The language issue in Ukraine: An attempt at a new perspective. OSW Study 40/2012

Ukraine has been an independent state for only 20 years and the consequence of the long-term incorporation of Ukrainian lands into the Russian/Soviet state is an ethnically mixed society. In Ukraine, alongside Ukrainians, there are very many Russians and members of other nationalities of the former Soviet Union as well as a still large group of people who identify themselves as Soviets (in terms of their nationality). A significant part of Ukrainians use Russian in their everyday life (particularly professional) while knowing Ukrainian to only a small degree or not at all. Due to this Kyiv has to implement a language policy (which does not have to be pursued in e.g. Poland or Hungary) in search of solutions to ensure the stable functioning of a modern state for a multilingual society. The language issue is therefore an important challenge for the Ukrainian state and one of the more significant issues in Ukraine’s internal politics. In this text I eschew a detailed analysis of the question of Crimea as its social dynamics (also in the language area) is clearly distinct from the remaining part of Ukraine for four reasons: the short-term character of the region’s links with Ukraine, its relative geographic isolation (Crimea is almost an island), the formal autonomy of the Autonomous Republic of Crimea, and the presence of the Crimean Tatar community which is demanding the recognition of its language rights.

Economics of Policy Errors and Learning in the European Union. Bruges European Economic Policy (BEEP) Briefing 31/2013

Policy errors occur regularly in EU Member States. Learning from these errors can be beneficial. This paper explains how the European Union can facilitate this learning. At present, much attention is given to “best practices”. But learning from mistakes is also valuable. The paper develops the concept of “avoidable error” and examines evidence from infringement proceedings and special reports of the European Court of Auditors which indicate that Member States do indeed commit avoidable errors. The paper considers how Member States may take measures not to repeat avoidable or predictable errors and makes appropriate proposals.

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.