Public Procurement Law and Health care: From Theory to Practice. Research Paper in Law, 2/2010

From the Introduction. This contribution will focus on the core question if, how and to what extent the EU procurement rules and principles (may) affect the national health care systems. We start our analysis by summarizing the applicable EU public procurement legislation, principles and soft law and its exact scope in relation to health care. (section 2). Subsequently, we turn to the parties in a contract, subject to procurement rules in the field of health care, addressing both the definition of contracting authorities and relevant case law (section 3). This will then lead to an analysis of possible justifications for not holding a tender procedure in the field of health care (section 4). Finally, we illustrate the impact of EU public procurement rules on health care by analysing a Dutch case study, in which the question whether public hospitals in the Netherlands qualify as contracting authorities in terms of the Public Sector Directive stood central (section 5). Our conclusions will follow in section 6.

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.

A stable Libya would close the door to Daesh. CEPS Policy Brief No. 340, March 2016

Since the fall of the Gaddafi regime in 2011, everything has seemed to conspire against the transition process in Libya. The idea of a stabilisation force has met political resistance in most European countries, because there is little appetite for long-term interventions that carry a high risk of casualties. This author argues that, among other initiatives, ground forces are nevertheless a necessary component of stabilisation in this fragile country. He makes four recommendations to guide the engagement of external actors.

Two Boats in the Mediterranean and their Unfortunate Encounters with Europe’s Policies towards People on the Move. CEPS Liberty and Security in Europe No. 48, 20 July 2012

Two stark reminders of the difficulties that people on the move encounter in the Mediterranean have been grabbing headlines recently: the so-called ‘left-to-die’ boat report and the ground-breaking Hirsi judgment. These two instances present the worst of both worlds: the first concerns a migrant boat that was ignored altogether, resulting in many deaths, whereas the second concerns a migrant boat being intercepted but subsequently dealt with in a way that contradicts Europe’s human rights standards. These two cases are neither isolated nor incidental. Instead they are of wider concern to the EU and reminders of structural deficiencies in Europe’s approach to people on the move in the Mediterranean. This paper identifies those cross-cutting deficiencies and proposes recommendations to correct them.

The European Union’s Role in the Formation of India’s Climate Change Policy. Bruges Regional Integration & Global Governance Papers 2/2012, September 2012

This paper focuses on the role of the European Union (EU) in the formation of India’s climate change policy; an increasingly high profile issue area. It is based on an extensive study of relevant literature, EU-India policy documents and the execution of thirteen semi-structured interviews with experts; many of whom have experienced EU-India cooperation on climate change first-hand. A three-point typology will be used to assess the extent of the EU’s leadership role, supporting role or equal partnership role in India, with several sub-roles within these categories. Further, for clarity and chronology purposes, three time periods will be distinguished to assess how India’s climate policy has evolved over time, alongside the EU’s role within that. The findings of the paper confirm that the EU has demonstrated signs of all three roles to some degree, although the EU-India relationship in climate policy is increasingly an equal partnership. It offers explanations for previous shortcomings in EU-India climate policy as well as policy recommendations to help ensure more effective cooperation and implementation of policies.