The Triangular Relationship between Fundamental Rights, Democracy and the Rule of Law in the EU: Towards an EU Copenhagen Mechanism. CEPS Paperbacks. November 2013

This study examines the protection of fundamental rights, democracy and rule of law in the European Union, and the challenges that arise in reflecting on ways to strengthen EU competences in these contested terrains. It provides a ‘state of play’ and critical account of EU-level policy and legal mechanisms assessing the relationship between rule of law, democracy and fundamental rights in the member states of the Union. The cross-cutting challenges affecting their uses, effective implementation and practical operability constitute a central point of the analysis. The study argues that the relationship between rule of law, democracy and fundamental rights is co-constitutive. Any future rule of law-related policy discussion in the EU should start from an understanding of the triangular relationship between these dimensions from the perspective of ‘democratic rule of law with fundamental rights’, i.e. the legally based rule of a democratic state that delivers fundamental rights. The three criteria are inherently and indivisibly interconnected, and interdependent on each of the others, and they cannot be separated without inflicting profound damage to the whole and changing its essential shape and configuration.

Triangular Geopolitics in Europe’s Eastern Neighbourhood. CEPS Commentary, 2 December 2014

Over the last few months, Russia has employed a number of economic and security measures to derail the Deep and Comprehensive Free Trade Agreement (DCFTA) between the EU and Ukraine. Russia’s opposition to the Agreement was based on the argument that it would damage its economy and weaken its trade ties with Ukraine. Russia’s actions ultimately led to war in Ukraine, but did not succeed in reversing Ukraine’s EU integration policies; instead there are now trilateral negotiations between the EU, Ukraine and Russia on mere technical trade aspects of the DCFTA. The Kremlin is using similar rhetoric and, to some extent, similar coercive measures against the DCFTAs with Moldova and Georgia. But the small scale of Moldovan and Georgian trade with Russia is not a legitimate reason for the EU to replicate the Ukraine ‘trialogue’ on the DCFTAs in these countries. Instead, Moldova’s heavy dependence on Russia’s energy and the former’s transit role for the EU offers a greater possibility to set up trilateral negotiations, similar to the recently finalised gas trialogue between the EU, Ukraine and Russia.

European Union-Latin American relations in a turbulant era. Jean Monnet/Robert Schuman Paper Series Vol. 12, Special December 2012

From the Introduction. The mere mentioning of “the Trans-Atlantic Relationship” generates a standard interpretation. Customary understanding claims that it is supposed to deal with the links between Europe and the United States (moderately expanded to include Canada, a country taken for granted). This is a view shared both in Brussels and Washington. This geographical concept very rarely refers to include the role of Mexico, for example. This “relationship” is never understood as triangular, formed by three partners (United States/Canada, Europe and Latin America/Caribbean). A quadrangular format, including Africa, is contemplated only in a bilateral sense (usually when one of the important partners (the United States or Europe) is considered as a protagonist. In sum, “Atlantis” (as an entity shared by all) is as mysterious and difficult to grasp as the myth of antiquity, as a problem that this volume surely tries to grasp and analysis.

Rule of law or rule of thumb? A new Copenhagen mechanism for the EU. CEPS Policy Brief No. 303, 20 November 2013

This Policy Brief synthesises the main research findings and policy recommendations presented in the CEPS e-book entitled The Triangular Relationship between Fundamental Rights, Democracy and Rule of Law: Towards an EU Copenhagen Mechanism” (http://www.ceps.eu/book/triangular-relationship-between-fundamental-righ...). The authors examine the ways in which the European Union could strengthen and develop its competences in the assessment of member states’ fundamental rights, democracy and rule of law commitments. They argue that a strong political impetus is needed at Union level in order to set up a new supervisory “Copenhagen Mechanism” that would effectively and periodically evaluate member states’ compliance with democratic rule of law with fundamental rights on the basis of independent academic expertise, and by ensuring a high level of democratic accountability and judicial oversight at European levels. The Policy Brief also aims at summarising CEPS’ contribution to the upcoming Conference “Assises de la Justice: Shaping Justice Policies in Europe for the Years to Come” organised by the European Commission in Brussels on 21-22 November 2013.

A New Start for the EU’s Area of Freedom, Security and Justice? Setting of Priorities for the New European Commission. CEPS Commentary, 23 September 2014

The nomination of a First Vice-President (Frans Timmermans) in charge of rule of law and the EU Charter of Fundamental is one of the more far-reaching innovations contained in the new institutional shape of the Juncker Commission. This CEPS Commentary by Sergio Carrera and Elspeth Guild welcomes the fact that a new fundamental rights and rule of law First Vice-President will exercise a coordination and advisory role over the other two JHA Commissioners – Věra Jourová, responsible for Justice, Consumers and Gender Equality (DG Justice); and Dimitris Avramopoulos, responsible for Migration and Home Affairs (DG Home Affairs), but expresses a note caution whether this new role and triangular relationship can be made to work effectively in practice.

A Black Knight in the Eastern Neighbourhood? Russia and EU Democracy Promotion in Armenia and Moldova. EU Diplomacy Paper No. 7, October 2014

Europe’s peace and security are challenged by the events taking place in the Eastern Partnership region. Amid growing tensions between the European Union (EU) and Russia, the fate of countries in the common neighbourhood and their progress towards democracy are increasingly at stake. This paper tries to understand to what extent Russia is undermining EU democracy promotion in the Union’s eastern neighbourhood. By focusing on the cases of Armenia and Moldova, EU democracy promotion is analysed in light of the triangular relationship between the countries under scrutiny, the EU and Russia. It argues that domestic conditions and external pressures, linked through the filter of problems of ‘stateness’, are both crucial and mutually reinforcing for democratisation. The paper shows that Russia can undermine EU democracy promotion to the extent that it strengthens the aversion of domestic political forces to democracy-oriented reforms.