With or without you...judging politically in the field of Area of Freedom, Security and Justice? Research Papers in Law, 3/2007

From the Introduction. The study of the European Court of Justice’s (ECJ) case law of the regarding the Area of Freedom Security and Justice (AFSJ) is fascinating in many ways.1 First, almost the totality of the relevant case law is extremely recent, thereby marking the first ‘foundational’ steps in this field of law. This is the result of the fact that the AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999.2 Second, as the AFSJ is a new field of EU competence, it sets afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its member states, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) measure of the protection given to fundamental rights. The above questions beg for answers which should take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.3 Third, and as a consequence of the above, the vast majority of the ECJ’s judgments relating to the AFSJ are a) delivered by the Full Court or, at least, the Grand Chamber, b) with the intervention of great many member states and c) often obscure in content. This is due to the fact that the Court is called upon to set the foundational rules in a new field of EU law, often trying to accommodate divergent considerations, not all of which are strictly legal.4 Fourth, the case law of the Court relating to the AFSJ, touches upon a vast variety of topics which are not necessarily related to one another. This is why it is essential to limit the scope of this study. The content of, and steering for, the AFSJ were given by the Tampere European Council, in October 1999. According to the Tampere Conclusions, the AFSJ should consist of four key elements: a) a common immigration and asylum policy, b) judicial cooperation in both civil and penal matters, c) action against criminality and d) external action of the EU in all the above fields. Moreover, the AFSJ is to a large extent based on the Schengen acquis. The latter has been ‘communautarised’5 by the Treaty of Amsterdam and further ‘ventilated’ between the first and third pillars by decisions 1999/435 and 1999/436.6 Judicial cooperation in civil matters, mainly by means of international conventions (such as the Rome Convention of 1981 on the law applicable to contractual obligations) and regulations (such as (EC) 44/20017 and (EC) 1348/20008) also form part of the AFSJ. However, the relevant case law of the ECJ will not be examined in the present contribution.9 Similarly, the judgments of the Court delivered in the course of Article 226 EC proceedings against member states, will be omitted.10 Even after setting aside the above case law and notwithstanding the fact that the AFSJ only dates as far back as May 1999, the judgments of the ECJ are numerous. A simple (if not simplistic) categorisation may be between, on the one hand, judgments which concern the institutional setting of the AFSJ (para. 2) and, on the other, judgments which are related to some substantive AFSJ policy (para. 3).

Russia marks the 70th anniversary of the victory over Nazism: What significance does it have in an epoch of global confrontation? OSW Commentary No. 171, 20 May 2015

The Victory Day celebrations held in Russia on 9 May 2015 were special for marking the seventieth anniversary of the end of World War II but the particular international and domestic context they were set in was of yet greater importance. The element which set the celebrations in 2015 apart from those in the preceding years was how the military and moral aspects of Soviet victory over Nazi Germany was made part of the current geopolitical confrontation with the West concerning the Ukrainian crisis. The escalation of the aggressive rhetoric on Europe and the USA and accusations that the West is destabilising the international situation and striving for conflict was accompanied by a display of the increasing military power of the Russian Federation; the display itself was stronger than has been seen in preceding years. This was a clear sign that Moscow is ready to protect its national interests in the area of foreign policy by any means. At the same time, the creation of an atmosphere of threat and stoking patriotic feelings was intended to mobilise the Russian public around the political leadership while the country’s economic problems are deteriorating further.

Turkey’s new election: War or peace? EPC Commentary, 30 October 2015

Turkey is headed to its second parliamentary election in five months with snap polls slated for November 1. The election will take place in a highly charged atmosphere with escalating violence and financial volatility. The renewed conflict between Turkey and the terrorist Kurdistan Workers' Party (PKK) is spreading throughout the country with the rise of ethnic tensions posing a big threat to internal harmony. Even a peace rally in the capital Ankara was hit by suicide bombers marking the deadliest terror attack in Turkey's history. Turkey, which has always been the most stable country in a turbulent region, risks its security being seriously jeopardised unless the violence is urgently stopped and the political ambiguity is ended through a stable government.

The AKP rebooted – What next for Turkey? EPC Commentary, 30 October 2015

Turkey is headed to its second parliamentary election in five months with snap polls slated for November 1. The election will take place in a highly charged atmosphere with escalating violence and financial volatility. The renewed conflict between Turkey and the terrorist Kurdistan Workers' Party (PKK) is spreading throughout the country with the rise of ethnic tensions posing a big threat to internal harmony. Even a peace rally in the capital Ankara was hit by suicide bombers marking the deadliest terror attack in Turkey's history. Turkey, which has always been the most stable country in a turbulent region, risks its security being seriously jeopardised unless the violence is urgently stopped and the political ambiguity is ended through a stable government.