Casual but Smart: The Court’s new clothes in the Area of Freedom Security and Justice (AFSJ) after the Lisbon Treaty. Research Papers in Law, 2/2008

Introduction. Unintended as it was, the European Court of Justice (ECJ, the Court, the Court of the EU) has played an extremely important role in the construction of the Area of Freedom Security and Justice (AFSJ). The AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999. The fact that this is a new field of EU competence, poses 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) extent of the protection given to fundamental rights. The above questions have prompted judicial solutions which 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.1 The ECJ is the body whose institutional role is to benefit most from this upcoming ‘depilarisation’, possibly more than that of the European Parliament. This structure is on the verge of being abandoned, provided the Treaty of Lisbon enters into force.2 However spectacular this formal boost of the Court’s competence, the changes in real terms are not going to be that dramatic. This apparent contradiction is explained, to a large extent, by the fact that the Court has in many ways ‘provoked’, or even ‘anticipated’, the depilarisation of its own jurisdictional role, already under the existing three-pillar structure. Simply put, under the new – post Treaty of Lisbon – regime, the Court will have full jurisdiction over all AFSJ matters, as those are going to be fully integrated in what is now the first pillar. Some limitations will continue to apply, however, while a special AFSJ procedure will be institutionalised. Indeed, if we look into the new Treaty we may identify general modifications to the Court’s structure and jurisdiction affecting the AFSJ (section 2), modifications in the field of the AFSJ stemming from the abolition of the pillar structure (section 3) and, finally, some rules specifically applicable to the AFSJ (section 4).

State Transformation and the European Integration Project. Lessons from the financial crisis and the Greek paradigm. CEPS Special Report No. 130/February 2016

The financial crisis that erupted in the eurozone not only affected the EU’s financial governance mechanisms, but also the very nature of state sovereignty and balances in the relations of member states; thus, the actual inequalities between the member states hidden behind their institutional equality have deteriorated. This transformation is recorded in the case law of the Court of Justice of the European Union and the member states’ constitutional courts, particularly in those at the heart of the crisis, with Greece as the most prominent example. It is the issue of public debt (sovereign debt) of the EU member states that particularly reflects the influence of the crisis on state sovereignty as well as the intensely transnational (intergovernmental) character of European integration, which under these circumstances takes the form of a continuous, tough negotiation. The historical connection between public debt (sovereign debt) and state sovereignty has re-emerged because of the financial crisis. This development has affected not only the European institutions, but also, at the member state level, the actual institutional content of the rule of law (especially judicial review) and the welfare state in its essence, as the great social and political acquis of 20th century Europe. From this perspective, the way that the Greek courts have dealt with the gradual waves of fiscal austerity measures and structural reforms from 2010 to 2015 is characteristic. The effect of the financial crisis on the sovereignty of the member states and on the pace of European integration also has an impact on European foreign and security policy, and the correlations between the political forces at both the national and European level, thus producing even more intense pressures on European social democracy. In light of the experience of the financial crisis, the final question is whether the nation state (given the large real inequalities among the EU member states) currently functions as a brake or as an engine for future European integration.

Mid-term Evaluation of the 2009-14 European Parliament: Legislative activity and decision-making dynamics. CEPS Special Report, 23 July 2012

This special report analyses legislative activity in the European Union and coalition formation in the European Parliament (EP) during the first half of the 7th legislative term, 2009-14. Co-decision is now the ordinary legislative procedure, not by name only: it was deployed on 90% of new proposals in 2010 and 86% in 2011, which suggests that the EP is now more influential than ever. There are differences in the degree of empowerment across committees, however. This report looks at the legislative workload of selected committees as an indicator of change in their influence, identifying which of them won and which lost out in terms of the quantity and type of legislation they tackle.

The implications for the EU and national budgets of the use of EU instruments for macro-financial stability. CEPS Special Report, 4 September 2012

The euro crisis has forced member states and the EU institutions to create a series of new instruments to safeguard macro-financial stability of the Union. This study describes the status of existing instruments, the role of the European Parliament and how the use of the instruments impinges on the EU budget also through their effects on national budgets. In addition, it presents a survey of other possible instruments that have been proposed in recent years (e.g. E-bonds and eurobonds), in order to provide an assessment of how EU macro-financial stability assistance could evolve in the future and what could be its impact on EU public finances.

Women's Labour Market Performance in Europe: Trends and Shaping Factors. CEPS Special Report, September 2012

We investigate the changes in women’s employment patterns across EU countries over the last 20 years both in terms of labour market participation and type of jobs using individual data from ECHP and EUSILC databases. Using a logistic multilevel model, we then pin down the role played by institutional and policy changes in explaining women’s employment. The key results indicate that women’s employment trends are related to the institutional and policy changes that have been introduced in almost all European countries since the end of the 1990s. Such changes had an important impact on the labour market opportunities’ of women by affecting the quality of potential jobs available, the chances to (re-)enter the labour market and the opportunity costs of employment (vs. non-employment).

Workplace Innovation and Technological Change. CEPS Special Report, September 2012

This paper explores the extent to which the illusive phenomenon of workplace innovation has pervaded workplaces in Europe and whether it could be one of the answers to Europe’s longterm social and economic challenges that stem from an ageing workforce and the need for more flexibility to stay competitive. Basic data drawn from European Working Conditions Survey conducted every five years by the Dublin-based European Foundation for the Improvement of Living and Working Conditions are supplemented by a series of case studies to look at the problems encountered in introducing workplace innovation and possible solutions. One set of case studies examines the following organisations: SGI/GI (Slovak Governance Institute (Slovakia), as representative of the world of small- and medium-sized enterprises; Oticon (Denmark) as representative of manufacturing companies; the Open University (UK), as representative of educational organizations; and FPS Social Security (Belgium) representing the public sector. Two final case studies focus on the country-level, one looking at of how a specific innovation can become fully mainstreamed (in the Netherlands and the ‘part-time economy’) and the other (Finland and TEKES) looking at how a government programme can help disseminate workplace innovation. These six case studies, together with the statistical analysis, constitute the main empirical value added of the report.

The use of innovative financial instruments for financing EU policies and objectives: Implications for EU and national budgets. CEPS Special Report, October 2012

This CEPS Special Report analyses the proposed expansion of innovative financial instruments in the EU Multiannual Financial Framework for the 2014–20 period. It presents the economic rationale, governance principles and criteria that these instruments should follow and compares these with proposals from the European Commission. Based on this assessment, it makes recommendations for the proposed instruments.

Securing EU growth from services. CEPS Special Report No. 67, October 2012

This report explores the untapped growth that could result from the better functioning of services markets in the EU and aims to bridge the gap between the policy debate and the latest empirical economic analysis in this field. The authors find ample scope for further economic growth in the EU, both from the reform of domestic services and from the deepening of the ‘single services market’. Domestic and EU-level services reforms are so intertwined economically that indeed we may speak of a ‘double dividend’ and, for the eurozone, a ‘triple dividend’.