In-house lawyers of NRAs may not represent their clients before the European Court of Justice: A case note on UKE (2011). Research Papers in Law, 3/2011

From the Introduction. It is not frequent for a National Regulation Authority (NRA) to bring an action against the Commission decision and, cynically speaking, case Prezes Urzędu Komunikacji Elektronicznej2 v Commission3 shows that the avoidance of a sweeping retaliation may be one of the reasons for it. The General Court followed the Commission‟s argument that, notwithstanding the peculiarities of the employment conditions of the Polish Regulator‟s legal counsel giving it virtually full independence, as well as the fact that the Polish law itself does not differentiate between in-house counsel and third party attorneys, the claim should be rejected on the grounds of inadmissibility. The GC based its judgment on Art 19 of the Statute of the Court of Justice4, which requires that, with the exception of the Member States' Governments and the EU Institutions, parties to the dispute must be represented by a lawyer. In so doing, the Court explicitly referred to the infamous Akzo Nobel Chemicals and Akcros Chemicals v Commission5 and EREF v Commission6. Most importantly, the Court stated that the lawyers representing Prezes Urzędu Komunikacji Elektronicznej (UKE) are bound to enjoy a degree of independence inferior to that of lawyers who are not linked to their clients by an employment contract7.

Hostages to Moscow, clients of Beijing. Security in Central Asia as the role of the West diminishes. OSW Study 10/2014

The goal of this publication is to attempt to assess the thirteen years (2001- -2014) of the West’s military presence in the countries of post-Soviet Central Asia, closely associated with the ISAF and OEF-A (Operation Enduring Freedom – Afghanistan) missions in Afghanistan. There will also be an analysis of the actual challenges for the region’s stability after 2014. The current and future security architecture in Central Asia will also be looked at closely, as will the actual capabilities to counteract the most serious threats within its framework. The need to separately handle the security system in Central Asia and security as such is dictated by the particularities of political situation in the region, the key mechanism of which is geopolitics understood as global superpower rivalry for influence with a secondary or even instrumental role of the five regional states, while ignoring their internal problems. Such an approach is especially present in Russia’s perception of Central Asia, as it views security issues in geopolitical categories. Because of this, security analysis in the Central Asian region requires a broader geopolitical context, which was taken into account in this publication. The first part investigates the impact of the Western (primarily US) military and political presence on the region’s geopolitical architecture between 2001 and 2014. The second chapter is an attempt to take an objective look at the real challenges to regional security after the withdrawal of the coalition forces from Afghanistan, while the third chapter is dedicated to analysing the probable course of events in the security dimension following 2014. The accuracy of predictions time-wise included in the below publication does not exceed three to five years due to the dynamic developments in Central Asia and its immediate vicinity (the former Soviet Union, Afghanistan, Pakistan, Iran), and because of the large degree of unpredictability of policies of one of the key regional actors – Russia (both in the terms of its activity on the international arena, and its internal developments).

Best Practices in Involuntary Loss of Nationality in the EU. CEPS Liberty and Security in Europe No. 73/November 2014

This paper was prepared as a ILEC Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu.

A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union. CEPS Liberty and Security in Europe, 75/December 2014

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking it in the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems. The Dublin system as currently configured leads inexorably to increasing coercion and detention, and must thus be reconfigured to remove coercion as a principle and ensure consistency with human rights and other fundamental values of the EU.