Can Spain break the curse of the periphery? The upcoming Spanish election and what it means for Europe. CEPS Essay No. 24, May 2016

In this CEPS Essay, Miroslav Beblavý takes stock of the changing situation in Spanish politics one month before the early elections, which are expected to take place on June 26th in the hope that a new government can finally be formed. He finds that in both in politics and in economics, Spain resides at an immensely important inflection point situated between the European periphery and its core.

Austria’s thrilling elections will have far-reaching impact on political developments in the EU. EPIN Commentary No. 32, May 2016

After a passionate two-day election, Alexander Van Der Bellen (supported by the Greens) narrowly defeated his far-right wing opponent, Norbert Hofer (Freedom Party of Austria or FPÖ), thereby becoming Austria’s new President (50.3% vs 49.7%). Notably, the ecologist candidate only managed to win thanks to the postal votes counted on the day after the polls closed, whereas anti-EU Hofer was still leading by some 144,000 votes on the previous evening. Such a narrow defeat is likely to have long-term implications for Austrian and European politics.

Information Guide: The Brexit Debate

A guide to information sources on the 'Brexit Debate' in the United Kingdom - the decision to hold a referendum in the United Kingdom on the 23 June 2016 as to whether the country should remain or leave the European Union. The guide is a structured listing of information sources from the EU, the UK government, UK Parliament, the main campaigning groups, think tanks, news sources and other sources on this important topic. Note that the images within the guide are all hyperlinks to the full text of the sources. The guides is being constantly updated during 2016.

Brexit: a new beginning for the EU or the beginning of the end? EPC Commentary, 24 June 2016

Despite all the evidence presented by a range of respected figures and institutions, and the paucity of the arguments on the Brexit side, which failed to set out the alternative to EU membership, the emotional appeal for ‘independence’ has won. This is a bad day for Europe. The Bremain campaign has not connected with enough voters, with the perceived need to limit migration, the wish to make decisions independent of the EU and a vote against ‘the establishment’ all seemingly playing a role.

Europe: a question of survival. EPC Commentary, 27 June 2016

The choice of the United Kingdom to leave the European Union (EU) poses a fundamental question that can no longer be avoided – that of the survival of European integration. Chancellor Merkel rightly defined Brexit as a “watershed” moment for Europe. She omitted, however, that beyond this turning point lies the crossroads between a spiral of political and economic disintegration and the very difficult path towards re-asserting the European project.

Estrangement Day: The implications of Brexit for the EU. CEPS Commentary, 27 June 2016

In a post-imperial burst to define the boundaries of its sovereignty, Britannia is ruling the waves again, albeit in the form of air time devoted to the fallout from its referendum vote rather than in a show of force from its flotilla. It was with disbelief and sorrow that the UK’s partners in Europe and the rest of the world woke up to the news of the British Leave vote in the referendum on its EU membership. The prospect of a Brexit has sent shock waves throughout the international financial and political system and is set to occupy media debate for months to come.

A Fresh Start for the European Union after Brexit. CEPS Commentary, 29 June 2016

I am still trying to process the shock of the UK referendum, which has dealt a historic blow to the European Union and has alerted us to the danger of the wave of anti-establishment and anti-elite sentiments shaking up developed nations, and bringing about disastrous decisions that cannot be easily reversed. These movements are present in many European countries; we cannot underestimate the dangers of tumbling down the slippery slope of nationalism, which could put the very survival of the Union into question. A response from the EU, or from a smaller circle of its founding or main members, is necessary – as long as we can identify meaningful goals.

Europe in limbo while the UK descends into chaos. EPC Post-Summit Commentary, 30 June 2016

The EU Summit and the separate meeting of the EU27 without the UK on 28/29 June 2016 demonstrated that the EU is in limbo. Following the initial shock, frustration and anger after the unexpected result of the UK ‘in/out’ referendum, the future relationship between the European Union (EU) and the United Kingdom (UK) monopolised the meetings of EU leaders. The EU has entered uncharted waters and leaders are struggling to figure out how exactly to deal with the manifold (potential) consequences of the ‘Brexit crisis’. Despite the many uncertainties, the EU27 managed to reach some common lines, trying to convey four key messages, although the final outcome of the crisis and its effects on the Union’s overall future are still very unclear:

Procedural steps towards Brexit. CEPS Commentary, 13 July 2016

Introduction. With the dust barely settled on the Brexit referendum, a messy legal picture has emerged. Among the many challenges are what, when and how exactly the UK’s withdrawal from the EU should be negotiated. In truth, the way the divorce procedure has been regulated under Article 50 TEU leaves much to be desired. Gaps left by the EU legislator will have to be filled rather swiftly by political elites and lawyers. To the EU and its member states, only the rudimentary aspects of withdrawal are clear. In the UK, however, even the staunchest proponents of Vote Leave seem to have been caught off-guard, with no actionable plan for how to handle Brexit – only visions of alternatives to EU membership that are unlikely to be acceptable to the EU27. The fact that alternatives to membership had not been considered seriously prior to the referendum is perplexing, and underlines the impression that the entire exercise was a stroke of irresponsible political chutzpah.

Brexit will deepen the fault lines within the EU over mobility. CEPS Commentary, 12 July 2016

Much has been made of the divide that opened up in 2015 between eastern and western member states as a result of acrimonious discussions on how to handle the refugee crisis and distribute asylum applicants across the EU. Against the prevailing political sentiment in certain member state capitals, Germany and France pushed through a plan devised by the European Commission to relocate 120,000 refugees, by a qualified majority vote in the Council. Rather than creating an east/west divide, however, the vote split the group of (relatively) new Central and Eastern European countries (CEECs) of the EU into two factions: Romania, Czechia, Slovakia and Hungary voted against the plan, whereas several other CEECs, namely Poland, Bulgaria and the Baltic states, joined the controversial motion on the side of the other (northern, southern and western) member states. Finland abstained. Few member states have shifted their positions in the meantime. If anything, in fact, they have coalesced among the Visegrad 4, following a change of government in Poland; and they have hardened, as a result of new proposals by the Commission to fine member states that refuse to accept refugees. With Hungary’s referendum on the Commission’s relocation scheme scheduled for October 2nd, tensions are set to intensify even further.

Demographics and Brexit: A deeper problem for the EU? CEPS Commentary, 8 July 2016

There has been much debate about the demographic factors that contributed to the outcome of the UK’s referendum on its membership of the EU. Two aspects command special attention. First, there are marked differences between young and old generations in the preferences shown for remaining in the EU. While the former predominantly voted to remain, a great majority of the latter voted to leave. On the other hand, voter turnout revealed the opposite trend: about 83% of UK citizens aged 65 and older voted, whereas only 36% of those aged 18-24 cast their vote (Figure 1).

Soft or hard Brexit? EPC Commentary, 15 July 2016

The EU is in uncharted waters when it comes to negotiating the UK’s exit from the Union. Creative and flexible thinking will be required from all parties if an orderly departure is to be managed. The alternative is a fractious, mutually damaging and disorderly Brexit. This commentary argues for a short-term, time-limited agreement to stabilise the EU-UK relationship and to allow breathing space to develop the terms of a long-term strategic partnership.

Scotland and the European Union. EPC Policy Brief, 14 July 2016

Britain’s referendum on EU membership revealed a country divided; while the United Kingdom voted to leave by 52%, Scotland voted by 62% to remain in the EU, putting the question of Scottish independence back on the table. The Scottish government says that Scotland should not be taken out of the EU against the will of its people, and that a second referendum on independence is “highly likely”. Although the Scottish people voted against independence in a referendum in 2014, opinion polls currently suggest that a majority in Scotland wants another referendum, and would vote for independence. In this Policy Brief, Graham Avery looks at how the Scottish question relates to the UK’s withdrawal from the EU; what factors have changed since the Scottish people voted against independence in 2014 and what Scotland‘s chances are of remaining in the EU.

Institutionen und Volksrechte

Mit der Wahl von Simonetta Sommaruga zur Bundespräsidentin sowie Claude Hêche zum Ständerats- und Stéphane Rossini zum Nationalratspräsidenten, werden 2015 die drei höchsten Ämter von der SP besetzt. - Verschiedene Skandale bei IT-Beschaffungen in der Bundesverwaltung führten zu Strafuntersuchungen und zahlreichen politischen Vorstössen. - 2014 wurden nicht weniger als elf neue Bundesparlamentarier vereidigt. - Verschiedene Geschäfte und der Rücktritt Christoph Blochers lösten eine Debatte über Miliz- vs. Berufsparlament aus. - Mit dem revidierten Bundesgesetz über die politischen Rechte werden die Sammelfristen bei Referenden nicht verlängert. - Angestossen von der SVP wird im Parlament über das Verhältnis von Völkerrecht und Landesrecht diskutiert; die Vorstösse der Volkspartei stossen auf Ablehnung. - Gegen E-Voting beginnt sich auch auf politischer Ebene leise Kritik zu regen.

Estrutura societária e controle minoritário no Brasil Telecom: análise do poder exercido pelo Opportunity de 2003 a 2005

Desde meados dos anos 1990 o ambiente de negócios brasileiro tem passado por um relevante incremento na sofisticação da modelagem de estruturas societárias para grandes empreendimentos, um tipo de conhecimento que, porém, fica na maior parte restrito aos participantes desses empreendimentos e seus assessores jurídicos e financeiros. No caso da estruturação societária da Brasil Telecom, entretanto, foi possível ter acesso a todos os documentos e informações necessários ao estudo dessa estrutura, devido à enorme quantidade de litígios judiciais em que essa companhia esteve envolvida por quase dez anos, nos quais se pode obter a maior parte dos documentos analisados neste trabalho. Esse material é precioso, pois o caso da Brasil Telecom, conhecido como um dos maiores do direito societário brasileiro, tem uma peculiaridade muito importante: o grupo era gerido por um acionista minoritário, o grupo Opportunity, que exerceu poder de controle durante esses dez anos, apesar de sua diminuta participação societária e da forte oposição que sofreu dos acionistas majoritários por quase todo o tempo em que exerceu esse poder. O objetivo desse trabalho é revelar as técnicas jurídicas que permitiram o exercício desse poder, bem como buscar entender por que, apesar de tanta oposição dos demais acionistas e da enorme litigiosidade, anos transcorreram até que o Opportunity fosse definitivamente afastado da administração e do exercício do poder de controle da Brasil Telecom.