Legal privilege for in-house lawyers in the light of AKZO: a matter of law or policy? Research Papers in Law, 05/2011

From introduction. This paper discusses the arguments in favour of extending legal privilege to in-house lawyers in the light of the CJEU‟s judgement in AKZO. The previous jurisprudence is unambiguous, as the Court clearly stated in AM & S that the confidentiality of written communications between an undertaking and its lawyer is protected under Union law only when two cumulative conditions are fulfilled: they must be connected to the exercise of the client‟s rights of defence and the lawyer must be independent, that is, “not bound to the client by a relationship of employment”.1 This protection also applies to internal notes confined to reporting the content of communications with independent lawyers containing legal advice.2

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

None.

Iceland’s contested European Policy: The Footprint of the Past - A Small and Insular Society. Jean Monnet Occasional Paper 01/2013

Introduction. Iceland’s domestic politics and foreign affairs are undergoing drastic changes. After an economic crash, violent protests on the streets of Reykjavik for the first time in Iceland’s history contributed to the defeat of the government. The party system has been altered. A turn has been taken towards Europe after the United States left the island, first by closing its military base in 2006 and then by its clear stance not to assist the country in its economic difficulties. The former close relations with the superpower are unlikely ever to be restored. The EU membership application is placing severe constraints on political parties which are split on the issue and has put in jeopardy the unity of the first left majority in the Icelandic parliament, the Althingi. Society is in a state of flux after an unprecedented economic downscaling and the collapse of almost its entire financial sector – which had boomed rapidly beginning in the mid-1990s. The credibility of politicians, the parliament and the media is in ruins. Iceland’s smallness and its location on the geographical map – one could also say the geopolitical map – has had a profound influence on its domestic and foreign affairs. Iceland is closely associated with the other Nordic states and has adopted many of their domestic characteristics, with important exceptions. On the other hand, the country has come under American influence – geographically, it straddles the Mid-Atlantic rift – and has limited its participation in the European project. Its geographical location in the middle of the North Atlantic has led to a notion that the country’s culture is unique and should be protected by all available means. Politicians continue to play the ‘nationalistic uniqueness’ card with considerable success even though the country has been swept by globalization. Rapid modernization (which only really began in the Second World War with British and American occupations) and sudden engagement with the outside world (which only extended to the general public in the last quarter of the twentieth century) are still slowly but steadily making their mark on the country’s foreign policy. The country’s political discourse and foreign policy still bear the hallmark of the past, i.e. of a small and insular society This paper will address the political developments in Iceland since the 2008 economic crash and place it in a historical context. The aim is to understand Iceland’s present foreign policy and, in particular, the highly contested decision by its government in 2009 to apply for membership of the European Union. The paper is divided into five sections in addition to this introduction and the concluding remarks. First, it starts by explaining the importance in Iceland of a political discourse based on the concept of independence which dates back to the historical narrative of the settlement period. This section will also examine Iceland’s close relations with the other Nordic states – despite important differences between it and the others. Second, the paper will analyse the importance of the party system, i.e. the dominance of the centre-right in Icelandic politics, and the changed nature of the system. Third, it examines how Iceland further distinguishes itself from the other Nordic states in many important features. Fourthly, the paper analyses the country’s three main foreign policy priorities in the post-war period, i.e. extensions of the Exclusive Economic Zone, firm defence arrangements with the US and membership of NATO, and the drive for better market access for marine products – including a partial engagement in the European project. Fifthly, the paper examines how the country’s smallness, in terms of its central administrative capacity, has affected its domestic and foreign policy-making. The concluding section summarizes the main findings concerning the political and historical obstacles that the Social Democratic Alliance faces in its hard-fought battle to change the country’s European Policy.

Trading off sovereignty. The outcome of Belarus's integration with Russia in the security and defence field. OSW Commentary No. 107, 2013-04-25

Although the Republic of Belarus is constitutionally designated as a neutral country1, it is in fact closely connected with Russia’s own security and defence architecture. Within the Union State of Belarus and Russia, the armed forces are integrated to an extent unequalled in the world. A legacy of the Soviet division of labour, the Belarusian defence industry complex remains structurally dependent on Russia, which is its main raw material provider, outlet for exports and intermediary on world markets. Bilateral military cooperation also builds on the perception of common threats and partly shared security interests. Hence it unfolds regardless of the disputes that sporadically sour relations between Minsk and Moscow, standing out as the main achievement of the Union State – if not the only one.

The current state, problems and future of Germany's air and missile defence. OSW Commentary No. 105, 2013-04-10

From German point of view, air and missile defence systems are of little relevance for the protection of Germany’s territory. However, they are seen as important for conducting ‘out of area’ operations, providing military assistance to allies, and for Germany’s political and military- technical position within NATO. The Bundeswehr has been modernising its air and missile defence systems for several years. The modernisation of very short-range and short-range systems is slightly behind schedule. Plans to modernise the medium-range air and missile defence have been encountering problems since the United States decided to refrain from buying the jointly developed MEADS system. Therefore Germany is currently considering using the results of the MEADS program in the development of its own medium-range air and missile defence system, possibly in co-operation with France and Italy. Such a system would ensure protection against short-range ballistic missiles (up to 1000 km) and might become part of NATO’s ballistic missile defence, replacing the Patriot batteries which Germany is currently operating. Furthermore, Germany could expand its involvement in NATO’s ballistic missile defence in the future by buying or developing system to intercept medium- and intermediate- range ballistic missiles (up to 3000 km and 5500 km). The final decision on this matter has not yet been taken, and will be left for the successive governments of Germany to resolve. It will depend on a number of political, military and financial factors.

The fragile ‘reset’. The balance sheet and the prospects for changes in Russian-US relations. OSW Point of View (Policy Brief), April 2011

The ‘reset’ policy proposed by the USA has brought Russia a number of geopolitical, prestigious and economic benefits. The most important of those are: the resumption of arms control, the USA’s withdrawal from plans to locate elements of its strategic missile defence system in Poland and the Czech Republic, and the entry into force of the so-called 123 Agreement. In response, Russia has assisted the United States in resolving the Iranian crisis, and offered help with the Afghanistan operation, covering the transit of supplies and supporting the Afghan government. Moscow has also eased up on its anti-American rhetoric. The changes which have taken place in Russian-US relations are not durable. The two parties have not resolved their major disputes (for example, regarding missile defence), and any differences are hushed up for tactical reasons.

Strategic Insurance: The Future of the Belgian Armed Forces. IES Policy Brief Issue 2014/04/May 2014

Summary. Belgium is on the cusp of its next defence reform. While the security landscape throughout Europe’s neighbourhood and beyond deteriorates, the armed forces face numerous challenges. Most importantly, the next defence plan needs to recalibrate the force structure in function of political ambitions and budgetary realities. This Policy Brief argues that Belgium must embrace a nimble but broad-spectrum force. Any future structure must encompass agile land forces as well as a modern combat air force, without neglecting the need to safeguard a sizeable navy and invest in cyber capabilities. European cooperation should be pursued wherever possible while recognising that this necessitates budgetary convergence. For Belgium this means the investment budget needs to grow significantly in order to acquire interoperable but self-owned assets. Such a choice can be justified on the recognition that defence is not just about expeditionary operations, but also economic stimulus, intergenerational solidarity and strategic insurance: maintaining the ability to respond to whatever the future may bring.

EU Sanctions Policy towards Russia: The Sanctioner-Sanctionee’s Game of Thrones. CEPS Working Document No. 402/January 2015

Since Russia’s annexation of the Crimean peninsula and the start of the conflict in the Donbass region, the EU has introduced three waves of restrictive measures against Russia, which are regularly updated. Having thus expanded from measures targeting individuals to entire sectors, the current EU sanctions policy impacts Russia’s financial markets, energy sector and defence industry. On top of this, new bans affect EU investments, services and trade in Crimea and Sevastopol. While they hurt the Russian economy, the EU sanctions also have a boomerang effect, especially in conjunction with the countersanctions imposed by the Kremlin on EU food imports. In this lose-lose situation, the usefulness of the EU sanctions has been called into doubt, in particular in those EU member states that are the most economically intertwined with Russia. How successful has the EU been so far in pushing its case with the Kremlin and what moves are left for the two main actors in the sanctioner-sanctionee ‘Game of Thrones’? This Working Document offers a SWOT analysis of the EU sanctions policy towards Russia and identifies the Strengths for the EU to cultivate, Weaknesses to minimise, Opportunities to seize and Threats to counteract.

Russia and Turkey - What does their partnership mean for the EU? EPC Policy Brief, 13 February 2015

Russia and Turkey have, over the past two decades, developed a very constructive relationship across a wide variety of policy areas. Imperial rivals during much of the Cold War, both countries have since then found common interests in matters of energy, trade and even defence. Besides their growing interdependence, it is hard not to notice the similarities between the two leaders of these countries, especially when it comes to the conspiracy mind-set of blaming dissent at home on foreign meddling. But does this mean that Turkey is fundamentally realigning its foreign policy strategy, away from the EU and towards Russia? And is the EU facing the emergence of an “axis of the excluded”? Not so according to Dimitar Bechev. In this Policy Brief, he argues that the ties between Russia and Turkey are driven by pragmatism and realpolitik. Contentious issues – such as the war in Syria - may be insulated from areas of overlapping interest, but deeper examination shows the glue holding the two countries together – their energy interdependence – is slowly weakening. Bechev believes the EU should take advantage of this divergence and try to (re-)anchor Turkey to its own initiatives and policies.

More Union in European Defence. CEPS Task Force Report, 26 February 2015

Years of uncoordinated cuts in defence spending have eroded the EU’s role as a security actor in what is now a multipolar world. This CEPS Task Force report aims to provide member states and the EU institutions with the narrative to strengthen defence cooperation in the EU, in the face of numerous emergencies in the EU’s strategic neighbourhood and ever-present security threats. The report is a record of the deliberations over several months between high-level experts in the field of European security and defence, who conclude that the Treaty of Lisbon demands and permits a great deal more in terms of our common security and defence activities. And that member states could achieve much more value for money than the €190 billion that they spend to keep up 28 national armies, comprising roughly 1.5 million service personnel. This report suggests policy actions to further the EU’s strategic, institutional, capabilities, and resources cooperation in the field of defence. Ultimately, in the view of the Task Force experts, further integration should amount to a European Defence Union.

America’s global defence predicament – Why the Asia ‘rebalancing’ has little significance for European security. Egmont Paper No. 72, December 2014

Summary. This paper argues that the Obama Administration’s Asia ‘pivot’ or ‘rebalancing’ is mainly a rhetorical construct that has very little substantive effect on US security policy. In contrast to the widely held belief that a renewed emphasis on Asia would place meaningful restrictions on America’s willingness and ability to deal with European security problems there is little evidence to support this argument nor is it well-grounded conceptually. Furthermore, undue emphasis on this aspect of American policy has detracted attention from more important developments in Washington’s capacity to effectively project military power.

Cardiff: Birthplace of a new Transatlantic Narrative? Egmont Security Policy Brief No. 57, July 2014

Cardiff has the potential to turn into a “great meeting”, if the focus is on forging a new and attractive narrative to underpin a solid transatlantic security relationship, in which NATO finds its place. But Europeans must become serious on defence – and not only because the US asks for it. Otherwise, the EU and for sure the European States will become strategic bystanders and even objects of great power competition. That would be a real game-changer. That is why, in Cardiff, “we” ought to be ambitious enough to deal with the real issues, including the relationship between NATO and the CSDP.

Geen leger, is onbetaalbaar = No Belgian armed forces is unaffordable. Egmont Security Policy Brief No. 61, February 2015

In this Security Policy Brief Jo Coelmont examines the challenges Belgium is facing at present. On the one hand there is the declared political objective to henceforth provide its defence forces with the means of achieving all of its tasks and, furthermore, to develop a new Strategic Plan, while taking decisions on replacing its current fleet of F16 fighter aircraft and determine strategic orientations on the replacement of frigates, mine hunter vessels and other major equipment programmes. On the other hand, the already taken austerity measures impose severe structural cuts on its defence budget for the upcoming five years. In this context the author is proposing some « dos and don’ts«.

America's global defence predicament-Why the Asia 'rebalancing' has little significance for European security. Egmont Paper No. 72, December 2014

This paper argues that the Obama Administration’s Asia ‘pivot’ or ‘rebalancing’ is mainly a rhetorical construct that has very little substantive effect on US security policy. In contrast to the widely held belief that a renewed emphasis on Asia would place meaningful restrictions on America’s willingness and ability to deal with European security problems there is little evidence to support this argument nor is it well-grounded conceptually. Furthermore, undue emphasis on this aspect of American policy has detracted attention from more important developments in Washington’s capacity to effectively project military power.

Europe’s self-defence: Tous pour un et un pour tous? CEPS Commentary, 20 November 2015

When addressing the French Parliament following last week’s terrorist atrocities in Paris, French President François Hollande invoked Article 42(7) of the Treaty on the European Union. Never before has this EU’s ‘mutual assistance clause’ been activated by an EU member state. What does it provide and what are its practical implications?