New Europeans, New Identities; Reflections on Europe’s Dilemma. IES WORKING PAPER 1/2008

This paper examines issues relating to the integration of immigrants, particularly Muslim immigrants, into European societies. It first contemplates whether a true European identity really exists. Building on the different conceptions of (European) identity, the paper claims that a sense of belonging is crucial in helping immigrants integrate into Europe. The paper also argues that identity is, actually, most relevant when it is under threat. The paper therefore looks at the nature of Muslim society in Europe and some of the reasons for disaffection in that population. While doing this, the paper compares the various models of integration in, for example, the United States, Canada and Israel with the attempt by a number of EU Member States to find satisfactory integration strategies. Also, the efforts of the European Commission to forge an acceptable integration framework through the principles elaborated following the Hague declaration in November 2004 are discussed. The paper concludes that integration is best approached by creating cohesive communities and loyalties at the local level.

The New EU Criminal Law Competence in Action: The Proposal for a Directive on Criminal Sanctions for Insider Dealing and Market Manipulation. IES WORKING PAPER 5/2013

The aim of this paper is to analyse the proposed Directive on criminal sanctions for insider dealing and market manipulation (COM(2011)654 final), which represents the first exercise of the European Union competence provided for by Article 83(2) of the Treaty on the Functioning of the European Union. The proposal aims at harmonising the sanctioning regimes provided by the Member States for market abuse, imposing the introduction of criminal sanctions and providing an opportunity to critically reflect on the position taken by the Commission towards the use of criminal law. The paper will discuss briefly the evolution of the EU’s criminal law competence, focusing on the Lisbon Treaty. It will analyse the ‘essentiality standard’ for the harmonisation of criminal law included in Article 83(2) TFEU, concluding that this standard encompasses both the subsidiarity and the ultima ratio principles and implies important practical consequences for the Union’s legislator. The research will then focus on the proposed Directive, trying to assess if the Union’s legislator, notwithstanding the ‘symbolic’ function of this proposal in the financial crisis, provides consistent arguments on the respect of the ‘essentiality standard’. The paper will note that the proposal raises some concerns, because of the lack of a clear reliance on empirical data regarding the essential need for the introduction of criminal law provisions. It will be stressed that only the assessment of the essential need of an EU action, according to the standard set in Article 83(2) TFEU, can guarantee a coherent choice of the areas interested by the harmonisation process, preventing the legislator to choose on the basis of other grounds.