Europe’s most wanted? Recalibrating Trust in the European Arrest Warrant System. CEPS Paper Liberty and Security in Europe 55/21 March 2013

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities. This reciprocal confidence, however, has been subject to an increasing number of challenges resulting from its practical application, presenting a dual conundrum: 1. Principle of proportionality: Who are the competent judicial authorities cooperating with each other and ensuring that there are sufficient impartial controls over the necessity and proportionality of the decisions on the issuing and execution of EAWs? 2. Principle of division of powers: How can criminal justice authorities be expected to handle different criminal judicial traditions in what is supposed to constitute a ‘serious’ or ‘minor’ crime in their respective legal settings and ‘who’ is ultimately to determine (divorced from political considerations) when is it duly justified to make the EAW system operational? It is argued that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new EU policy stakeholders’ structures and evaluation mechanisms. These should allow for the recalibration of mutual trust and mistrust in EU justice systems in light of the experiences of the criminal justice actors and practitioners having a stake in putting the EAW into daily effect. Such a ‘bottom-up approach’ should be backed up with the best impartial and objective evaluation, an improved system of statistical collection and an independent qualitative assessment of its implementation. This should be placed as the central axis of a renewed EAW framework which should seek to better ensure the accountability, impartial (EU-led) scrutiny and transparency of member states’ application of the EAW in light of the general principles and fundamental rights constituting the foundations of the European system of criminal justice cooperation.

Have the Germans lost their trust in Europe? CEPS Commentary, 20 September 2013

In the final days before the German federal elections, some observers are asking whether a change in government would portend a shift in the country’s consistently strong support of the euro. Even if a more eurosceptic government is elected to office, this commentary finds it highly unlikely that the German public would radically change its stance.

The End of the Transitional Period for Police and Criminal Justice Measures Adopted before the Lisbon Treaty: Who monitors trust in the European Criminal Justice area? CEPS Liberty and Security in Europe No. 74, December 2014

This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.

Images of Europeans: In-Group Trust and Support for European Integration. Jean Monnet/Robert Schuman Paper Series Vol. 14 No. 3, March 2014

Prior research on citizen support for European integration does not consider how individuals’ evaluations of European nationalities are associated with support. This paper fills this gap by developing a political cohesion model based on social identity theory. I claim that the probability of supporting integration increases with greater levels of trust in fellow Europeans, which assumes to reflect their positive images. Also, trust in eastern European Union nationalities has the highest impact on the probability for support, followed by trust in the southern nationalities, and then northern nationalities due to the eastern and southern nationalities relatively lower economic development. Controlling for various factors, the ordered logistic regression analysis of the European Election Study (2004) data support these claims.

Tunisia in turmoil: how should the EU react? CEPS Commentary, 4 March 2013

The assassination of the opposition leader in Tunisia exposed the underlying divisions between members of the ruling classes, between those in and outside of government, between religious groupings and secularists, and between the coastal areas and the hinterland of Tunisia. Since the revolution, tackling social inclusion has become a pressing problem: men versus women, young versus old, opponents versus supporters of the old regime and political forces inside Tunisia versus those in exile. The National Constituent Assembly (NCA)’s inability to address these fault lines and approve the second draft of the constitution has hampered the transition of the country towards the next elections, while all of the above have undermined trust in the political process. Although Tunisians are primarily responsible for the political processes in their country, argue authors Hrant Kostanyan and Elitsa Garnizova, the EU should step up its efforts to deliver on its commitments in the areas of money, market and mobility.

Public feeling in Ukraine ahead of the parliamentary election. OSW Commentary No. 89, 2012-07-12

After two and a half years under President Viktor Yanukovych and the Party of Regions, the overwhelming majority of Ukrainians are dissatisfied with the state the country’s economy is currently in and the direction it has been developing in. There has also been a significant drop in stability and social security with the general public increasingly feeling that the government has little interest in their problems. Only 16% of Ukrainians believe that the current government has performed better than their predecessors, although overall confidence in both the ruling party and the opposition remains low. Nonetheless, falling support for the president and the Cabinet does not seem to have translated into greater popularity for the country’s opposition parties; these currently enjoy the confidence of only a quarter of the electorate. The clear lack of credibility for politicians on either side of the political spectrum, coupled with an almost universal preoccupation with the bare necessities of life, has shifted the political processes in Ukraine further down the agenda for the majority of Ukrainians. Ukraine’s poor economic performance, which over the last two years has been addressed through a series of highly unpopular economic reforms, has resulted in a growing mood of discontent and increased civil activity, with the Ukrainian people reporting a greater willingness than ever to join protests on social issues. Most of them, however, have shown much less interest in political rallies. This is likely to stem from low levels of trust in the opposition and the general belief that opposition politicians are not a viable alternative to the current government. One may therefore assume that there will be little public scrutiny of the parliamentary election scheduled for 28 October, and that the likelihood of mass demonstrations during it is low. However, in the event of large-scale vote rigging and a dismissive response from the government, spontaneous unsanctioned rallies cannot be ruled out. What is more likely, however, is a series of protests after the elections, when the already difficult economic situation is further exacerbated by a predicted rise in the price of gas for Ukrainian households and a possible move to devalue the Ukrainian hryvnia.

The Criminalisation of Irregular Migration in the European Union. CEPS Liberty and Security in Europe No. 80/2015

This paper offers an academic examination of the legal regimes surrounding the criminalisation of irregular migrants in the EU and of acts of solidarity with irregular migrants, such as assisting irregular migrants to enter or remain in the EU, and other behaviour that is motivated by humanitarian instincts. The research analyses EU law and its relationship with national provisions regarding the criminalisation of irregular migration and of acts of solidarity vis-á-vis irregular migrants. A comparative analysis was made of the laws of the UK, France and Italy, supplemented by an analysis of the laws of Germany, the Netherlands and Spain. By considering the role of public trust in fostering compliance with the law, the paper explores the impact of criminalisation measures on institutions’ authority to compel individuals to comply with the law (institutional legitimacy). The study finds that certain indicators question institutional legitimacy and reveals the varied nature and extent of penalties imposed by different member states. The paper concludes that there is an important role for public trust in immigration law compliance, not just in measures directed towards irregular migrants but also towards those acting in solidarity with irregular migrants.

The European Power Hierarchy, Member State Trust, and Public Support for the Common Security and Defense Policy. Jean Monnet/Robert Schuman Paper Series Vol. 15 No. 2, August 2015

Existing studies focus on overall support for European integration while less work has been done on explaining public opinion on specific policy areas, such as the development of the Common Security and Defense Policy (CSDP). We hypothesize that the probability of supporting a CSDP increases with greater levels of trust in the European Union member states, most notably the more powerful members. This variable is critical since integration’s development is influenced strongly by, and dependent on, the resources of the relatively more powerful European member states. Binary logistic regression analyses using pooled repeated cross-sectional data from the Eurobarometer surveys conducted from 1992 to 1997 among individuals of 11 member states largely support these claims.

From apathy to nationalist mobilisation: politics makes a comeback in Armenia. OSW COMMENTARY NUMBER 215 | 08.06.2016

In the military dimension, the Four-Day War in Nagorno-Karabakh (2–5 April 2016) changed little in the conflict zone. It has, however, had a significant impact on the situation in Armenia. The country was shocked out of the political malaise that had been the dominant mood in the last few years, and the Karabakh question, which used to animate political life in the late 1980s and early 1990s, once again became a driving force behind developments. In the internal dimension, the renewed fighting galvanised the political scene, triggered a rise in nationalist sentiments, mobilised the public and consolidated it around the Karabakh question, overshadowing the frustrations caused by the country’s difficult economic situation. In the external dimension, the war, which was viewed as Moscow-endorsed Azerbaijani aggression, undermined people’s trust in Russia and the Armenian-Russian alliance. It also made it clear for Armenians how uncertain the Russian security guarantees were and exacerbated their feelings of vulnerability and isolation on the international stage.

The Impact of Spain’s Economic and Political Crisis on the European Elections. EPIN Commentaries No. 17, 2 April 2014

Despite the emergence of a critical debate against the EU-imposed austerity measures both at the level of the political elites and on the street, this EPIN Commentary by two Spanish political scientists based in Barcelona finds no sign that the upcoming European elections will have a more European focus than any of the previous ones. While there is no anti-European discourse among the Spanish mainstream political parties, they report that public trust in the European institutions is plummeting and Spanish turnout in European elections has been dropping in the last few years. In the authors’ view, the main reason for this is the low level of awareness of the functioning of the European Parliament but some responsibility also lies with the Spanish political parties and the way they deal with the electoral campaign to mobilise the discontented voters, who consider unemployment and the economic situation as the two most important issues that the country is facing at the moment.

Common Misconceptions about Elections to the European Parliament. CEPS Commentary, 23 May 2014

Much commentary on the EP elections has followed the line that the European Parliament somehow has less democratic legitimacy because the participation rate is low, and that these elections are taken less seriously because people’s trust in the EU institutions in general and the European Parliament in particular is low. However, both arguments lose much of their validity if the numbers are judged in a wider context.

A Life Cycle Approach to Investor Protection. ECMI Working Paper No. 1/September 2014

The market for investment products, including both securities and investment funds, is fraught with difficulties for consumers in terms of the ease of comparing products, trust in suppliers and consumer satisfaction. A comprehensive approach to investor protection, developed around the lifecycle of a financial product, may offer the investor greater protection during an investment’s life span. This paper proposes a new approach to investor protection, building on a review of major market failures affecting the origination, distribution and sale of financial products and based on a review of the relevant scientific literature and country experiences. The application of a ‘know-your-product’ principle at origination, a narrower ‘default rule’ for best execution and an ex-ante distinction between advice and ‘information-only’ services are among the options discussed in this paper to enhance the investor protection framework over the lifecycle of a financial product.

Europe’s energy security – is the Energy Union the answer? EPC Commentary

From the Introduction. The EU has seen a renewed interest in strengthening its common energy policy and promoting energy security. The greatest trigger has been Russia’s unpredictable, aggressive behaviour in Ukraine in the past year. Lack of trust in a long-standing economic partner and concerns about relying on a trade partner that does not adhere to international norms have left their mark.

A Crisis of Democratic Legitimacy? It’s about Legitimation, Stupid! European Policy Brief No. 21, March 2014

Are we witnessing a crisis of democratic legitimacy? While citizens may lose trust in political authorities, democratic principles and ideals continue to exercise considerable appeal. This Policy Brief argues that this paradox must be understood as a crisis of legitimation. Research suggests that legitimacy is inherently subjective and must be constantly re-earned. Low levels of political trust can be explained as the result of the complexity of globalised yet fragmented societies. The present feeling of malaise calls for a redefinition of the relationship between citizens and the authorities by which they are ruled. If popular sovereignty is to mean anything in today’s age, it requires a new legitimising narrative.