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1. Raising the stakes on constitutional reform: The European Parliament triggers treaty change

Author:
Andrew Duff
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The European Parliament, for the first time, has used its powers to trigger a revision of the EU treaties. Its central demand is to change the decision-making procedure behind the passerelle clause from unanimity to qualified majority voting. However, the EU Council has so far refused to submit Parliament’s request to the European Council — in breach of its treaty obligations. At the same time, MEPs continue to develop wider reform proposals to make the government of the EU more robust, decisive, and democratic. With the European Parliamentary elections taking place next year, now is a good time for parliamentarians to take stock of their own performance, review their place in the governing system of the Union, and, other things being equal, prepare for future reform. In this Discussion Paper, Andrew Duff explains that, in an ideal world, more could be achieved under the existing treaties, and the EU could avoid the always complex, often unpopular, and usually protracted task of revising them. With another treaty change on the cards, the Paper analyses the current state of affairs and suggests that the heads of government need the assistance of a reflection group to prepare for a new Convention.
Topic:
Treaties and Agreements, Reform, European Union, Constitution, and European Parliament
Political Geography:
Europe

2. The British monarchy

Author:
Catherine Barnard, Frank Cranmer, John Curtice, Robert Hazell, and Ailsa Henderson
Publication Date:
04-2023
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
May 2023 will witness a landmark event: the coronation of King Charles III. Given the event’s significance, and the high levels of interest in the British monarchy that have been apparent since the death of Elizabeth II, UK in a Changing Europe and the Constitution Unit, UCL, have produced a report to explain the role of the modern monarchy and its place in the UK’s constitutional system. The report explains what the institution does and how it does it, and places the monarchy in its wider historical and comparative context. It provides a clear and accessible account of the monarchy and is intended as an indispensable guide ahead of the coronation. The report includes analysis from specialists on the monarchy and contributions from scholars who study UK politics and society and who examine the institution from their own specialist perspectives.
Topic:
Governance, Constitution, and Monarchy
Political Geography:
United Kingdom and Europe

3. Clear and president danger: Democracy and the constitution in Tunisia

Author:
Anthony Dworkin
Publication Date:
07-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
The new constitution that Tunisia will soon put to a referendum is a fundamental departure from the democratic model the country established after 2011. The process of drafting the constitution excluded any significant political participation or public debate. The new constitution would create an unaccountable presidency and leave other branches of the state without any power. Tunisia’s president has failed to address the country’s serious economic problems. An agreement with the International Monetary Fund will only provide a short-term solution to these problems. European policymakers should make clear that they do not see the constitution as genuinely democratic, while continuing to support Tunisia economically.
Topic:
Democracy, Constitution, Economy, Referendum, and IMF
Political Geography:
Europe, North Africa, and Tunisia

4. Constitution and Governance in the UK

Author:
Anand Menon, Jill Rutter, and Sarah Overton
Publication Date:
03-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The UK constitution and system of governance have recently been subjected to unprecedented strain. Brexit and Covid-19, in conjunction with the governing style adopted by the Johnson administration, have raised profound questions as to whether the norms and conventions that form the basis of the UK’s uncodified constitution are still fit for purpose. These are the issues that are brought together in this report, in which 41 leading scholars assess the impacts of Brexit, Covid-19 and the Johnson government on our constitution and system of governance. They discuss whether these arrangements, that have evolved over decades if not centuries, are sufficiently robust and fit for the purpose of governing a diverse and complex UK.
Topic:
Governance, Constitution, Brexit, and COVID-19
Political Geography:
United Kingdom and Europe

5. The Northern Ireland Protocol Bill: context and consequences

Author:
Catherine Barnard, Joelle Grogan, Katy Hayward, Andrew McCormick, and Jill Rutter
Publication Date:
10-2022
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The UK government introduced a piece of primary legislation, the Northern Ireland Protocol Bill, in response to concerns over the Protocol on Ireland/Northern Ireland. This report explains some of the context to the Bill, the conditions in which it has emerged and its potential ramifications for Northern Ireland, the UK, the EU, and UK-EU relations. It also considers a number of ways in which the stand-off over the Protocol might be resolved. The report brings together the insights of several experts: Catherine Barnard (University of Cambridge, and UKICE), Joelle Grogan (UKICE), Katy Hayward (Queen’s University Belfast), Andrew McCormick (formerly lead official on Brexit for the Northern Ireland Executive) and Jill Rutter (UKICE).
Topic:
Treaties and Agreements, European Union, Constitution, and Brexit
Political Geography:
United Kingdom, Europe, and Northern Ireland

6. The Exhaustion of Bosnia and Herzegovina's Dysfunctional Constitutional Regime

Author:
Jasmin Mujanović
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The footage is grainy. The cacophony of noise pours from the idling helicopters and the columns of police cars, motorcycles, and armored personnel carriers with their engines and blaring sirens. But the scenes are remarkable all the same. They show the city of Banja Luka, the second largest metropolitan area in Bosnia and Herzegovina (BiH), on May 12, 1992. They depict a city under occupation by a regime in the process of orchestrating the first genocide in Europe since the Holocaust.
Topic:
Democracy, Constitution, History, and Conflict
Political Geography:
Europe and Bosnia and Herzegovina

7. Russia’s Nationalities Policy before and after the 2020 Constitutional Amendments: Is the “Ethnic Turn” Continuing?

Author:
Veera Laine
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
In January 2020, Russian President Vladimir Putin proposed a set of constitutional amendments, aiming to secure the continuity of his power in the years to come. At the same time, the amendments allowed ideological visions on national identity to be inscribed in the Constitution. Since summer 2020, the Constitution has enhanced the symbolic status of the Russian language, which is now not only the state language but also the language of those who speak it (i.e. of “ethnic” Russians or “Russian-speakers”), implicitly referred to as the state-founding people. These provisions, together with support for compatriots abroad, not only continue the turn observable since the 2010s in Russia’s nation-building from a civic vision towards an ethnic vision of nation, but also challenge the existing interpretations of state borders. The provisions on safeguarding the “historical truth” and establishing a single framework for education hinder the republics from pursuing their identity policies. This Working Paper argues that the amendments both adjust the earlier changes and signal new ones in the official discourse and nationalities policy.
Topic:
Corruption, Governance, Authoritarianism, Democracy, Constitution, and Leadership
Political Geography:
Russia and Europe

8. Brexit and Beyond: government, law and external relations

Author:
UK in a Changing Europe
Publication Date:
03-2021
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Brexit is done. The formal negotiations are over — even though the Trade and Cooperation Agreement paves the way to many further negotiations between the UK and the EU. Our understanding of what Brexit does mean in practice is just beginning. This mini report is for those who want to dig deep on Brexit and its impact upon British governance and the constitutional makeup of the UK, and what Britain’s place in the world is set to look like outside of the European Union. This mini report is taken from the Brexit and Beyond report.
Topic:
International Relations, Government, Governance, Law, European Union, Constitution, and Brexit
Political Geography:
United Kingdom and Europe

9. EU-UK 2030

Author:
UK in a Changing Europe
Publication Date:
06-2021
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Five years on from the EU referendum, we are still attempting to learn lessons and digest those we have learnt. In this country, the vast majority of attention has, unsurprisingly, focused on developments here – in parliament, in our constitutional settlement, and in the country as a whole. But how did the EU and its member states approach the Brexit process? What were their priorities in the lengthy negotiations? How did they view the UK, and what are their priorities for their relationship with it in the years ahead?
Topic:
European Union, Constitution, Brexit, Negotiation, and Referendum
Political Geography:
United Kingdom and Europe

10. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina