Foreign policy at the service of modernisation: old wine in a new wineskin. OSW Commentary No. 39, 2010-08-31

Russia’s contacts with the external world over the past year have been characterised by a gradual improvement in its relations with the West, as well as the use of non-confrontational rhetoric, the most far-reaching example of which was the address President Dmitri Medvedev gave to Russian ambassadors this July. In an attempt to harmonise foreign policy with the widely propagated programme for the modernisation of Russia1 President Medvedev presented a vision of the Russian Federation as a responsible global power which is open to co-operation. According to this vision, Russian foreign policy would help to attract foreign investments and technologies. The West was presented as a partner, not a rival. Both this rhetoric and the atmosphere of co-operation in relations with the USA and the EU contrast with the assertive and aggressive Russian policy which was symbolised by and culminated in the Russian-Georgian conflict of 2008. The changes observed in Russian foreign policy are quite limited, and are not constructing a new external strategy. Those changes are rather an attempt to find more efficient ways to implement old strategic goals. The new image of a responsible global power is inconsistent, and Russian policy is still assertive and geopolitically motivated. Although a new rhetoric is really in place, the Russian political elite’s perception of their country’s place and role in the contemporary international order remains unchanged. Moscow’s readiness to become engaged in genuine co-operation with the West has not increased significantly; it is still to a great extent declarative in nature.

National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges. CEPS Liberty and Security in Europe No. 78/January 2015

This study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights- and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily. The study argues that national and transnational intelligence community practices and cooperation need to be subject to more independent and effective judicial accountability and be brought into line with EU 'rule of law' standards.