To be in, or to be out: reflections on the Danish referendum. EPIN Commentary No. 29, 10 December 2015

In this EPIN Commentary, Catharina Sørensen offers her reflections on Denmark’s referendum, held on December 3rd, on whether the country should change its blanket opt-out on all justice and home affairs cooperation in the EU to the more nuanced opt-in model adopted by the UK and Ireland. In her view, the outcome reflected the two separate ‘languages’ deployed in the public debate over the referendum – the emotional discussion about sovereignty, which appealed to the heart, and the technical argument about cooperation, which appealed to reason. In using these two languages, the campaigners spoke past one another, failed to understand each other and divided Denmark into two opposing camps.

Flashlight Europe N°2–September 2014: Is It Better To Be Alone Than Lonely Together? Scotland Is Voting On Whether Or Not To Become Independent

On 18 September 2014 the Scots are voting on whether or not to sever their ties with the UK. And the pro-independence camp is catching up fast. A survey conducted at the beginning of the month revealed that for the first time 51 percent of the Scottish electorate say that they will be casting a Yes vote, i.e. that they are in favour of independence. The outcome is now in the hands of the undecided voters, who are currently being heavily courted by the various parties. If the Scots vote in favour of independence, it is bound to cast doubt on the future of the government of David Cameron, the Conservative Party leader. Who is fighting on which side? What are the arguments? And what will happen if the Scots decide to opt out of the United Kingdom? Here are some of the things that are a distinct possibility.

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.

British business and the Euro. ACES Cases No. 2008.2

During the Maastricht Treaty negotiations, the United Kingdom obtained an opt-out option on Economic and Monetary Union (EMU). When Tony Blair came to power, he promised there would be a referendum on the euro if the government decided it was in the national interest to join. Many believed Tony Blair intended to call and try to win a referendum on the euro. Therefore, in the late 1990s, the debate over the euro raged in Britain, filling the pages of the tabloids and the minds of many Britons. In this paper based on empirical research conducted in London in 2005-06, I investigate whether the business sector had a clear preference on the issue of British membership in the EMU and tried to influence the government‟s decision. I use Jeffry Frieden's model of interest group preferences regarding exchange-rate policies to develop hypotheses regarding the position of the business sector on the euro. Research findings reveal that the business sector was divided on the issue of euro membership exactly as Frieden's model predicts. However, the intensity of business preferences decreased overtime. By the end of Tony Blair's second term, the business sector had become neutral on the issue of the euro.

Will Cameron get what he wants? Anticipating reactions to Britain’s EU reform proposals. CEPS Commentary, 29 October 2015

After months of speculation about the British Prime Minister’s specific demands in terms of the “renegotiation” of the UK’s relationship with the EU, David Cameron has bowed to pressure from the heads of state or government of the other EU member states and committed himself to setting out the UK’s specific “concerns” in writing by early November. While we cannot be certain of the contents of David Cameron’s missive to the EU, his recent pronouncements before Parliament set out an agenda whose contours have become quite clear. In this Commentary the authors consider how far the other EU member states might be willing to accommodate Cameron’s demands and provide him with the political capital he seeks to lead the ‘in’ campaign. They distinguish four different attitudes among EU countries, and advocate a constructive approach that sets the scene for a Convention after 2017 – one that opens the treaty for a revision that could accommodate both the British demands for an ‘opt-out’ from ever closer union and gives leeway to those who wish to integrate further. Putting emphasis on strengthening the single market in the more immediate term would allow the Prime Minister to show his home audience that he is a leading reformer and that the EU gives oxygen to the British economy.This is an obvious area where he might be able to seal deals during the UK’s Presidency of the Council of the EU in the second half of 2017. The authors also consider what the European Council Conclusions on the UK’s wish list for EU reform might look like, given that any treaty revision before the time set for the UK referendum is unattainable. They present the results of a two-day simulation exercise involving a cross-section of national experts and present mock European Council Conclusions on the areas of ever closer union; the role of national parliaments; competitiveness; economic and monetary integration; and the free movement of labour.

Differentiated Integration in the EU - From the inside looking out. CEPS Paperbacks. January 2014

Flexibility might be convenient when it comes to accommodating member states’ differing socio-economic and political interests in an expanding EU. Yet, opt-outs, enhanced cooperation and cooperation between member states outside the EU’s legal framework are calling into question the boundaries of this constitutional, institutional and legal differentiation in an EU that is founded on common principles, with a specific legal order and common institutions.