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1. Networks of impunity: Corruption and European foreign policy

Author:
Chris Raggett
Publication Date:
03-2020
Content Type:
Policy Brief
Institution:
European Council On Foreign Relations
Abstract:
European governments have failed to prevent corrupt actors from laundering hundreds of billions of dollars through the international financial system and their own economies. This breakdown in the rule of law empowers kleptocratic regimes across the globe, which capitalise on the political culture underpinning Europe’s approach to globalisation. Western governments create a negative feedback loop that hinders their foreign policy initiatives when they treat corruption in other countries as an inherent part of the local culture. European policymakers should aim to catch up with, and overtake, their US counterparts on anti-money laundering regulation and enforcement. European countries should create national institutions – and an international coalition of Western states – that are dedicated to countering kleptocrats.
Topic:
Foreign Policy, Corruption, European Union, Rule of Law, Financial Crimes, and Impunity
Political Geography:
Europe

2. COMMENTARIES: State of the European Union address 2020

Author:
Katerina Davidova, Vít Havelka, Jana Juzová, Christian Kvorning Lassen, Danielle Piatkiewicz, and Zuzana Stuchlíková
Publication Date:
09-2020
Content Type:
Commentary and Analysis
Institution:
Europeum Institute for European Policy
Abstract:
Experts from EUROPEUM Institute for European Policy comment on the State of the Union address (SOTEU) given by the President of the European Commission Ursula von der Leyen on 16 September 2020. Topics of the commentaries: Christian Kvorning Lassen: General Impressions – A Visionary Speech Challenged by Political Reality; Christian Kvorning Lassen: A Stronger European Health Union is Needed; Christian Kvorning Lassen: Migration – Ambitious rhetoric, dubious feasibility; Danielle Piatkiewicz: Multilateralism: Europe’s Call to Global Action – Taking the Lead; Kateřina Davidová: EU’s climate momentum not quashed by the pandemic as new target is presented; Jana Juzová: European Neighbourhoods – Vague Reassurances, Economy First; Zuzana Stuchlíková: Next Generation EU, Rule of Law and Conference on the Future of Europe; Vít Havelka: The EU and the UK fights over blame for Brexit fiasco
Topic:
Climate Change, Health, Migration, European Union, Multilateralism, and Rule of Law
Political Geography:
Europe

3. The Rule of Law and its Social Reception as Determinants of Economic Development. A Comparative Analysis of Poland and Germany

Author:
Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, and Maria Krell
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
Topic:
Economic growth, Rule of Law, Trade, and Economic Development
Political Geography:
Europe, Poland, and Germany

4. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine

5. Better Protection of the Rule of Law – or of European Taxpayers’ Money

Author:
Tamás Lattmann
Publication Date:
11-2019
Content Type:
Policy Brief
Institution:
Institute of International Relations Prague
Abstract:
The rule of law holds great importance to the EU, as it also should to its member states and improving its protection has become a focus of new legislative efforts. Will this proposed regulation be useful and effective tool added to EU’s legislation or will it do the opposite and hurt the member state governments? The author focuses on already existing procedures and their deficiencies and compares them to the current proposal while also shedding light on the background of the new legislation. The reflection addresses some of the questions that may be raised related to EU law, member state sovereignty and its possible effects. The regulation still has a long way to go to become a law and in or order for that to happen it needs to be accepted by the Council. The author lists potential scenarios that could occur in the process of the law’s adoption and explains the legislative procedures.
Topic:
Rule of Law, Tax Systems, and European Parliament
Political Geography:
Europe

6. The Power of Ideas That Won the Cold War is Still Needed

Author:
Christopher Datta
Publication Date:
11-2019
Content Type:
Journal Article
Institution:
American Diplomacy
Abstract:
To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
Topic:
Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, and Journalism
Political Geography:
Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, and Senegal

7. Poland’s 2019 election: Bright prospects for the populist Right

Author:
Marco Siddi and Barbara Gaweda
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Poland’s incumbent party Law and Justice seems poised to win the election thanks to its welfare policies and the weakness of the opposition. However, its attacks on the independence of the judiciary and the media could further erode the rule of law and exacerbate disputes with the EU.
Topic:
Authoritarianism, Elections, European Union, Populism, Conservatism, and Rule of Law
Political Geography:
Europe and Poland

8. Poisoned heritage for the new Commission: The rule of law question

Author:
György Fóris
Publication Date:
12-2019
Content Type:
Working Paper
Institution:
European Policy Centre
Abstract:
The rule of law issue is not going anywhere anytime soon. The Polish and Hungarian governments will likely remain in power for years. Czech, Croat and some Romanian leaders seem impressed and ready to follow the paths Kaczyński and Orbán have paved. And Italy might not have seen the last of Matteo Salvini. Member states that increasingly question, ignore, or even attack previously agreed-upon policies, political priorities or common principles are becoming a regular occurrence within the Union, one that the new Commission will have to deal with. In this Discussion Paper, György Fóris finds that in an increasingly politicised Union, the design of the current rule of law mechanism is lacking. He argues it cannot function effectively on legal grounds alone as long as the existing Treaty foundations remain ambiguous and the final decision is taken at the political level, where it is the Council and not the Commission that is the decisive player. So the von der Leyen Commission will face a difficult choice: either try to live with all of the formal members of the Union, listening to and mediating between them, while continuing to defend the rules and values that were entrusted to it as the Guardian of the Treaty and thus preserve the EU’s unity. Or, take sides and lead an open political fight against those who seem to weaken the previously agreed interpretation of fundamental European rules and principles. Fóris, however, offers a third option: While not giving up on unity, likeminded and willing EU countries could intensify their level of cooperation, while formally retaining all parties within the framework of a larger (and looser) Community.
Topic:
Treaties and Agreements, European Union, and Rule of Law
Political Geography:
Europe, Poland, Romania, Hungary, Croatia, and Czech Republic

9. Budgetary Sanctions as a Mechanism to Protect the Rule of Law in the EU

Author:
Marta Makowska and Melchior Szczepanik
Publication Date:
09-2018
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
In the draft multiannual financial framework (MFF) 2021-2027, the European Commission (EC) proposed a political conditionality mechanism through which EU funds could be suspended for countries violating the rule of law. If implemented, it would grant the EC new powers to control the condition of the rule of law in Member States, but it is based on imprecise criteria. Even though the EC has declared that the mechanism is designed to discipline state institutions responsible for breaches, it could be damaging mainly to the final beneficiaries of the funds.
Topic:
Sanctions, Budget, European Union, and Rule of Law
Political Geography:
Europe

10. The Dawn of Article 18 ECHR: A Safeguard Against European Rule of Law Backsliding?

Author:
Floris Tan
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law backsliding, in particular because governmental restrictions of human rights under false pretenses present a clear danger to the principles of legality and the supremacy of law. Such limitations of rights under the guise of legitimate purposes go against the assumption of good faith underlying the Convention, which presupposes that all States share a common goal of reinforcing human rights and the rule of law. Article 18 could therefore function as an early warning that European States are at risk of becoming an illiberal democracy or even of reverting to totalitarianism and the destruction of the rule of law. The article then goes on to assess the extent to which the European Court’s case-law reflects and realizes this aim of rule of law protection, and finds that whereas the Court’s earlier case-law left very little room for an effective application of Article 18, the November 2017 Grand Chamber judgment in Merabishvili v. Georgia has made large strides in effectuating the provision’s raison d’être. As the article shows, however, even under this new interpretation, challenges remain.
Topic:
Human Rights, International Law, and Rule of Law
Political Geography:
Europe