The EU and its Counter-Terrorism Policies after the Paris Attacks. Liberty and Security in Europe No. 84, 27 November 2015

This paper examines the EU’s counter-terrorism policies responding to the Paris attacks of 13 November 2015. It argues that these events call for a re-think of the current information-sharing and preventive-justice model guiding the EU’s counter-terrorism tools, along with security agencies such as Europol and Eurojust. Priority should be given to independently evaluating ‘what has worked’ and ‘what has not’ when it comes to police and criminal justice cooperation in the Union. Current EU counter-terrorism policies face two challenges: one is related to their efficiency and other concerns their legality. ‘More data’ without the necessary human resources, more effective cross-border operational cooperation and more trust between the law enforcement authorities of EU member states is not an efficient policy response. Large-scale surveillance and preventive justice techniques are also incompatible with the legal and judicial standards developed by the Court of Justice of the EU. The EU can bring further added value first, by boosting traditional policing and criminal justice cooperation to fight terrorism; second, by re-directing EU agencies’ competences towards more coordination and support in cross-border operational cooperation and joint investigations, subject to greater accountability checks (Europol and Eurojust +); and third, by improving the use of policy measures following a criminal justice-led cooperation model focused on improving cross-border joint investigations and the use of information that meets the quality standards of ‘evidence’ in criminal judicial proceedings. Any EU and national counter-terrorism policies must not undermine democratic rule of law, fundamental rights or the EU’s founding constitutional principles, such as the free movement of persons and the Schengen system. Otherwise, these policies will defeat their purpose by generating more insecurity, instability, mistrust and legal uncertainty for all.

The EU’s Response to the Refugee Crisis: Taking Stock and Setting Policy Priorities. CEPS Essay No. 20, 16 December 2015

What have been the most important EU policy and legal responses to the 2015 refugee crisis? Is Europe taking effectively responsibility in compliance with its founding principles? This Essay takes stock of the main results and policy outputs from the EU’s interventions in the refugee crisis. It critically highlights the outstanding policy dilemmas confronting the adopted instruments and puts forwards a set of policy priorities to guide the next phases of the European Agenda on Migration.

What is happening to the Schengen borders? CEPS Liberty and Security in Europe No. 86, December 2015

What is happening to the Schengen borders? Is Schengen in ‘crisis’? This paper examines the state of play in the Schengen system in light of the developments during 2015. It critically examines the assertion that Schengen is ‘in crisis’ and seeks to set the record straight on what has been happening to the intra-Schengen border-free and common external borders system. The paper argues that Schengen is here to stay and that reports about the reintroduction of internal border checks are exaggerated as they are in full compliance with the EU rule of law model laid down in the Schengen Borders Code and subject to scrutiny by the European Commission. It also examines the legal challenges inherent to police checks within the internal border areas as having an equivalent effect to border checks as well as the newly adopted proposal for a European Border and Coast Guard system. The analysis shows that the most far-reaching challenge to the current and future configurations of EU border policies relates to ensuring that they are in full compliance with fundamental human rights obligations to refugees, effective accountability and independent monitoring of the implementation of EU legal standards. This should be accompanied by a transparent and informed discussion on which ‘Schengen’ and which 'common European Border and Coast Guard Agency' we exactly want within current democratic rule of law and fundamental rights remits.

Rethinking Migration Distribution in the EU: Shall we start with the facts? CEPS Essay 23/22 January 2016

Sound policy-making about migration –how to distribute responsibility for asylum seekers, how to deal with the issue of secondary movement (when asylum seekers move from one state to another within the EU) and whether migrants are welcome or not – needs to be based on solid evidence. On 16 November 2015, EUROSTAT published comprehensive statistics on the issue of first-residence permits by member states. This CEPS Essay closely examines these data and reports some surprising findings, some of which vary considerably from the impression promoted by the European media.

Irregular Migration, Trafficking and Smuggling of Human Beings: Policy Dilemmas in the EU. CEPS Paperback, 22 February 2016

The expert contributors to this edited volume, representing a multidisciplinary selection of academics, examine the treatment of irregular migration, human trafficking and smuggling in EU law and policy. The various chapters explore the policy dilemmas encountered in efforts to criminalise irregular migration and humanitarian assistance to irregular immigrants. The book aims to provide academic input to informed policy-making in the next phase of the European Agenda on Migration. In his Foreword, Matthias Ruete, Director General of DG Home Affairs of the European Commission, writes: “This initiative aims to stimulate evidence-based policy-making and to bring fresh thinking to develop more effective policies. The European Commission welcomes the valuable contribution of this initiative to help close the wide gap in our knowledge about the smuggling of migrants, and especially the functioning of smuggling networks.”

EU-Turkey plan for handling refugees is fraught with legal and procedural challenges. CEPS Commentary, 10 March 2016

EU-Turkey relations in the scope of the ongoing refugee crisis were at the heart of the European Council meeting of 7 March 2016. Among the set of initiatives proposed, the following two have attracted the most attention: First, for every Syrian readmitted by Turkey from the Greek islands, another Syrian from Turkey would be resettled in an EU member state. This has come to be known as the ‘one for one’ resettlement approach. Second, all new irregular migrants and asylum-seekers crossing from Turkey to the Greek islands would be returned to Turkey without offering any guarantee of protection.

The EU and the 2016 Terrorist Attacks in Brussels: Better instead of more information sharing. CEPS Commentary, 6 April 2016

The Brussels terrorist attacks of 22 March 2016 provoked widespread political condemnation and public outrage. The events have brought to the fore past discussions regarding the limits of member states’ counterterrorism policies and the extent to which the EU could play a role in shaping more effective responses to these acts of violence.

An EU mechanism on Democracy, the Rule of Law and Fundamental Rights. CEPS Paper in Liberty and Security in Europe No. 91/April 2016 Thursday, 21 April 2016

The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession. EU history proved that this ‘Copenhagen dilemma’ was far from theoretical. EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Violations may happen in individual cases, or in a systemic way, which may go as far as overthrowing the rule of law. Against this background the European Parliament initiated a Legislative Own-Initiative Report on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights and proposed among others a Scoreboard on the basis of common and objective indicators by which foundational values can be measured. This Research Paper assesses the need and possibilities for the establishment of an EU Scoreboard, as well as its related social, economic, legal and political ‘costs and benefits’.

Rethinking asylum distribution in the EU: Shall we start with the facts? CEPS Commentary, 17 June 2016

Ten months of what has alternatively been called a "refugee crisis", a "migrant crisis" and a "migrant and asylum crisis" in the EU has fuelled an exceptionally vivid discussion about statistics. All member states are required to provide Eurostat, the EU’s statistical agency, with data on immigration and asylum in accordance with a regulation that sets out clear and concise rules on what data must be submitted.[1] The purpose of the regulation is to ensure that the data on migration and asylum the member states provide to Eurostat for publication is comparable across all EU countries.

An Analysis of the Schengen Area in the Wake of Recent Developments. 30 June 2016. CEPS researchers’ work published externally

This study, commissioned by the European Parliament’s Policy Department for Citizen’s Rights and Constitutional Affairs at the request of the LIBE Committee, analyses the Schengen area in the wake of the European ‘refugee crisis’ and other recent developments. With several Member States reintroducing temporary internal border controls over recent months, the study assesses compliance with the Schengen governance framework in this context. Despite suggestions that the end of Schengen is nigh or arguments that there is a need to get ‘back to Schengen’, the research demonstrates that Schengen is alive and well and that border controls have, at least formally, complied with the legal framework. Nonetheless, better monitoring and democratic accountability are necessary.

Explicación histórica, socialismo y democracia : La trayectoria de Juan Carlos Portantiero

Uno de los objetivos de este artículo es reconstruir la trayectoria intelectual de Juan Carlos Portantiero en torno a un conjunto limitado de sus intereses: el socialismo y la democracia, en su relación, no por separado, a la vez que ello se vincula con la articulación de una estrategia de explicación histórica y sociológica. La otra veta del artículo analiza las relaciones entre culturas políticas y ciencia social, en particular la cultura de izquierdas y el desarrollo de las ciencias sociales en América Latina. Ello se ha realizado sobre la base de una lectura de casi toda su producción intelectual, tratando de rastrear y mostrar algunas continuidades y cambios o desplazamientos en sus ideas y preocupaciones. Se muestra que Portantiero elabora una estrategia de explicación social sobre la base de Marx, Lenin, Gramsci, Mao hasta fines de los setenta, preocupado por la socialización del poder y, entonces, de la economía. Las dos últimas décadas se concentra en la construcción de las condiciones de consolidación de la democracia, pensada como un régimen que incluya reconocimiento de minorías y funcione para reducir los monopolios económicos y políticos.

Campañas de prensa; los consulados mexicanos.--Sócialismo,

Mode of access: Internet.

Cartas europeas / Enrique Dickmann.

"Escritas en forma de correspondencia para el diario socialista 'La Vanguardia' de Buenos Aires."

Education reform; being the report of the Education Reform Council.

William Garnett, chairman.

Democracia y socialismo.

Mode of access: Internet.