Fundamental Rights of workers in the Digital Age: A methodological approach from a case study. WP C.S.D.L.E. "Massimo D'Antona" .INT - 89/2011

The relationship between employer and worker is not only obligatory but above all, as Sinzheimer said, a ‘relationship of power’. In the Digital Age this statement is confirmed by the massive introduction of ICT in most of the companies that increase, in practice, employer’s supervisory powers. This is a worrying issue for two reasons: on one hand, ICT emerge as a new way to weaken the effectiveness of fundamental rights and the right to dignity of workers; and, on the other hand, Spanish legal system does not offer appropriate solutions to ensure that efficacy. Moreover, in a scenario characterized by a hybridization of legal systems models –in which traditional hard law methods are combined with soft law and self regulation instruments–, the role of our case law has become very important in this issue. Nevertheless, despite the increase of judicialization undergone, solutions offered by Courts are so different that do not give enough legal certainty. Facing this situation, I suggest a methodological approach –using Alchourron and Bulygin’s normative systems theory and Alexy’s fundamental rights theory– which can open new spaces of decision to legal operators in order to solve properly these problems. This proposal can allow setting a policy that guarantees fundamental rights of workers, deepening their human freedom in companies from the Esping-Andersen’s de-commodification perspective. With this purpose, I examine electronic communications in the company as a case study.

EEAS 2.0: Recommendations for the amendment of Council Decision 2010/427/EU on the European External Action Service. CEPS Special Report No. 78, 13 November 2013

This Special Report offers recommendations for the amendment of the Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service. Its purpose is to contribute, in practical legal terms, to the ongoing review of the Decision in 2013, as well as to the possible discussion on its revision that may take place in 2014. In particular, it sheds light on possible adjustments in the application of the Decision ‘à droit constant’, but also suggests potential alteration of its formulation.

The EU Special Representatives: A dying breed? CEPS Commentary

The recent decision by Baroness Ashton to end the mandate of a number of European Union Special Representatives (EUSRs) and her proposal to integrate these posts within the European External Action Service have raised concerns among member states. In the view of Erwan Fouéré, these developments underline the urgency of a more comprehensive and strategic discussion between Baroness Ashton and the member states on the future role of EUSRs in the EU's expanding foreign policy tool box.

To Be or Not to Be a Normative Power: The EU’s Promotion of Human Rights and Democracy in Russia. Bruges Regional Integration & Global Governance Papers 2/2013

The ‘Normative Power Europe’ debate has been a leitmotif in the academic discourse for over a decade. Far from being obsolete, the topic is as relevant as when the term was first coined by Ian Manners in 2002.1 ‘To be or not to be a normative power’ is certainly one of the existential dilemmas in the foreign policy of the European Union. This paper, however, intends to move beyond the black-and-white debate on whether the European Union is a normative power and to make it more nuanced by examining the factors that make it such. Contrary to the conventional perception that the European Union is a necessarily ‘benign’ force in the world, it assumes that it has aspirations to be a viable international actor. Consequently, it pursues different types of foreign policy behaviour with a varying degree of normativity in them. The paper addresses the question of under what conditions the European Union is a ‘normative power’. The findings of the study demonstrate that the ‘normative power’ of the European Union is conditioned upon internal and external elements, engaged in a complex interaction with a decisive role played by the often neglected external elements.

Europe and the World or Snow White and the Seven Fallacies. Egmont Paper No. 61, October 2013

None.

The State of Defence in Europe: State of Emergency? Egmont Paper No. 62, November 2013

None.

EEAS 2.0: A legal commentary on Council Decision 2010/427/EU establishing the organisation and functioning of the European External Action Service. CEPS Paperbacks. February 2013

This short and user-friendly legal commentary on the 2010 Council Decision establishing the organisation and functioning of the EEAS is the first of its kind. It is intended to inform those involved in the review process and to serve as a reference document for practitioners and analysts dealing with the EEAS. Rather than an elaborate doctrinal piece, this legal commentary is a textual and contextual analysis of each article that takes account of i) other relevant legal provisions (primary, secondary, international); ii) the process leading to the adoption of the 2010 Council Decision; iii) the preamble of the Council Decision and iv) insofar as it is possible at this stage, early implementation. Wherever relevant, cross-references to other provisions of the Council Decision have been made so as to tie in the different commentaries and ensure overall consistency.

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.

L'Union européenne face aux BRICS dans la gouvernance mondiale: Une réponse efficace? = The European Union facing the BRICS countries in world governance: an effective response? Bruges Regional Integration & Global Governance Paper 2/2014

Le présent travail se concentre sur deux principaux acteurs du monde en évolution, l'Union européenne (UE) et l'ensemble des pays BRICS, et le défi que posent collectivement ces derniers à la première sur la base de leurs poids économique et politique accrus dans le cadre de la gouvernance mondiale. On fait valoir que la doctrine d’un « multilatéralisme efficace » décrivant la position de l’UE sur la gouvernance mondiale est de plus en plus remise en cause par les BRICS dont l’approche repose sur un autre principe : celui d’un « multilatéralisme relationnel ». Afin de pouvoir analyser comment l’UE réagit à la confiance et la cohérence croissante des BRICS dans les instances internationales, ce travail examine la réponse de l’UE dans trois domaines de la gouvernance mondiale que sont le commerce, le changement climatique et la sécurité internationale. Ceci permet d’évaluer dans quelle mesure les différentes institutions européennes mettent en œuvre ce que ce travail qualifie de « réponse efficace » à la montée en puissance des BRICS. Au terme de l’analyse, cette étude s’attache à souligner que la réaction des institutions de l’UE à l'influence grandissante des BRICS sur la scène internationale ne peut être considérée comme efficace que dans le domaine du changement climatique.

Priorities for the Next Legislature: EU external action. CEPS Commentary, 29 September 2014

At a time when the European Union’s strategic and geopolitical environment is more troubled and unpredictable than it has been for decades, the European Council is calling for stronger EU engagement in international affairs. The rest of the rapidly changing world is not going to wait for the EU to get its act together to defend its own values and interests. This CEPS Commentary sets out four priorities for High Representative/Vice-President-designate Federica Mogherini as she takes up her role as leader of the European External Action Service and the next 'RELEX' Group of Commissioners.

Why the EU must reengage with Turkey. EPC Commentary, 29 September 2014

Democratic values and basic rights in Turkey are hanging by a thread. Over the past eighteen months the rule of law, civil liberties and freedoms have been eroded which has left many Turks anxious over the direction in which their country is heading. With Turkey’s accession negotiations de facto frozen, the EU finds itself with little leverage over Ankara. Calls of concern have fallen on deaf ears as Turkey’s leadership has become increasingly belligerent, with its EU related narrative overflowing with resentment. Because Turkey’s accession negotiations are irreversibly intertwined with Turkey-EU cooperation in other areas, this has had a negative impact on the broader relationship between both sides. Recent examples include the issue of foreign fighters traveling from Europe to Syria via Turkey. Each side has accused the other of not doing enough to stem the flow. Likewise, following the decision of Russian President, Vladimir Putin, to ban the import of agricultural goods from countries that have placed sanctions on Moscow, the EU asked Turkey to demonstrate solidarity, as a “candidate country”, and not to increase exports of agricultural products to Russia. Turkey rejected this request and is reportedly working on strengthening trade ties with Moscow. Turkey remains an important partner in a number of key areas including trade, energy, foreign and security policy and migration. At a time when the EU faces crises in both its Eastern and Southern neighbourhoods, a reliable and predictable Turkey, with which it can cooperate in the Black Sea and Middle East neighbourhoods is crucial. Hence the vision and plans of the EU’s new leadership, in particular new Foreign Policy Chief, Federica Mogherini, and Commissioner for European Neighbourhood Policy and Enlargement Negotiations, Johannes Hahn, how to shape relations with Ankara is particularly significant. The Union’s current policy is counterproductive and is further eroding trust and cooperation rather than enhancing it. It needs to be turned around.

The Putin doctrine: The formation of a conceptual framework for Russian dominance in the post-Soviet area. OSW Commentary No. 131, 28.03.2014

The statements made in recent weeks by Russian officials, and especially President Vladimir Putin, in connection with Moscow’s policy towards Ukraine, may suggest that the emergence of a certain doctrine of Russian foreign and security policy is at hand, especially in relation to the post-Soviet area. Most of the arguments at the core of this doctrine are not new, but recently they have been formulated more openly and in more radical terms. Those arguments concern the role of Russia as the defender of Russian-speaking communities abroad and the guarantor of their rights, as well as specifically understood good neighbourly relations (meaning in fact limited sovereignty) as a precondition that must be met in order for Moscow to recognise the independence and territorial integrity of post-Soviet states. However, the new doctrine also includes arguments which have not been raised before, or have hitherto only been formulated on rare occasions, and which may indicate the future evolution of Russia’s policy. Specifically, this refers to Russia’s use of extralegal categories, such as national interest, truth and justice, to justify its policy, and its recognition of military force as a legitimate instrument to defend its compatriots abroad. This doctrine is effectively an outline of the conceptual foundation for Russian dominance in the post-Soviet area. It offers a justification for the efforts to restore the unity of the ‘Russian nation’ (or more broadly, the Russian-speaking community), within a bloc pursuing close integration (the Eurasian Economic Union), or even within a single state encompassing at least parts of that area. As such, it poses a challenge for the West, which Moscow sees as the main opponent of Russia’s plans to build a new order in Europe (Eurasia) that would undermine the post-Cold War order.

Bundeswehr 3.0: The political, military and social dimensions of the reform of the German armed forces. OSW Point of View Number 28, May 2012

This reform of the Bundeswehr, launched in 2011, is the latest of the three decisive stages in the post-war transformation of the German armed forces. The reform aims at “constructing” the armed forces anew in the political, military and social dimensions.The present paper presents the evolution of the role of the armed forces in German foreign and security policy and the ongoing process of “constructing” a new Bundeswehr. It analyses the process of redefining the objectives and principles of: the Bundeswehr’s participation in international operations, its current military transformation, and changes in its image and social identity. It also presents the implications of this broader transformation for political and military.

Closing the gap? Military co-operation from the Baltic Sea to the Black Sea. OSW Report, December 2012

The contracting defence budgets in Europe, the difficulties in developing the EU’s security policy, NATO's transformation, the reorientation of US security policy and the problems experienced by European defence industries – all together have in recent years created an increased interest in political, military and military-technological co-operation in Europe.It has manifested itself in concepts of closer co-operation within NATO and the EU (smart defence and pooling&sharing), bilateral and multilateral initiatives outside the structures of NATO and the EU (such as the Nordic Defence Co-operation or the Franco-British co-operation) and debates about the prerequisites, principles and objectives of bilateral, multilateral and regional security and defence co-operation. The present report aims to analyse the potential for security and defence co-operation among selected countries in the area between the Baltic Sea and the Black Sea, i.e. the Nordic states (Denmark, Finland, Norway and Sweden), the Baltic states (Lithuania Latvia and Estonia), Poland's partners in the Visegrad Group (the Czech Republic, Hungary and Slovakia) as well as Romania and Bulgaria. The authors were guided by the assumption that those states are Poland's natural partners for closer regional military co-operation. It may complement ‘the Western’ direction of Poland's security and defence policy, i.e. relations with the partners from the Weimar Triangle and the US. Its goal is not to replace the existing security structures but rather to strengthen military capabilities in the region within NATO and the EU.

Russia's interest in the Mistral: the political and military aspects. OSW Commentary No. 41, 2010-10-11

The negotiations over Russia’s purchase of French Mistral-class multipurpose assault ships, which were intensified in 2010, have gained a significant political dimension. The prospects of such a spectacular acquisition of large and expensive assault ships from one of NATO’s member states are being used by Russia to demonstrate that it has opened a new stage of relations with Western Europe. Paris has welcomed Russia’s desire to embark on military cooperation; for France, the Mistral deal has become a convenient tool to prove that relations with Russia are becoming increasingly normal, and that Russia poses no threat to the European security.