"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

Road to Proscription: The EU and Hezbollah since the Arab Spring. EU Diplomacy Paper 07/2013

The European Union (EU) has traditionally taken a rather nuanced view of the activities of Hezbollah. Despite historic links to violent activity, Europe always remained reluctant to place the Lebanese militant group on its list of terrorist organisations. Internal divergences among member states, as well as the strategic-realist goals of the EU in both Lebanon and the Middle East more generally meant that such a listing never materialised. This remained the case even in the initial turmoil following the Arab uprisings, when Hezbollah’s relatively moderating objectives were viewed as a force for stability. However, the EU shifted policy in July 2013 by listing the military wing of Hezbollah as a terrorist entity. This paper will investigate the reasons behind this decision, as well as the likely implications and effectiveness of the new policy. Two principal catalysts were behind the decision. The first was a Hezbollah-linked bombing in Bulgaria which provided the focal point around which a consensus of the EU member states could emerge in the Council. Secondly, the escalation both of the Syrian conflict and Hezbollah’s role in it provided a more political and strategic impetus for the decision. This paper maintains that although a change in policy was somewhat necessary, it is questionable whether the artificial separation of Hezbollah’s political and military wings and the symbolic proscription of the latter is the most propitious choice to achieve European objectives.

An Arab Springboard for EU Foreign Policy? CEPS Paperbacks. January 2012

The EU has not been perceived as reacting very rapidly or effectively to the so-called Arab Spring. Events do appear to validate the idea underpinning the European Security Strategy (ESS) and the European Neighbourhood Policy (ENP): only where governments guarantee to their citizens security, prosperity, freedom and equality, can peace and stability last – otherwise, people will revolt. But in practice, in its southern neighbourhood the EU has acted in precisely the opposite manner, so the Arab Spring is occurring in spite of rather than thanks to EU policy. The ENP stands at a crossroads therefore: Can a new start be made? Which instruments and, in times of austerity, which means can the EU apply to consolidate democratization? And, finally, can the EU continue to wage an ENP without addressing the hard security dimension, especially as the US seem to be withdrawing from crisis management in the region – or shall it continue to leave that to others?

spotlight europe # 2014/01 — Februar 2014 - Nordafrika zwischen Krise und Konsens = North Africa between crisis and consensus

No abstract.

spotlight europe # 2014/01 — February 2014: North Africa - Crisis and Consensus

The Arabellion is now in its fourth year. There is more freedom today, but less security. There are far more opportunities, but fewer jobs. And there is a patchwork of conflicts. In many places though the Arab world is tentatively moving towards democracy and the social market economy. Although there have been some difficulties along the way, European assistance for the transformation process is moving in the right direction. Still, the EU could certainly do more on the political level.

Shaping the emerging consensus on Syria. CEPS Commentaries, 26 February 2014

Notwithstanding the failure on February 15th of the second round of the Geneva II talks on Syria, Luigi Scazzieri and Steven Blockmans take note in this CEPS commentary of several welcome signs that the international community as a whole is starting to move in a more coordinated manner on the Syrian peace process.

The EU's Use of 'Targeted' Sanctions: Evaluating effectiveness. CEPS Working Document No. 391, March 2014

This study analyses the use by the European Union of the novel concept of ‘targeted sanctions’ in the framework of its Common Foreign and Security Policy. It examines two sets of sanctions regimes featuring different degrees of efficacy: in Myanmar and Zimbabwe, the EU wielded measures in support of human rights and democracy objectives in the absence of a United Nations mandate, while it supplemented UN sanctions to stop nuclear proliferation in Iran and North Korea. The study highlights a number of facilitators of, or hindrances to, the efficacy of sanctions, such as the degree of support by regional powers or the presence of UN legitimation. It concludes that the EU sanctions regimes could be optimised by using more robust measures, designing them on the basis of ex ante assessments, enabling faster upgrades, monitoring their impact and adjusting them regularly and improving outreach efforts.

Can Ukraine be saved at this 11th hour? CEPS Commentary, 2 May 2014

With Ukraine disintegrating before our eyes, Michael Emerson calls for the EU to convene again the Geneva Quad with the utmost urgency, and proposes a peacekeeping operation by a jointly flagged tripartite brigade of Ukrainian, EU and Russian troops and police to clean up the Maidan in Kyiv, moving on into Donetsk and Lugansk. This short-term action should also have long-term consequences for the European order, if it initiated a switch by the EU and Russia into a cooperative mode over their common neighbourhood.

The Case for EU Police Mission Ukraine. CEPS Commentary, 14 May 2014

The EU appears to be out of its depth as a geopolitical actor trying to deal with the crisis in Ukraine. In this new CEPS Commentary, Steven Blockmans and Daniel Gros argue that the EU should concentrate on what really matters now: namely, preventing any further escalation of the conflict by sending a substantial stabilisation force to the areas that have so far remained relatively calm.

Macedonia: Illiberal democracy. CEPS Commentary, 16 May 2014

The recent presidential and early parliamentary elections in Macedonia are only one illustration of the country’s long-term political condition: illiberal democracy. What is needed is a re-think of the instruments and the manner in which major international actors could and should foster constitutional liberalism in Macedonia. While recognising that the primary and essential responsibility lies with Macedonians themselves, the author calls for support to establish the Macedonian state’s capacity for the legitimate exercise of power.

Europe, wake up! CEPS Commentary, 21 July 2014

Following the wanton downing of a civilian aircraft by Russian-backed separatists in Ukraine and Israel’s ground offensive in Gaza, Karel Lannoo takes the EU to task for reverting to its usual ostrich-like behaviour in the face of threats to the security and stability of the entire continent. With the entry into force of the Treaty of Lisbon, he argues that the European Union, as representative of its 28 member states, should be capable of acting far more forcefully in both of these conflicts than its individual member states, but regrettably the EU has so far remained on the sidelines.

Ukraine, Russia and the need for more flexibility in EU foreign policy-making. CEPS Policy Brief No. 320, 25 July 2014

After the illegal annexation of Crimea and Russia’s indirect responsibility for the downing of Malaysia Airlines flight MH17 in eastern Ukraine, Steven Blockmans asks what it will take before the EU is able to confront a conflict on its borders and prove to both its own citizens and third countries that it has a meaningful role to play in foreign policy. With numerous competing national interests and some member states unwilling to pay different prices for collective action, any sector-wide EU sanctions are likely to lack serious bite. In an effort to paper over the cracks, the author makes a number of recommendations for policy-makers.

A European sanctions compensation fund? CEPS Commentary, 12 August 2014

Daniel Gros explores in a new CEPS Commentary the feasibility of creating a common fund to provide compensation for the economic costs of sanctions as an integral part of the EU’s foreign-policy stance that is now emerging towards Russia, albeit slowly and painfully.

How should the EU respond to Russia's war in Ukraine? CEPS Commentary, 3 September 2014

President Putin has chosen to escalate the conflict in south-eastern Ukraine, thereby ignoring both the sanctions and the diplomatic advances of the EU and its partners in response to Russia’s belligerence towards its neighbour over the last six months. Ahead of the NATO Summit in Wales on September 4-5, calls are growing for EU member states to provide arms and more intelligence to Ukraine’s beleaguered army. But it is far from certain that the EU will summon up the collective courage to do so. Beyond sanctions, what other options does the EU have to alter the Kremlin’s calculus?

The future of human rights protection in the new Libya: prospects and challenges. Jean Monnet Occasional Paper No. 6/2014

There is no doubt that demand for the respect of human rights was one of the factors behind the Arab Spring and Libya is no exception. Four decades of absolute dictatorship headed by Muammar Gaddafi had been further tainted with gross violations of human rights of Libyan citizens and restrictions on their basic freedoms. Before the revolution, Libya was a country where no political parties were allowed. Freedom of expression and the press were extremely restricted. Reports about the country’s human rights violations published by a number of international organizations documented large scale human rights abuses at the hands of the Gaddafi regime. The 17 February 2011 revolution in Libya led to a turning point in the country’s history. The regime of Muammar Gaddafi which had dominated the country since 1969 eventually collapsed, leading to the beginning of the painful task of reconciliation and state building. Nonetheless it is estimated that more than 7000 prisoners are held captive by various militias and armed groups without due process. This in addition to thousands of internally displaced persons. State building involves the consolidation of a democratic state based on a democratic constitution. In 2011, a constitutional declaration was adopted to replace the one that had been in effect since 1969. This was intended as a stop-gap solution to allow the new political forces unleashed in the country time to write a new democratic constitution. To help consolidate the democratic state, three elements are required: that human rights be placed at its core; that these rights are truly implemented and applied; and lastly that the independence of the judiciary is safeguarded. For all this to happen it is also essential to strengthen education on human rights by encouraging non-governmental organizations to take a stronger role in promoting human rights. Libyan citizens can only avail themselves of these rights and strengthen their implementation if they know what they are and how they can benefit from their implementation