New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection. CEPS Liberty and Security in Europe No. 77/ January 2015

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.

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’.

‘Optimal’ versus ‘Maximal’ Public Access to Documents: a Brief Note on EU Case Law. European Policy Brief No. 4, September 2011

With the legislative reform of Regulation No 1049/2001 on Public Access to Documents stuck in a political deadlock for the last 3-4 years, this policy brief reflects on the main trends in the sizeable - not uncontroversial - body of case law by which the Court of Justice of the European Union has shaped to an important extent the right of public access to documents within the Union. Indeed, when policy-makers eventually manage to move beyond the current political stalemate, they will simply be obliged to take into account and respond to these jurisprudential interpretations. Hence, this policy brief aims to raise policy-makers’ awareness of the different issues at stake in this dossier and pleads in favour of ‘optimal’ as

The post-Lisbon role of the European Parliament in the EU's Common Commercial Policy: Implications for bilateral trade negotiations. EU Diplomacy Paper 05/2012, July 2012

This paper sets out to conduct an empirical analysis of the post-Lisbon role of the European Parliament (EP) in the EU’s Common Commercial Policy through an examination of the ‘deep and comprehensive’ bilateral Free Trade Agreements (FTAs) currently negotiated as part of the EU’s Global Europe strategy. The EU-Korea and EU-India FTAs are used as case studies in order to determine the implications of the EP’s enhanced trade powers on the processes, actors and outcomes of EU bilateral trade policy. The EP is now endowed with the ‘hard power’ of consent in the ratification phase of FTAs, acting as a threat to strengthen its ‘soft power’ to influence negotiations. The EP is developing strategies to influence the mandate and now plays an important role in the implementation of FTAs. The entry of this new player on the Brussels trade policy field has brought about a shift in the institutional balance of power and opened up the EP as a new point of access for trade policy lobbyists. Finally, increased EP involvement in EU trade policy has brought about a politicisation of EU trade policy and greater normative outcomes of FTAs.