The Juncker Commission: A New Start for EU Justice and Home Affairs Policy? CEPS Essay No. 15, 18 September 2014

The team comprising Jean-Claude Juncker’s Commission was revealed on 10 September 2014: does it herald a new start for Justice and Home Affairs (JHA) cooperation in the EU? This essay outlines the main structural and thematic changes introduced by the new Commission, in particular those with direct or indirect relevance to EU JHA or the Area of Freedom, Security and Justice (AFSJ) policies. It also reflects on the new institutional configuration and what it means for the substantive work of the new Commission services and for their intra- and inter-institutional relations. The essay concludes with a set of proposed policy priorities for the new Commission.

War Crimes and Shifting Borders in the Middle East. CEPS Essay No. 14, 11 September 2014

The summer of 2014 saw an explosion of violence in the Middle East: Israel delivered a sledgehammer blow against Gaza, Lebanon was again the scene of terrorist onslaught, and the relentless war in Syria pushed the numbers of casualties and displaced people to record highs. In terms of geopolitical change, however, the advance of the ‘Islamic State’ and the emergence of a de facto independent Iraqi Kurdistan are the most important recent developments in the region. Common to all these conflicts are the levels of barbarity involved in this struggle for a place in the region’s security order.

The European Council’s Guidelines for the Area of Freedom, Security and Justice 2020: Subverting the ‘Lisbonisation’ of Justice and Home Affairs? CEPS Essay No. 13, 14 July 2014

In its Conclusions of 26-27 June 2014, the European Council has adopted the new “Strategic Guidelines for Legislative and Operational Planning for the coming years within the EU’s Area of Freedom, Security and Justice (AFSJ)”. These Guidelines reveal a pre-Lisbon Treaty mindset among the EU member states and the Justice and Home Affairs Council. This essay argues that the Guidelines are mainly driven by the interests and agendas of national Ministries of Interior and Justice and are only “strategic” to the extent that they aim at first, re-injecting ‘intergovernmentalism’ or bringing back the old EU Third Pillar ways of working to the new EU institutional setting of the AFSJ and second, at sidelining the EU Charter of Fundamental Rights and rule of law in the AFSJ. The paper argues that the European Council Guidelines seek to prevent the advances in Justice and Home Affairs cooperation as envisaged in the Treaty of Lisbon, particularly its emphasis on supranational democratic, legal and judicial accountability. As a consequence of this move to ‘de-Lisbonise’ JHA cooperation, fundamental rights and rule of law-related initiatives will be neglected and the interest of the individual will be displaced from the centre of gravity in the coming AFSJ 2020 policy agenda.

Struggling with an Opportunity: The first 10 years with the EU for Central Europe and the Baltics - A few lessons. CEPS Essay No. 12, 2 May 2014

In 2004, ten new members joined the European Union, radically reshaping its geography and governance characteristics. Earlier expectations predicted a more gradual process of accession – like a more gradual earlier evolution had been expected for the new European currency that had been adopted in 1999 by no less than 11 members. But these were the times of euro-enthusiasm. In their new CEPS Essay, Kálmán Mizsei and Ádám Kullmann offer some interesting and instructive insights from the experience in the newest member states following their accession 10 years ago for improving the effectiveness with which the EU structural and cohesion funds are spent.

From Subsidiarity to Better EU Governance: A Practical Reform Agenda for the EU. CEPS Essay No. 10, 8 April 2014

On 23 January 2014, a group of 73 member states’ officials and representatives from the European institutions and academia gathered at Clingendael Park in The Hague for a day-long seminar co-organised by the Netherlands Institute of International Relations and CEPS for the Ministry of Foreign Affairs of the Netherlands. The seminar’s aim was to discuss whether subsidiarity can offer a way forward that reconciles the need for better EU governance with concerns about legitimacy. This paper is based on subsidiarity literature, on preparatory talks with officials from member states and EU institutions and on the discussions in the seminar in The Hague. In particular, the paper explores the political and practical relevance of some of the ideas currently being considered to solidify the principle of subsidiarity in day-to-day decision-making. It maps the current political contours of subsidiarity as they appear in speeches and policy papers and presents some of the main ideas in the current debate on deepening subsidiarity.

Proportionality needed in the subsidiarity debate in the EU – Appraisal of the British and Dutch initiatives. CEPS Essay No. 11, 8 April 2014

In a new CEPS Essay, Michael Emerson assesses the initiatives taken by the UK and Dutch governments to cut out excessive EU regulatory intrusion, namely in the form of the ongoing British Balance of Competences Review and the Dutch list of 54 items of EU regulation that they would like to see repealed or reformed. He concludes that while one can approve of a campaign for better EU regulation and for cutting out unnecessary micro-regulation, it would require impressive commitment by all member states and the EU institutions to follow the best features of the British and Dutch leads for this to have a real effect in the fight against populist euroscepticism. In his view, that battle will have to be won primarily with bigger weapons – some combination of better macroeconomic results, bigger foreign policy achievements and the emergence of a European-level political leadership to which the people can relate. In short, there has to be due proportionality in the diagnosis of the responsibility of inadequate subsidiarity for the EU’s ills.

The G-20, five years on. CEPS Essay No. 9, 3 March 2014

Now is time to take stock of the G-20. Just over five years ago, during the free fall of the global financial crisis, representatives from 20 of the world’s leading economies agreed to gather twice a year in order to develop a more sustainable regulatory framework for financial institutions. In this CEPS Essay, Karel Lannoo highlights many signs of promise, for example, the group has agreed on a new framework for regulatory standards for each country’s most important financial institutions and tasked a Financial Stability Board (FSB) with monitoring adherence to them. At the same time,however, he notes that the G-20 has fallen short of some expectations and continues to show serious flaws.

After the Vilnius fiasco: Who is to blame? What is to be done? CEPS Essay No. 8, 21 January 2014

All three parties principally responsible for the Vilnius fiasco are to blame, each in their very different way: the EU for having drafted agreements with an inadequate balance between incentives and obligations, and vulnerable as a result to Putin’s aim to torpedo the whole process in favour of his misconceived Eurasian Union, while Yanukovich tried playing geo-political games that left him personally and the Ukrainian state as Putin’s hostage. It will require a major recalibration of policies to get this unstable new status quo back onto sound strategic lines, and proposals are advanced along three tracks in parallel: for rebuilding the remnants of the EU’s neighbourhood policy, for attempting to get Russia to take Lisbon to Vladivostok seriously, and for promoting a Greater Eurasia concept fit for the 21st century that would embrace the whole of the European and Asian landmass.

EU Democratic Legitimacy and National Parliaments. CEPS Essay No. 7, 25 November 2013

The role of national parliaments in the EU has been at the centre of a long debate. Since the Maastricht treaty, new powers to the EU level have been accompanied not only by an increasing role of the European Parliament (EP) in the legislative process, but also by a number of declarations and protocols to ensure that national parliaments received the information and documents required to effectively monitor their governments in EU affairs. The Lisbon Treaty extended the guarantees and also included new modes of direct participation. The proper use of the mechanisms in place, namely, the subsidiarity checks, the political dialogue with the Commission and the inter-parliamentary cooperation with the European Parliament, has become of vital importance in view of recent developments in EU economic policy and beyond. The choice for increasing inter-governmentalism in decision-making and the centralisation of the implementing and supervisory powers in the Commission and the Central Bank have raised questions about political accountability and the appropriate involvement of parliaments. However, the extent to which national parliaments should be more involved is also rather controversial. This essay examines the difficulty of defining and addressing the question of the democratic legitimacy in the EU. It examines the role of the national parliaments in the treaties and explores ways in which they can contribute to improving that legitimacy.

EU Borders and Their Controls: Preventing unwanted movement of people in Europe? CEPS Essay No. 6, 14 November 2013

his Essay attempts to take a step back from the tragic event in the first week of October 2013, when a boat capsized off the Italian island of Lampedusa and some 300 persons drowned seeking safe harbour. It sets out to examine the issue of EU border controls from the perspectives of the technologies, new and old, building on a variety of scholarly disciplines to understand what is happening to border controls on the movement of persons in the EU and why the results are so deadly. The Essay opens with an overview of what actually happens at the EU’s external borders. It then moves on to assess the old and new set of border control technologies that are deployed at the EU external borders, and how new technologies such as those based on automated controls and biometrics, are transforming the classical principles of European border controls. It then covers the reasons why people are refused admission at the EU’s external borders and the extent to which new border and surveillance technologies would assist in the effective controls in light of EU border law. Conclusions are finally offered on the articulation between the facts of EU border controls on persons and the claims and proposals for new technologies that are emerging from the EU institutions.

The Evolving Integration in East Asia - Too many reservations? CEPS Essay No. 5, 29 April 2013

East Asian economic integration is less well known in Europe than is desirable in the EU’s own enlightened self-interest. It is also badly understood, not least because a range of ‘soft’ cultural, historical and political aspects are insufficiently appreciated in Europe. This CEPS Essay offers a deeper personal reflection on the emergence and development of East Asian economic cooperation and market-driven integration. It attempts to address some of the lingering reservations on both sides and to render the reservations in East Asia more intelligible to Europeans.

On Political Union in Europe: The changing landscape of decisionmaking and political accountability. CEPS Essay No. 4, 21 February 2013

This essay discusses how recent developments have modified the existing allocation of tasks between the EU and national levels and the legitimising mechanisms in decision-making by the EU institutions. It examines in turn the increasing differentiation emerging in member states’ participation in EU policies and institutions, the changing configuration of executive powers and its relationship to the community method, the criteria governing the transfer of economic powers from the member states to the Union and the emerging democratic accountability and legitimising mechanisms before both the European and the national parliaments. Some main implications for the future of European institutions are summarised in the conclusions.

Cameron’s big speech on Europe – No, Prime Minister! CEPS Essay (No. 3), 31 January 2013

British Prime Minister David Cameron has clearly made the political assessment that he must appease the eurosceptics in his party with a plan for renegotiation and then an in-out referendum on the UK’s membership of the European Union. In the second of a series of analyses on the UK’s relationship with Europe, Michael Emerson considers the seven hazards of Cameron’s approach.

The Contents and Timing of a European Banking Union: Reflections on the differing views. CEPS Essay (No. 2), 30 November 2012

Although views differ on the precise contents and timing of a genuine banking union, there is wide political agreement in principle on the need for three basic and vital elements: European bank supervision, a European deposit guarantee scheme (DGS) and a European bank resolution mechanism. In this CEPS Essay, H. Onno Ruding offers his personal views on the progress achieved to date, the outstanding issues that will prove the most difficult to resolve and recommendations on the way forward.

The Political Logic of Disintegration: Seven Lessons from the Soviet Collapse. CEPS Essay (No. 1), September 2012

In short, the European Union, as we know it, no longer exists. The very foundations on which it was built are eroding. Shared memories of the Second World War have faded away – half the 15- and 16-year-olds in German high schools do not know that Hitler was a dictator, while a third believe that he protected human rights. The collapse of the Soviet Union has stripped away the geopolitical rationale for European unity. The democratic welfare state that was at the heart of the post-war political consensus is under siege by, among other things, sheer demographics. And the prosperity that bolstered the European project’s political legitimacy is vanishing. More than six out of ten Europeans believe that the lives of today’s children will be more difficult than those of people from their own generation. Against this background, how unthinkable is the EU’s disintegration? Should Europeans make the mistake of taking the Union for granted? Should they assume that the Union would not collapse because it should not collapse? Here, Europe’s capacity to learn from the Soviet precedent could play a crucial part. For the very survival of the EU may depend on its leaders’ ability to manage a similar mix of political, economic and psychological factors that were in play in the process of the Soviet collapse. The game of disintegration is primarily a political one driven much more by the perceptions and misperceptions of the political actors than simply by the constellation of the structural factors – institutional and economic.