Search

Begin New Search Topic International Law Publishing Institution Centre for European Policy Studies

1. Rule of law or rule of thumb? A New Copenhagen Mechanism for the EU

Author:
Sergio Carrera, Elspeth Guild, and Nicholas Hernanz
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
The European Union, and its Area of Freedom, Security and Justice (AFSJ), is founded on a set of common principles of rule of law, democracy and human rights. This has been officially enshrined in the body of Article 2 of the Treaty on European Union (TEU) which lists "respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities" as the shared values on which the Union is rooted. One of the current modalities of action to ensure that all member states of the EU respect Article 2 TEU is to filter their compliance with these values before they accede to the Union. The so-called 'Copenhagen criteria' have been established in 1993 to ensure that all new EU member states are in line with the Union's common principles before crossing the bridge towards membership.
Topic:
Democratization, Human Rights, International Law, and Regional Cooperation
Political Geography:
Europe

2. Towards a Common European Border Service?

Author:
Sergio Carrera
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
What should be the future institutional configurations of the second generation of the EU's Integrated Border Management strategy for the common external borders? The Stockholm Programme endorsed by the European Council on December 2009 and the European Commission's action plan implementing it published in April 2010 have brought back to the EU policy agenda the feasibility of setting up a European system of border guards as a long-term policy vision. This Working Document examines the origins of this proposal and aims at thinking ahead by asserting that any future discussion and study in this context should be refocused by initially addressing two central questions: First, what kind of 'border guard' and what kinds of 'border controls' does the EU need in light of the current EU acquis on external border crossings and the Schengen Borders Code? Second, what would be the 'added value' of any new institutional arrangement at the current stage of European integration?
Topic:
International Law and Regional Cooperation
Political Geography:
Europe

3. Challenges and Prospects for the EU's Area of Freedom, Security and Justice: Recommendations to the European Commission for the Stockholm Programme

Author:
Sergio Carrera, Elspeth Guild, and Anaïs Faure Atger
Publication Date:
04-2009
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
The upcoming Swedish presidency of the EU will be in charge of adopting the next multiannual programme on an Area of Freedom, Security and Justice (AFSJ), during its tenure in the second half of 2009. As the successor of the 2004 Hague Programme, it has already been informally baptised as the Stockholm Programme and will present the EU's policy roadmap and legislative timetable over these policies for the next five years. It is therefore a critical time to reflect on the achievements and shortcomings affecting the role that the European Commission's Directorate-General of Justice, Freedom and Security (DG JFS) has played during the last five years in light of the degree of policy convergence achieved so far. This Working Document aims at putting forward a set of policy recommendations for the DG JFS to take into consideration as it develops and consolidates its future policy strategies, while duly ensuring the legitimacy and credibility of the EU's AFSJ within and outside Europe.
Topic:
Security, International Law, International Organization, and Regional Cooperation
Political Geography:
Europe

4. Somalia and the Pirates

Author:
Rob de Wijk and David M Anderson
Publication Date:
12-2009
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
Even though kidnappings, killings, attacks on UN and NGO compounds, suicide bombings, and the assassinations of local judges and other public figures, and the many other features of lawlessness in the Horn of Africa have become so commonplace that they are rarely now reported by European news media, from September 2008 Somalia once again dominated the news agenda. In that month pirates operating from small ports and harbours along Somalia's eastern coast mounted a series of successful attacks against international shipping, first capturing a Ukrainian vessel with its cargo of heavy armaments bound for southern Sudan (via the Kenyan port of Mombasa), and then intercepting a number of container ships before mounting an attack on a passenger vessel that was repelled by the crew. Finally, in November, the pirates landed the prize of a fully-laden Saudi-owned oil tanker. By the end of the year the pirate gangs operating out of Eyl, Haradheere and other harbours along the desolate eastern coast of Puntland, were reckoned to be holding no fewer than 40 vessels for ransom, with more than 200 crew members in captivity.
Topic:
Crime, International Law, and Maritime Commerce
Political Geography:
Africa, Europe, and Somalia

5. The Other Side of the Moons - The Schengen Information System and Human Rights: A Task for National Courts

Author:
Evelien Brouwer
Publication Date:
04-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
The recent proposals of the European Commission for a European Border Management Strategy are based on an almost blind faith in the use of large-scale databases, identification measures and biometrics for immigration and border control purposes. It is clear that these measures entail a risk to the protection of not only the right to privacy and the right to data protection, but also to the freedom of movement and the principle of non-discrimination. This paper by Evelien Brouwer, lecturer at the Law School of Utrecht University, considers the human rights implications of the Schengen Information System (SIS). Describing the case of Mr. and Mrs. Moon, who have been reported as “inadmissible” in the SIS for more than ten years, the difficulties for third country nationals trying to remedy a false or unlawful SIS report are highlighted. The Moon case illustrates that the outcome of national proceedings dealing with an SIS alert can be very different. The author concludes with recommendations to guarantee individuals' rights to effective remedies and to improve the position and powers of national courts.
Topic:
Government, Human Rights, and International Law
Political Geography:
Europe

6. The United States:A normative power?

Author:
Daniel S. Hamilton
Publication Date:
05-2008
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
To what degree may the US be considered a normative power? The US foreign policy mainstream tends to reflect a varying blend of normative and hegemonic approaches. The US has been and continues to be simultaneously a guardian of international norms; a norm entrepreneur challenging prevailing norms as insufficient; a norm externaliser when it tries to advance norms for others that it is reluctant to apply to itself; and a norm blocker when it comes to issues that may threaten its position, or that exacerbate divisions among conflicting currents of American domestic thought. On balance (and despite exceptions), the US has sought to manage this normative-hegemonic interplay by accepting some limits on its power in exchange for greater legitimacy and acceptance of its leadership by others. The unresolved question today is whether the US and other key players are prepared to stick with this bargain. Closer examination of the US case also raises a considerable number of questions about the notion of the EU as a 'normative power'.
Topic:
International Relations, Foreign Policy, Defense Policy, International Law, International Organization, and International Political Economy
Political Geography:
Africa, United States, and Europe

7. Merging Security from the Two Level Game: Inserting the Treaty of Prüm into EU law?

Author:
Elspeth Guild
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
On 27 May 2005, seven EU member states signed the Prüm Treaty to promote cross-border cooperation, aimed particularly at combating terrorism, cross-border crime and illegal migration. In response, we published a critical analysis of the measure, in which we expressed reservations on three grounds: The treaty format in a field of EU activity produces negative externalities for the EU's area of freedom, security and justice by circumventing the EU framework; Reverting to an intergovernmental arena excludes the European Parliament at a time when its role in democratic scrutiny of the area of freedom, security and justice is critical; The effect of the Prüm Treaty is to weaken the EU rather than to strengthen it, as it postpones an important debate among all the member states about cross-border cooperation in policing and creates the impression that a small group of member states seek to impose their view on the rest.
Topic:
Security, International Law, and Treaties and Agreements
Political Geography:
Europe

8. Towards a Proactive Immigration Policy for the EU?

Author:
Sergio Carrera and Joanna Apap
Publication Date:
12-2003
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
This report involves an assessment of the legislative progress achieved towards a proactive immigration policy regarding those described as 'third country nationals' (TCNs) entering into and residing legally in the European Union (EU). We also evaluate the extent to which the attacks of 11 September 2001 in the US had a real impact on the legislative developments and policy agenda in relation to this area.
Topic:
International Law and Migration
Political Geography:
Europe

9. Progress and Obstacles in the Area of Justice Home Affairs in an Enlarging Europe

Author:
Sergio Carrera and Joanna Apap
Publication Date:
06-2003
Content Type:
Working Paper
Institution:
Centre for European Policy Studies
Abstract:
This paper assesses the legislative achievements made so far in the objectives set by the Amsterdam Treaty and the Tampere European Council. It explores why a number of Justice and Home Affairs (JHA) policy areas have experienced a greater degree of development or convergence than others. This is a most sensitive field of study that has been guarded as either an area of national sovereignty, or where sovereignty issues could be at stake. The existence of frictions and strains between member states can be considered as the main cause of differences in development. The way in which these frictions have affected the implementation of policy and how these may be further exacerbated by the forthcoming enlargement are equally analysed.
Topic:
Human Welfare and International Law
Political Geography:
Europe

10. Reinventing The Climate Negotiations: An Analysis of COP6

Author:
Christian Egenhofer and Jan Cornillie
Publication Date:
04-1999
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
With the cancellation of the Oslo ministerial mini-summit, the prospects for an early entry into force of the Kyoto Protocol are rapidly fading. Even if the US agrees to an outcome at a resumed COPbis in July, continued Congressional opposition and unresolved questions concerning the developing countries' commitments make US ratification highly implausible.
Topic:
Environment, International Law, and Science and Technology
Political Geography:
United States