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1. The Practice, Promise and Peril of EU Lawfare

Author:
Steven Blockmans
Publication Date:
05-2024
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Power generates law and its interpretation, irrespective of whether it serves the cause of international justice. Despite its many shortcomings, the rules-based international order (RBIO) tries to advance that cause. But as a concept, the RBIO is now being rejected by China, Russia and parts of the so-called “Global South” for what they claim is the Western hegemonism and liberal values that underpin it. The fact that these countries have voluntarily signed up to the international covenants that enshrine the legal doctrines to strengthen the sovereign rights of weaker countries, especially in the context of economic relations, makes it hard to sympathise with the argument that the RBIO should be replaced by another concept, especially one that is advanced by autocracies. The RBIO has been partially shaped by the European Union (EU), a community of law that encodes the aspiration of “good global governance” in its constitutional DNA. With the waning “Brussels effect”—the soft power of EU law in shaping international rules and standards, the EU should consider how to instrumentalise the law to protect and promote its foreign policy interests, first and foremost the protection and promotion of the RBIO. This report unpacks the notion of “lawfare” and conducts a comparative analysis of such practices by the US, China, Russia, Ukraine, Turkey and others to assess the promise and peril of the EU using the power of the law to its strategic advantage.
Topic:
International Law, Sanctions, European Union, International Order, and Russia-Ukraine War
Political Geography:
Russia, China, Europe, Turkey, Ukraine, and United States of America

2. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

3. Opinion on Ukraine’s application for membership of the European Union

Author:
Michael Emerson, Steven Blockmans, Veronika Movchan, and Artem Remizov
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
This paper responds to Ukrainian President Volodymyr Zelensky’s request on 28 February 2022 for his country to accede to membership of the European Union. The European Council meeting at Versailles on 10-11 March endorsed the Council’s invitation to the European Commission to produce an Opinion on this request. The present paper is our Opinion on the position that we would like to see the Commission take. Since it comes at a time when Ukraine is being attacked in Russia’s genocidal war of choice, two quite different matters have to be addressed: first the fundamental political issues at stake for the whole of Europe, and second, the more technical modalities of the accession process.
Topic:
European Union, Regional Integration, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

4. A transformational moment? The EU's response to Russia's war in Ukraine

Author:
Sergio Carrera, Steven Blockmans, Malorie Schaus, Willem Pieter De Groen, and Tinatin Akhvlediani
Publication Date:
05-2022
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
It is often said that the EU is forged in crisis. After weathering what feels like so many crises over the past 15 years, the EU’s swift and decisive response to the Russian invasion of Ukraine has, for the most part, been welcomed as the EU finally getting a crisis right. In the first weeks of the war, the EU adopted an impressive series of sanctions, rapidly widening the net cast over growing numbers of targeted individuals and institutions. It has also provided over EUR 2 billion of ‘lethal aid’ to Ukraine to help it fight off the invaders, a notion that would have been absolutely unthinkable only a few short months ago. In advance of our 2022 edition of the annual CEPS Ideas Lab and harnessing our broad inhouse expertise, we gave our CEPS contributors a simple instruction for compiling this special report – to dive deep into their specialist areas and provide their perspective on whether the invasion and subsequent crisis is a true ‘game changer’ in terms of the EU’s immediate and ongoing policy response. Or, to put it another way, will 2022 be viewed by future historians as a year of genuine transformation, a transformation fuelled by the largest conventional conflict in Europe since the end of the Second World War? The picture that emerges from the fog of war is a fragmented one. A general conclusion is that while there have been some positive changes in certain policy areas (such as migration, sanctions, energy and climate), the use of the term ‘game changer’ is as of yet unwarranted. The only real exception here, and where an alleged transformation can be argued is really starting to place, is in security and defence policy.
Topic:
Foreign Policy, Sanctions, European Union, Crisis Management, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

5. The Five ‘I’s of EU defence: Inclusive integration for effective investment, innovation and institutions

Author:
Dylan Macchiarini Crosson and Steven Blockmans
Publication Date:
10-2022
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
At the crossroads of industrial policy and the Common Security and Defence Policy (CSDP), the European Union’s (EU) defence initiatives are accelerating with the political backing of both the EU institutions and key Member States. Russia’s war in Ukraine has played a seminal role in the introduction of taboo-breaking proposals to strengthen EU defence capabilities. In order to be effective, the EU must adopt the mantra of ‘inclusive integration’, recognising that increased cooperation amongst Member States, candidate countries, and like-minded partners makes the Union stronger. Policy actions under this mantra should thus aim to complete the regulatory framework of the European Defence Technological and Industrial Base, continue providing the right incentives for joint capabilities development, address the needs of Member State armed forces, maintain the EU’s technological cutting edge and guarantee continued political momentum.
Topic:
Defense Policy, European Union, Investment, Institutions, Innovation, and Russia-Ukraine War
Political Geography:
Europe

6. Assessing the EU’s military assistance to Ukraine

Author:
Steven Blockmans and Leonardo De Agostini
Publication Date:
10-2022
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Eight months after the Russian invasion of Ukraine, the US has spent almost three times as much in ‘lethal aid’ to the Ukrainian armed forces than the EU institutions and Member States combined. Beyond the headline figures presented in well-known indices, data are hard to come by in a disaggregated manner. This lack of transparency is problematic both from a public accountability perspective as well as from efforts to ensure greater complementarity in Member States’ support for the needs identified by Ukraine. Therefore, integrating publicly available sources into a more refined dataset of the weapons systems and military-related support promised by Member States to Ukraine is of utmost importance. This CEPS Policy Brief aims to complement the existing narrative regarding the lagging military aid concretely delivered by the EU Member States in comparison to the aid sent by the US and the UK, and to offer possible solutions on where – and how – the EU can plug the shortfalls.
Topic:
European Union, Weapons, Military Aid, and Russia-Ukraine War
Political Geography:
Europe and United States of America