1 + 1 = 3? EU-US voting cohesion in the United Nations General Assembly. EU Diplomacy Paper 07/2012, September 2012

This paper investigates the factors that explain the voting cohesion of the United States (US) and the European Union (EU) on foreign policy issues in the United Nations General Assembly (UNGA). It is often argued that the EU and the US are simply too different to cooperate within international organizations and thus to vote the same way, for example, in the UNGA. However, there is still a lack of research on this point and, more importantly, previous studies have not analyzed which factors explain EU-US voting cohesion. In this paper, I try to fill this gap by studying voting cohesion from 1980 until 2011 on issues of both ‘high’ politics (security) and ‘low’ politics (human rights) not only as regards EU-US voting cohesion, but also concerning voting cohesion among EU member states. I test six hypotheses derived from International Relations theories, and I argue that EU-US voting cohesion is best explained by the topic of the issue voted upon, whether an issue is marked as ‘important’ by the US government, and by the type of resolution. On the EU level, the length of Union membership and transaction costs matter most.

The Court of Justice of the European Union as a fundamental rights tribunal: challenges for the effective delivery of fundamental rights in the area of freedom, security and justice. CEPS Paper in Liberty and Security in Europe No. 49, 29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of ‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals in cases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Security and Justice (AFSJ), and its immigration, external border and asylum policies. In view of the fundamental rights-sensitive nature of these domains, which often encounter shifts of accountability and responsibility in their practical application, and the Lisbon Treaty’s expansion of the jurisdiction of the CJEU to interpret and review EU AFSJ legislation, this area can be seen as an excellent test case for the analyses at hand. The final section puts forth a set of policy suggestions that can assist the CJEU in the process of adjusting itself to the new fundamental rights context in a post-Lisbon Treaty setting.