Necessary desirability: The inherent contradiction in the European system. EuropEos Commentary No. 11, 9 June 2011

In all political systems there is a gap between the rhetoric of electoral programmes and the practical work of institutions, argues author Riccardo Perissich, but the ‘vision thing’ is often a necessary prerequisite to reaching difficult decisions. When it comes to European institutions, which include the member states acting collectively, the desirable vision – the goal of European unity – has always been there and is still very much alive. Also, the existence of a broadly defined political goal has often facilitated agreements that were in fact purely necessary. However, because we lack a pan-European constituency to debate it, the narrative about this goal has been translated into different languages and is all but common. In fact, we have never seriously tried to unify it. Indeed, Europeans stopped debating what is desirable a long time ago: they simply react to events.

Can the new refugee relocation system work? Perils in the Dublin logic and flawed reception conditions in the EU. CEPS Policy Brief No. 332, October 2015 Thursday, 1 October 2015

This Policy Brief argues that the newly adopted EU temporary relocation (quota) system constitutes a welcome yet timid step forward in addressing a number of central controversies of the current refugee debate in Europe. Two main challenges affect the effective operability of the new EU relocation model. First, EU member states’ asylum systems show profound (on-the-ground) weaknesses in reception conditions and judicial/administrative capacities. These prevent a fair and humane processing of asylum applications. EU states are not implementing the common standards enshrined in the EU reception conditions Directive 2013/33. Second, the new relocation system constitutes a move away from the much-criticised Dublin system, but it is still anchored to its premises. The Dublin system is driven by an unfair and unsustainable rule according to which the first EU state of entry is responsible for assessing asylum applications. It does not properly consider the personal, private and family circumstances or the preferences of asylum-seekers. Policy Recommendations In order to respond to these challenges, the Policy Brief offers the following policy recommendations: The EU should strengthen and better enforce member states’ reception capacities, abolish the current Dublin system rule of allocation of responsibility and expand the new relocation distribution criteria to include in the assessment (as far as possible) asylum-seekers’ preferences and personal/family links to EU member states. EU member countries should give priority to boosting their current and forward-looking administrative and judicial capacities to deal and welcome asylum applications. The EU should establish a permanent common European border and asylum service focused on ensuring the highest standards through stable operational support, institutional solidarity across all EU external borders and the practical implementation of new distribution relocation criteria.

Impact of the Decarbonisation of the Energy System on Employment in Europe. CEPS Special Report No. 82, February 2014

This paper presents a methodology for calculating the potential impact of the new socio-ecological transition away from fossil fuels on employment in EU energy supply. The methodology is based on “employment factors” (i.e. labour intensities) of different energy technologies. These employment factors are applied to changing energy mixes as projected by the decarbonisation scenarios of the European Commission’s Energy Roadmap 2050. In particular, we analyse quantitative (number of jobs) and qualitative (qualification levels) impacts on employment in extraction and processing of primary (fossil) fuels and in the power sector for the years 2020, 2030 and 2050. The results show that the energy sector will provide not only more jobs as the new socio-ecological transition unfolds, but also jobs requiring higher-level qualifications when compared with the current energy sector.

‘Wrong number?’ The Use and Misuse of Asylum Data in the European Union. CEPS Paper in Liberty and Security in Europe No. 69/December 2014

The Common European Asylum System (CEAS) is an EU policy area that is particularly evocative of the ‘politics of numbers’. The European Union has at its disposal a wide array of sources providing detailed information about the capacities and pressures of its member states’ asylum systems. This paper discusses the content of asylum data and the evolving interaction between its different sources, ranging from the United Nations High Commissioner for Refugees to the European Commission’s EUROSTAT and DG HOME, the European Asylum Support Office, FRONTEX, the European Migration Network (EMN) and national databases. However, the way in which such data are often misused, or even omitted, in political debate affects the soundness of policy decisions in the CEAS. Drawing on debates over the contested phenomenon of ‘asylum shopping’ and the exemption of victims of torture and unaccompanied minors from accelerated and border procedures in the recast asylum procedures Directive, this briefing paper argues that solid data-based evidence is often absent from political negotiations on CEAS measures affecting refugees and asylum-seekers.

Answering the Call of the European Court of Justice in Eurofoods a Proposed Package of Due Process Rights with a View Toward the 2012 Revision of the European Insolvency Regulation. IES WORKING PAPER 3/2011

This paper anticipates the 2012 revision of the European Insolvency Regulation, which is the sole Union legislation on the subject of cross border insolvency proceedings. The paper first describes the historical background of the Regulation. The salient point of the historical discussion is that the Regulation is the product of forty years of negotiation and arises from a historical context that is no longer applicable to current economic realities, i.e. it provides for liquidation, not reorganization, it doesn’t deal with cross border groups of companies, and it lacks an effective mechanism for transparency and creditor participation. The paper then reviews the unique hybrid jurisdictional system of concurrent universal and territorial proceedings that the Regulation imposes. It looks at this scheme from a practical viewpoint, i.e. what issues arise with concurrent proceedings in two states, involving the same assets, the same creditors, and the same company. The paper then focuses on a significant issue raised by the European Court of Justice in the Eurofoods case, i.e. the need to comply with fundamental due process principles that, while not articulated in the Regulation, lie at the core of Union law. Specifically, the paper considers the ramifications of the Court’s holding that “a Member State may refuse to recognize insolvency proceedings opened in another Member State where the decision to open the proceedings was taken in flagrant breach of the fundamental right to be heard.” In response to the Court’s direction, this paper proposes a package of due process rights, consisting principally of an accessible, efficient and useful insolvency database, the infrastructure of which already exists, but the content and use of which has not yet been developed. As part of a cohesive three part due process package, the paper also proposes the formation of cross border creditors' committees and the establishment of a European Insolvency Administrator. Finally, on the institutional level, this paper proposes that the revision of the Regulation and the development of the insolvency database not only need to be coordinated, but need to be conceptualized, managed and undertaken, not as the separate efforts of diverse institutions, but as a single, unified endeavor.

Institutional Moral Hazard in the Multi-tiered Regulation of Unemployment and Social Assistance Benefits. CEPS Special Report No. 137/April 2016 Wednesday, 27 April 2016

This paper studies eight countries in which the regulation of unemployment benefits and related benefits and the concomitant activation of unemployed individuals has a multi-tiered architecture. It assesses their experiences and tries to understand possible problems of ‘institutional moral hazard’ that may emerge in the context of a hypothetical European Unemployment Benefit Scheme.