Shifting Responsibilities for EU Roma Citizens: The 2010 French affair on Roma evictions and expulsions continued. CEPS Paper in Liberty and Security in Europe No. 55, June 2013

Despite the ultimatum delivered in October 2010 to the French government by Viviane Reding, Vice-President of the European Commission, to adapt its national immigration law ‘to the letter’ of the Citizens Directive 2004/38, the country has continued to evict and expel Romanian and Bulgarian nationals of Roma origin. This paper examines the state of affairs with respect to France’s policy on eviction and expulsion of Roma and assesses the way in which the controversy has developed and can be understood from the perspective of citizenship of the EU. On the basis of an examination of the subsequent responses by the European Commission and the EU member states involved, as well as of a recent bilateral agreement concluded between France and Romania on the reintegration of families of Romanian citizens belonging to the Roma minority who have exercised their freedom to move, the paper suggests that there has been a paradigm shift in the priorities driving EU policy responses and politics. This shift has led to an ethnicisation of citizenship of the Union, where ethnicity increasingly plays a decisive role in the allocation and attribution of responsibility to secure and safeguard the union freedoms.

How much does EU citizenship cost? The Maltese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union? CEPS Liberty and Security in Europe No. 64, April/2014

How much does European citizenship cost in the EU? This was the question that has raised so much controversy over the Maltese citizenship-for-sale programme. The outright selling of Maltese nationality to rich foreigners led to unprecedented responses by the European Parliament and European Commission. This paper examines the affair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the grounds for the acquisition and loss of nationality without any EU supervision and accountability. It provides a comparative overview of member state schemes and the exact price for buying citizenship and a residency permit in the EU. It is argued that the EU’s intervention on the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passport-for-sale or golden migration programmes in other EU member states. The affair has also revealed the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and providing a supranational constellation of accountability venues scrutinising the impact of their decisions over citizenship of the Union. The Maltese citizenship-for-sale affair has placed at the forefront the EU general principle of sincere cooperation in nationality matters. Member states’ actions in the citizenship domain cannot negatively affect in substance the concept and freedoms of European citizenship. That notwithstanding, the European institutions’ insistence on the need for Maltese nationality law to require a ‘genuine link’ in the form of an effective residence criteria for any rich applicants to benefit from the fast-track naturalisation poses a fundamental dilemma from the angle of Union citizenship: what is this genuine link really about? And what is precisely ‘habitual’, ‘effective’ or ‘functional’ residence? It is argued that by supporting the ‘real connections’ as the most relevant standard, the European institutions may be paradoxically fuelling nationalistic misuses by member states of the ‘genuine link’ as a way to justify restrictive integration policies on the acquisition of nationality.

The 'Yukos affair', its motives and implications. OSW Study 25/2006

When interpreting the "Yukos affair", it is hard to focus on any single particular motive or explanation that would easily rationalise the government's actions against the company. The "Yukos affair" is a multi-layered process with a number of different reasons for its cause. When one scrutinises the events around the company, the impression may be obtained that the Kremlin seemed at first not to have had any ultimate strategy; the authorities' position evolved as time went by. At first, the conflict was mainly of a political nature; economic factors did not arise until later, when the oil sector was undergoing changes in ownership.

Does the Stockholm Programme matter? The struggles over ownership of AFSJ multiannual programming. CEPS Paper in Liberty and Security No. 51/December 2012

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament. This paper shifts the focus to a broader perspective and raises the following questions: Is the Stockholm Programme actually relevant? What do the discussions behind its implementation tell us about the new institutional dynamics affecting European integration on the AFSJ? Does the EU actually need a new (post- Stockholm) multiannual programme for the period 2015–20? And last, what role should the EP play in legislative and policy programming in order to further strengthen the democratic accountability and legitimacy of the EU’s AFSJ?

Open Season for Data Fishing on the Web: The Challenges of the US PRISM Programme for the EU. CEPS Policy Brief No. 293, 18 June 2013

The revelation of the top-secret US intelligence-led PRISM Programme has triggered wide-ranging debates across Europe. Press reports have shed new light on the electronic surveillance ‘fishing expeditions’ of the US National Security Agency and the FBI into the world’s largest electronic communications companies. This Policy Brief by a team of legal specialists and political scientists addresses the main controversies raised by the PRISM affair and the policy challenges that it poses for the EU. Two main arguments are presented: First, the leaks over the PRISM programme have undermined the trust that EU citizens have in their governments and the European institutions to safeguard and protect their privacy; and second, the PRISM affair raises questions regarding the capacity of EU institutions to draw lessons from the past and to protect the data of its citizens and residents in the context of transatlantic relations. The Policy Brief puts forward a set of policy recommendations for the EU to follow and implement a robust data protection strategy in response to the affair.

Too cold to handle: EU accession talks with Iceland. CEPS Commentary, 3 June 2013

Recent opinion polls suggest that most Icelanders are against joining the EU. By the same token, however, a majority of those polled are in favour of continuing accession talks. These results show that Iceland’s relationship with the EU is a deeply divisive issue within the country. Although no date for the referendum has been set, the new centre-right coalition may thus want to settle this matter as soon as possible. Should there indeed be a majority in support of continuing negotiations, then Iceland’s accession process will become a complicated and cool affair in the hands of an anti-EU membership coalition government.

Ukraine, Another point of view. OSW Point of View (Unspecified), February 2003

Ukraine is a difficult partner for the West, and recently, it has been perceived as an enfant terrible because of the Kolchuga affair. Western and Polish press describe Ukraine as an authoritarian regime plagued by an internal crisis or even threatened by destabilisation. This picture is certainly one-sided and oversimplified, and it fails to accurately present the reality of Ukraine. Apart from experiencing definitely adverse political developments, Ukraine has also been successful in some ways in terms of its internal and foreign policies and the economy. At the same time, certain processes take place among the Ukrainian elites, that might be difficult to capture in social surveys, but may become the starting point for the future modernisation and democratisation of the country. To realise that there are some favourable aspects to the changes occurring in Ukraine is not to recognise Ukraine as a country heading to democratisation and a market economy in the Western sense. Still, it is worthwhile to understand that the positive developments, even if isolated, do occur in Ukraine and that they could be strengthened by adequate policies of the Ukrainian authorities and the Western states.

Cameron’s ‘renegotiations’ (or Russian roulette) with the EU: An interim assessment. CEPS Working Document No. 413/September 2015

Since the May 2015 general election when the Tory Party gained an absolute majority in the House of Commons, Prime Minister Cameron has put his campaign into high gear to get a ‘new settlement’ with the EU and invested much personal diplomacy to try to advance his objective. “What does he really want?” is still heard from other EU leaders, yet his agenda is taking rough shape with calls for results under four headings: “competitiveness, sovereignty, social security and economic governance”. These are only code words, however, for a mixed bag of more specific desiderata, which overall seem to be moderate. Impossible demands have been quietly dropped. Some items will still be tricky to negotiate while others can be placed on the agenda for ongoing EU ‘reform’ that can be widely supported. The Brussels side of the affair thus seems manageable, but the wild cards at home in the UK remain or are becoming even wilder. The standard hazards of the referendum instrument are now exacerbated by the unknown quantity of the new Labour leadership alongside the aggressively Eurosceptic majority of Tory MPs and the great migration crisis, which is translating now into a negative factor for the EU in UK opinion polls. This ostensibly very democratic process is looking more and more like a deadly serious game of Russian roulette.