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41. Pre-empting Technical Barriers in the Single Market

Author:
Jacques Pelkmans and Anabela Correia de Brito
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
Effective enforcement and compliance with EU law is not just a legal necessity, it is also of economic interest since the potential of the Single Market will be fully exploited. Enforcement barriers generate unjustified costs and hindrances or uncertainty for cross-border business and might deprive consumers from receiving the full benefit of greater choice and/or cheaper offers.
Topic:
Economics, Markets, Monetary Policy, and Law
Political Geography:
Europe

42. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

43. The EU's Experience with Security Sector Governance

Author:
Louis-Alexandre Berg
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Civilian oversight ministries are essential to broader efforts to strengthen the performance and responsiveness of security and law enforcement forces. Ministries facilitate coordination among agencies, hold personnel accountable to law and policy, perform administrative functions, shield forces from political interference, and enable civilian oversight through the legislature, civil society, and other mechanisms. Failure to support these roles can undermine efforts to strengthen law enforcement and improve citizen safety in countries affected by conflict or instability. The European Union has extensive experience supporting oversight ministries, having prepared twenty-one ministries of interior to join the EU. The European Commission has assisted ministries in developing countries around the world, while the European Council has deployed civilian missions to crisis environments to establish security and the rule of law. Efforts to develop the laws, procedures, and organizational structures needed for effective oversight ministries face numerous challenges, from limited human capacity to political and organizational resistance, especially in countries transitioning from conflict or authoritarian rule.EU enlargement provided a unique incentive for countries to overcome obstacles to transforming their ministries and improving security sector governance. EU institutions helped translate this incentive into organizational changes by helping candidate countries define a clear structure and vision, deploying experienced experts from EU member states, and managing resistance through coordinated political engagement in support of clearly defined benchmarks. In crisis and stabilization countries, the EU has faced greater challenges. Without a strong external incentive, weak capacity and severe political tensions have undermined assistance efforts. The EU has been enhancing its capabilities for deploying skilled personnel to these environments and for leveraging member states' relationships with countries affected by conflict, to help them overcome political obstacles. Yet the EU has often struggled to achieve the coherence among member states and institutions necessary to support locally driven reforms. The United States can learn from the EU's successes and challenges by paying attention to the role of oversight ministries in the development of security and law enforcement forces overseas. To build its capacity to strengthen oversight ministries and other components of security sector governance, the United States should recruit personnel with broader sets of skills, improve coherence among agencies providing assistance, and deepen cooperation with the EU and other donor countries. Through collaboration in headquarters and in the field, the EU and the United States could complement each other's strengths and pursue common approaches to fostering institutional change in the security sector.
Topic:
Security, Regional Cooperation, and Law
Political Geography:
United States and Europe

44. Armin von Bogdandy and Jürgen Bast (eds). Principles of European Constitutional Law

Author:
Birgit Schlutter
Publication Date:
05-2011
Content Type:
Journal Article
Abstract:
After the entry into force of the Lisbon treaty on 1 December 2010, and right in the middle of the European response to the recent financial and economic crisis, the review of the second edition of Armin von Bogdandy's and Jürgen Bast's Principles of European Constitutional Law appears to be a timely and anything but anachronistic or cynical enterprise. The European effort to combat the financial crisis and set up a joint framework to regulate the banking sector shows the constant need for research on the 'founding principles of the polity' and the sources of its legitimacy (at 1). And indeed, the second edition of the book, too, provides a thorough examination of the main themes underlying a more closely connected Europe.
Topic:
Law
Political Geography:
Europe and Lisbon

45. Refugees on the High Seas: International Refugee Law Solutions to a Law of the Sea Problem

Author:
Killian S. O'Brien
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Following in the aftermath of the Arab Spring, Europe's southern marine borders have been the showplace of human tragedies previously unseen on this scale and the issue of refugees on the high seas has assumed a newfound importance. This article examines the flawed system provided by the 'Constitution of the Oceans', the UN Convention on the Law of the Sea for the protection of the lives of migrants at sea. It submits that international refugee law is well-equipped to assume a greater responsibility in ensuring the protection of those involved. Although the concept of non-refoulement cannot be stretched ad absurdum, it may still be reasonably interpreted as providing a temporary right to disembark for the purpose of processing possible asylum applications. In the long-term, a system of burden-sharing and permanent, yet flexible, reception agreements remain the only sustainable solution.
Topic:
United Nations and Law
Political Geography:
Europe and Arabia

46. A Call to Members of the European Parliament: Take transparency seriously and enact the 'legislative footprint'

Author:
Lukas Obholzer
Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
The code of conduct that was agreed by a cross-party working group of the European Parliament (EP), the EP Bureau and Conference of Presidents, is a watered-down compromise that lacks provision for the introduction of the 'legislative footprint' that the plenary requested the Bureau to set up. The legislative footprint is a document that would detail the time, person and subject of a legislator's contact with a stakeholder. Published as an annex to legislative reports, it would provide insight into who gave input into draft legislation. Unfortunately, the Constitutional Affairs (AFCO) Committee with Carlo Casini (EPP) as Chair and Rapporteur has so far failed to improve the draft in this respect. Against a backdrop of past scandals and recent criticism of early agreements negotiated in trilogues behind closed doors, the EP is about to miss an opportunity to show that it has learnt its lesson, and that it takes seriously its role as guarantor of legitimacy in EU decision-making. Transparency means proactive action: by adding a provision for a legislative footprint that identifies the interest representatives with whom key actors met and from whom they received advice, Members of the European Parliament (MEPs) have a chance to turn the EP into a role model for parliamentary transparency in a pluralistic democracy.
Topic:
Climate Change, International Organization, and Law
Political Geography:
Europe

47. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland

48. The "Peoples' Congresses" in Russia: Failure or Success? Authenticity and Efficiency of Minority Representation

Author:
Alexander Osipov
Publication Date:
08-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
This paper addresses the phenomenon of public fora which are designed to represent certain ethnic groups and are set up through popular vote. The academic and practical interest in such "congresses" results from the fact that over time it has been shown that these endeavors have: (1)proven to be viable and durable organization structures for about two decades; (2)secured flexibility in their establishment and functioning;(3) provided for mass participation in public discussions and voting; (4) avoided "identity trap" and most complexities related to setting qualifications and the selection of eligibility criteria for the participants; (5) been a bridge between minority activists and public authorities. At the same time, the real practical outcomes, the ability to act independently and visibility of the "congresses" on the political landscape are far from being obvious, and this raises questions about the reasons for such doubtful achievements and the very meaning of "representation" in such a context.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Asia

49. Language Policies and Law in Education in Post-Soviet Belarus

Author:
Iryna Ulasiuk
Publication Date:
09-2011
Content Type:
Working Paper
Institution:
European Centre for Minority Issues
Abstract:
The dissolution of the Soviet Union brought to the fore claims of linguistic minorities which had been ignored far too long. In almost all of the former Soviet republics language became an impetus to national revival and an important instrument in consolidating the newly independent states. At times excessively accentuated and overly politicized, the language issue demanded immediate reaction. It was not, therefore, surprising, that almost all of the former Soviet republics rejected to various degrees the legal dogmas which had been created in the Soviet Union and moved towards the weakening of the bonds within the former USSR, the lowering of the status of the Russian language as a symbol of long-term oppression and, as a consequence, the strengthening of the position of the titular language. Belarus has somewhat stood aloof in the process. With Russian being the de facto main language, and Belarusian playing largely a symbolic function, the position of other languages spoken by minority groups residing within the territory of Belarus seems indeed precarious. The present paper seeks to identify the main tendencies in the development of language legislation in the area of education, which has traditionally been considered as determinant for the survival of the language, in Belarus. It investigates the place of the Belarusian legislation in the field of education reserved for the language rights of the titular nation and those of national minorities.
Topic:
Education, Governance, Law, and Minorities
Political Geography:
Russia, Europe, and Belarus

50. New Research on Transitional Justice

Publication Date:
02-2011
Content Type:
Video
Institution:
The Harriman Institute
Abstract:
Participants: Aryeh Neier (Founder, Human Rights Watch and President, Open Society Institute), Monika Nalepa (Political Science Department, Notre Dame University), Lara Nettelfield (Post-Doctoral Fellow, Harriman Institute, Columbia University), Tina Rosenberg (Pulitzer Prize-winning author of The Haunted Land: Facing Europe\'s Ghosts after Communism), Ruti Teitel (Ernst C. Stiefel Professor of Comparative Law, and Associate Director, Center for International Law, New York Law School, and Visiting Professor, London School of Economics), and Leslie Vinjamuri (School of Oriental and African Studies, University of London). This event is part of the "Human Rights in the Post-Communist World: Strategies and Outcomes " series (Harriman Core Project 2010-2011).
Topic:
Human Rights, Human Welfare, International Law, Post Colonialism, and Law
Political Geography:
Africa, New York, and Europe