate-General for Communications Networks, Content and Technology, Stakeholders Unit D4, 2013, p.4). The survey launched a new round of reflection on the Commission’s relations with its stakeholders by asking respondents to reflect on the way in which they interact with DG CONNECT. The strategic objective is to see how ICTs can be used in novel ways to enhance support for policymaking from stakeholders in the EU. The Stakeholder Engagement Survey makes a start at answering critical questions about use of ICT as a tool to build ‘smarter policy’ as part of DG CONNECT’s wider step toward defining a strategy for stakeholder engagement. This IES Policy Brief welcomes this current work-in-progress, and outlines some of the challenges that may await the European Commission as it seeks to exploit the full potential of ICT in stakeholder engagement. It provides an initial analysis of the results of this first Stakeholder Engagement Survey, and concludes that whilst many things have changed with regards to tools that policymakers can use to elicit input into policymaking, certain challenges have remained very much the same.

The UN General Assembly Resolution on Access to Legal Aid in Criminal Proceedings - an Example for Europe. IES Policy Brief Issue 2013/04 • May 2013

Summary. The EU’s attempts to adopt an EU-wide instrument on the right to access to legal aid in criminal proceedings have not been successful so far. The important issue was originally part of Measure C of the Roadmap for criminal procedural rights,1 but due to political difficulties legal aid was dropped from the agenda. However, on a different plane agreement was reached on this topic as the United Nations General Assembly (UNGA) has adopted the world’s first international instrument dedicated to access to legal aid in December 2012.2 This policy brief argues that the EU should carry on in the ‘spirit’ of these recent developments and adopt a directive providing suspects and defendants with access to legal aid. 1 Council Resolution of 30 November 2009 on a Roadmap for strengthening procedural rights of suspected or accused persons in criminal proceedings, OJ C 295/1, 4 December 2009; hereafter will be referred to this Council Resolution as the ‘Roadmap’; for further information see M. Jimeno-Bulnes, ‘The EU Roadmap for Strengthening Procedural Rights of Suspected or Accused Persons in Criminal Proceedings’, 4 EUCrim (2009), 157-161. 2 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, A/Res/67/187, 20 December 2012; from here on will be referred to this as the ‘Resolution’.

The European Union Multiannual Financial Framework 2014-2020: How to do more for less? IES Policy Brief Issue 2013/05 • May 2013

The European Council meeting on 7 and 8 February 2013 attracted an unusual level of attention from media and citizens. For a couple of days, Europe played a more important role in national politics and news. Sensation-frenzied media and excited politicians spouted notions of ‘a battle’, ‘winners’, ‘losers’ or ‘striking deals’, as if Europe had gone back to the time when its military powers still conflicted. After more than 24 hours of intense negotiations, the respective Member States leaders left Brussels with ‘good news’ for their citizens. However, those with more Euro-federalist feelings were left with a sense of non-accomplishment and missed opportunities, not only because the EU budget for the first time in history was set for a net decrease, but also because the European Council’s conclusions did not contain any ground-breaking changes to this system. Nevertheless, the European Parliament (EP) immediately reminded Europe about its role and outlined its conditions for further negotiations. Thus, the supporters of a modern and stronger EU budget still see a chance in the consent procedure and hope to shift the focus of the debate from the juste retour spirit to the consideration of the European common good. Is there still a chance for such a shift? What issues are at stake?

The UN General Assembly Vote: Upgrading the Status of Palestine and Its Implications for a Possible Role of the ICC. IES Policy Brief Issue 2013/06 • June 2013

On 29 November 2012, the General Assembly of the United Nations (UN) voted overwhelmingly to accord Palestine ‘Non-Member Observer State’ Status in the UN. In the first part of this Policy Brief, the implications of upgrading the status of Palestine with regard to the possible role of the International Criminal Court (ICC) will be assessed. In April 2012, the Office of the Prosecutor of the ICC declined to accept jurisdiction for acts committed on the territory of Palestine since 1 July 2002, justifying its decision based on the fact that Palestine had, at the time, only the status of an ‘Observer Entity’ at the UN. Subsequently, it will be analysed if the Palestinian pursuit of its cause before the ICC can be considered as an effective lawfare strategy or rather as a poisoned chalice.

The Racial Equality Directive – from law to practice. IES Policy Brief Issue 2013/07/September 2013

The transposition of the Racial Equality Directive (2000/43/EC) has immensely enhanced legal protection against discrimination on the grounds of racial and ethnic origin throughout the EU. More than 10 years after its adoption, the main challenge identified in many Member States is the enforcement of anti-discrimination laws in practice, in particular with regard to access to justice. Ultimately it is up to the domestic courts to ensure effective implementation of anti-discrimination law. Polls regularly show that the discrepancy between the levels of discrimination experienced and discrimination reported by victims must be seriously addressed. Awareness is low not only among the public but also among the members of the legal professions, leading to under-reporting of discrimination cases. In addition, data that reflect the ethnic or racial composition of the population are scarce which makes it difficult to prove discrimination before the competent authorities. Moreover, certain procedural difficulties that affect access to justice and effective enforcement also stem from the short limitation periods foreseen in legislation, lengthy procedures, evidence, high costs and failures in the provision of legal aid, ineffective sanctions, as well as barriers in the form of language and issues relating to legal standing or legitimate interest. The law remains complex and remedies often inadequate.

Environmental Degradation, Climate Change and Migration: from Research to Policy-Making. IES Policy Brief Issue 2013/08/September 2013

Summary. In recent months, the migratory impacts of environmental degradation and climate change have gained increased worldwide attention. In response to the publication of the EC Staff Working Document on Climate Change, Environmental Degradation and Migration, this policy brief critically outlines current themes and issues that surround this global phenomenon, specifically the findings of current international research which frame the discussions on terminology and current legal, political and institutional conceptual debates. Several proposals were put forward during a Policy Forum in January 2013. Firstly, there is a need for tailored and actionable research outputs that take into account political pressures and realities on the ground. Secondly, migration and climate policies would be clearly boosted through the elaboration of a common policy-oriented research agenda of which elements were put forward at the event. Finally, efficient communication tools and channels could be developed to transfer research findings to policy-makers.

The ICC and its Deteriorating Relationship with Africa in Light of the Kenya Cases: What Should the EU Position be? IES Policy Brief Issue 2013/09 • November 2013

Summary. The African Union (AU), a union consisting of 54 African States, held an Extraordinary Summit on 11-12 October 2013, to discuss its relationship with the International Criminal Court (ICC or the Court). The meeting took place just weeks before the trial of Kenya’s President Uhuru Kenyatta is scheduled to begin, and was clearly intended to voice discontent and put on hold the ongoing ICC proceedings against Kenyatta as well as his deputy, Vice-President William Ruto. Before the Summit, there were even widespread rumors that the Assembly of the AU would call for a mass withdrawal of African States Parties from the ICC Statute. Eventually, the Assembly did not go that far and took two important, but less controversial decisions. It called for the granting of immunities to Heads of States from prosecutions by international criminal tribunals and requested a deferral of the ICC cases against Kenyatta and Ruto through a resolution adopted by the UN Security Council (UNSC). After providing a background to the Kenya cases, this policy brief aims to evaluate what the position of the EU and its Member States as outspoken supporters of the ICC and the fight against impunity should be, especially given the fact that France and the UK, as permanent UNSC members, could block a UNSC deferral at any time.