Publisher: CEPS Centre for European Policy Studies

The European Transformation of Modern Turkey

The European Transformation of Modern Turkey

Author(s): Kemal Derviş,Michael Emerson,Daniel Gros,Sinan Ülgen / Language(s): English

Keywords: Economics and Foreign Policy Forum (EFPF); Turkey’s full EU-membership ; European Union ; potential for economic convergence ; membership negotiations;

The outcome of a research project carried out by CEPS and the Economics and Foreign Policy Forum (EFPF) of Istanbul, this book examines in detail the challenges and opportunities that would arise with Turkey’s full membership of the European Union. The authors, consisting of both Turkish and West European experts, address such controversial issues as Turkey’s cost to Europe, the potential for economic convergence and the implications of Turkish membership for the future of Europe. The authors also identify the areas where a closer cooperation between Turkey and the EU in advance of full membership would be advantageous for both parties. They focus with this aim on a set of measures ranging from ‘virtual membership’ in certain policy areas to more specific transition policies. In short, this book gives a clear picture about the nature of the topics and the issues that would dominate full membership negotiations with Turkey.

Readings in European Security. Volume 3

Readings in European Security. Volume 3

Author(s): / Language(s): English,French

Keywords: Russia and the West; Homeland Security; European Balkans; European Arms Supply for China; Iran Nuclear Programme;

This volume of Readings in European Security contains the papers commissioned for presentation and discussion at the meetings of the CEPS-IISS European Security Forum (ESF) in the period from January 2003 to June 2005. They have been previously published in the European Security Forum Working Paper series, Nos. 16-20. CEPS and IISS gratefully acknowledge financial support received for the European Security Forum from the Compagnia di San Paolo, the US Mission to the EU and NATO.

The Prospect of Deep Free Trade between the European Union and Ukraine

The Prospect of Deep Free Trade between the European Union and Ukraine

Author(s): Michael Emerson,T. Huw Edwards,Ildar Gazizullin,Matthias Lücke,Daniel Müller-Jentsch,Vira Nanivska,Valeriy Pyatnitskiy,Andreas Schneider,Rainer Schweickert,Oleksandr Shevtsov,Olga Shumylo-Tapiola / Language(s): English

Keywords: Ukraine-EU relations;

Report prepared in fulfilment of contract 2005/S 89-085795 of the European Commission’s Directorate-General for Trade on the economic feasibility, general economic impact and implications of a free trade agreement between the European Union and Ukraine.

Travels among Europe's Muslim Neighbours. The Quest for Democracy

Travels among Europe's Muslim Neighbours. The Quest for Democracy

Author(s): Joost Lagendijk,Jan Marinus Wiersma / Language(s): English

Keywords: Europe’s Muslim Neighbours ; Quest for Democracy ; European Islam ; Challenges for Society ; European Foreign Policy ;

In Travels among Europe’s Muslim Neighbours – The Quest for Democracy, two Dutch Members of the European Parliament, Joost Lagendijk and Jan Marinus Wiersma, report on their talks with leading politicians of democratic and moderate Islamist convictions in the Balkans, Turkey, Egypt and Morocco. Their accounts have a vivid quality that gives the reader the sense of having been part of their missions. The underlying theme is the search for ways in which Europe’s Muslim neighbourhood might eventually become more democratic, rather than remain – at least in the case of the Arab Mediterranean states – ruled by largely authoritarian regimes. The role of democratic Turkey as an important reference throughout the region is highlighted. The authors also argue the case for EU policy to engage in dialogue with all democratic parties in the region, including in particular the Muslim democrats, which is not the case at the moment. The book complements two other related works recently published by CEPS: European Islam – Challenges for Society and Public Policy and Political Islam and European Foreign Policy.

Options and national discretions under the Deposit Guarantee Scheme Directive and their treatment in the context of a European Deposit Insurance Scheme

Options and national discretions under the Deposit Guarantee Scheme Directive and their treatment in the context of a European Deposit Insurance Scheme

Author(s): Author Not Specified / Language(s): English

Keywords: Deposit Guarantee Scheme Directive; European Deposit Insurance Scheme; EDIS;

In the European Union, the Deposit Guarantee Schemes Directive adopted in 2014 sets out rules and procedures to ensure depositor protection and is a key step towards harmonisation of deposit insurance in the European Union. It contains 22 national options and discretions (NODs) which Member States may apply to reflect specific national circumstances. The purpose of this study is to assess the respective national implementations of the NODs, including their practical impact on depositor protection, and to propose policy recommendations regarding their possible treatment under the European Deposit Insurance Scheme, under the assumption that the latter would take the form of a full insurance scheme.

What Comes After the Last Chance Commission?

What Comes After the Last Chance Commission?

Author(s): Steven Blockmans,Mehtap Akgüç,Ciniza Alcidi,Sara Baiocco,Miroslav Beblavý,Sergio Carrera,Willem Pieter DE GROEN,Christian Egenhofer,Milan Elkerbout,Daniel Gros,Weinian Hu,Zachary Kilhoffer,Karel Lannoo,Jacques Pelkmans,Andrea Renda,Sophia Russack,Guillaume Van der Loo / Language(s): English

Keywords: Political commission; EU JHA Policies; Security and defence policies; EU's trade and investment policy; economic governance; Financial markets; social policy;

When the current European Commission began its mandate on 1 November 2014 under President Jean-Claude Juncker, it did so in highly inauspicious political circumstances. The EU was still suffering one of the most severe financial and economic crises since World War II; unemployment had hit unprecedentedly high levels; inter-governmental emergency measures burdened the Union’s democratic quality; and the trust in European institutions of apolitics-fatigued electorate had hit an all-time low.

The Canada-Czech Republic Visa Dispute two years on Implications for the EU’s Migration and Asylum Policies

The Canada-Czech Republic Visa Dispute two years on Implications for the EU’s Migration and Asylum Policies

Author(s): Massimo Merlino,Elspeth Guild,Sergio Carrera / Language(s): English

Keywords: Canada-Czech Republic Visa Dispute; EU's Migration and asylum policies; fundamental rights of European citizens;

This paper critically examines the policy implications of the ongoing Canada-Czech Republic visa dispute for the founding principles of the EU’s immigration and asylum policies, notably those of reciprocity and solidarity. It addresses the main challenges posed by the unilateral reintroduction of visa requirements for nationals of the Czech Republic for the EU’s common visa policy, and for the fundamental rights of European citizens who belong to vulnerable and excluded groups, i.e. Roma, in search of international protection. The new Commission proposal on avisa safe guard clause for suspending visa liberalisation will be also critically examined in this context. The paper argues that the EU-Canada visa controversy reveals several pitfalls for the successful pursuit of EU foreign policy in Justice and Home Affairs, as well as for the legitimacy of Europe’s immigration and asylum policies. It concludes with a set of policy recommendations for improving EU-Canada cooperation in the fields of migration and asylum that aim to facilitate the legitimacy, solidarity and fundamental rights compliance of current and future cooperation frameworks.

№76 Europe’s most wanted? Recalibrating Trust in the European Arrest Warrant System

№76 Europe’s most wanted? Recalibrating Trust in the European Arrest Warrant System

Author(s): Nicholas Hernanz,Elspeth Guild,Sergio Carrera / Language(s): English

Keywords: European Arrest Warrant System; criminal justice regimes; Principle of proportionality; Principle of division of powers;

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the European Union. It examines the main quantitative results of this extradition system achieved between 2005 and 2011 on the basis of the existing statistical knowledge on its implementation at EU official levels. The EAW has been anchored in a high level of ‘mutual trust’ between the participating states’ criminal justice regimes and authorities.

Civic Integration of Third-Country Nationals. Nationalism versus Europeanisation in the Common EU Immigration Policy

Civic Integration of Third-Country Nationals. Nationalism versus Europeanisation in the Common EU Immigration Policy

Author(s): Sergio Carrera,Anja Wiesbrock / Language(s): English

Keywords: Civic integration; Third-Country Nationals; Nationalism; EU Immigration policy;

‘Civic integration’ programmes and tests for third-country nationals (TCNs) have increasingly become part of member states’ legislation implementing EC immigration law and the EU Framework on Integration. The civic dimension of integration consists of various programmes and tests requiring TCNs to demonstrate that they know and respect the receiving society’s history, institutions and values. This paper assesses the tensions inherent in the relationship between civic integration programmes and the principles of legal certainty, proportionality and non-discrimination. This paper compares national immigration legislation in four member states – Denmark, France, Germany and the Netherlands. It studies the personal and material scope of civic integration provisions as well as the political justifications promulgated by their governments for introducing these kinds of policies. This comparison enables us to identify the common deficits of these member states’ policies. We argue that by providing a supranational venue for the transferring and legitimising certain national policies that use civic integration to restrict immigration, the legitimacy and coherency of the EU immigration policy is profoundly affected by the same deficits.

Towards Common Standards on Rights of Suspected and Accused Persons in Criminal Proceedings in the EU?

Towards Common Standards on Rights of Suspected and Accused Persons in Criminal Proceedings in the EU?

Author(s): Mar Jimeno-Bulnes / Language(s): English

Keywords: Rights of suspected and accused persons; Criminal proceedings; EU; Liberty and security;

The Swedish Presidency of the EU presented in July 2009 a new Road map with a view tofostering protection of suspected and accused persons in criminal proceedings in the Union. The Road map set out its vision to foster the right to a fair trial in criminal proceedings across the EU. The same Presidency also presented a Draft Resolution on 31 July 2009 outlining the grounds and content of the Road map, which was adopted by the Council on the 30 November 2009. Its aim was to invite the European Commission to submit new legislative proposals covering the measures included in the Roadmap, and in this way overcome the obstacles encountered by a previous Commission initiative of 2004 on certain procedural rights incriminal proceedings throughout the EU.

Proportionality overrides Unlimited Surveillance.The German Constitutional Court Judgment on Data Retention

Proportionality overrides Unlimited Surveillance. The German Constitutional Court Judgment on Data Retention

Author(s): Katja de Vries,Rocco Bellanova,Paul DE HERT / Language(s): English

Keywords: Surveillance; German Constitutional Court judgment;

On 15 March 2006, the Data Retention Directive, demanding the retention of telecommunications data for a period of six months up to two years, was adopted. Since then, this seemingly straight forward directive has ‘generated’ quite an impressive number of court judgments. They range from the European Court of Justice (ECJ) to the administrative (e.g. Germany and Bulgaria) and constitutional courts (e.g. Romania) of some member states.

Whose Citizenship to Empower in the Area of Freedom, Security and Justice? The Act of Mobility and Litigation in the Enactment of European Citizenship

Whose Citizenship to Empower in the Area of Freedom, Security and Justice? The Act of Mobility and Litigation in the Enactment of European Citizenship

Author(s): Anja Wiesbrock,Sergio Carrera / Language(s): English

Keywords: Citizenship; Area of Freedom; Security and Justice; Act of Mobility and Litigation;

The Stockholm Programme and the European Commission’s Action Plan implementing it have positioned the freedom, security and justice of ‘European citizens’ at the heart of the EU’s political agenda for the next five years. Yet, who are the ‘citizens’ about whom the Council and the European Commission are so interested? At first sight it would appear as if only those individuals holding the nationality of a member state would fall within this category. This paper challenges this assumption,however, and argues that as a consequence of litigation by individuals before EU courts and of the growing importance given to the act of mobility in citizenship and immigration law, the personal scope of the freedoms accorded to European citizenship already covers certain categories of third country nationals (TCNs). Through an examination of selected landmark rulings of the Court of Justice in Luxembourg, the paper demonstrates how the requirement of being a national of an EU member state is progressively becoming less important when defining the boundaries of the European citizenry.

Quantum Surveillance and ‘Shared Secrets’.A biometric step too far?

Quantum Surveillance and ‘Shared Secrets’. A biometric step too far?

Author(s): Juliet Lodge / Language(s): English

Keywords: Quantum Surveillance and ‘Shared Secrets’; Biometric step; ICT; US; EU;

Biometrics are a feature of communication technologies (ICTs). Their disproportionate use andthe lax and arbitrary way in which they are defined and implemented endangers values, norms and practices central to accepted conceptions in the EU27 of transparency, data protection and data privacy. Concern over the indiscriminate and growing use of biometrics for increasingly mundane and imprecise purposes results in a breach of the earlier intention to ensure their proportionate deployment based on the principle of necessity. Deviation from this is now justified by reference to loose arguments about the alleged ‘certainty’ that biometric identifiers bring to cutting risk, and so enhancing ‘security’, however that is defined.

The European Investigation Order. Travelling without a ‘roadmap’

The European Investigation Order. Travelling without a ‘roadmap’

Author(s): Debbie Sayers / Language(s): English

Keywords: European Investigation Order; mutual recognition programme; European Arrest Warrant; data protection law and respect of human rights;

The European Investigation Order (EIO) seeks to establish a complete system for obtaining evidence in crossborder cases. It represents a further step in the evolution of the mutual recognition agenda and the deepening of criminal cooperation among member states. It has far-reaching implications for individual rights because of its breadth, its application to individuals who are not suspects and the nature of its invasive provisions. Careful justification is required to ensure legitimacy. In analysing this proposal, this paper considers the following aspects:• the place of the EIO within the mutual recognition programme. It looks at judicial cooperation by way of mutual recognition and the common characteristics shared by such measures. It explores the lessons arising from experience with mutual recognition (specifically the European Arrest Warrant, EAW) and the need for mutual trust; and • the scope of the EIO – what is it and what does it replace? The paper investigates the EIO’s potential scope and application. It asks whether it is really a measure of judicial cooperation and assesses how the EIO departs from existing measures on mutual recognition. It also asks the question, does the EIO go too far? Furthermore, what are the ramifications for human rights? The paper analyses the sufficiency of the safeguards in the EIO. It explores whether the lessons from the EAW have been learnt, e.g. the need for proportionality and the effect of inconsistency in the implementation of human rights standards. It considers whether the Road map for Strengthening Procedural Safe guards will assist and takes into account the views of the EU Agency for Fundamental Rights and the European Data Protection Supervisor.

The Incomprehensible Flow of Roma Asylum-Seekers from the Czech Republic and Hungary to Canada

The Incomprehensible Flow of Roma Asylum-Seekers from the Czech Republic and Hungary to Canada

Author(s): Judit Tóth / Language(s): English

Keywords: Roma Asylum-Seekers; Czech Republic; Hungary; Canada;

This working paper analyses the flow of Roma migrants, in particular asylum-seekers, from the Czech Republic and Hungary to Canada in 1996–2010. Although the fate of the Roma is at the centre of events, statistics on asylum applications along with an interpretation of the history of migration issues, from the perspectives of both international relations and EU policy, illustrate the classical debate on state sovereignty versus universal or at least European solidarity. They reflect the debate on the binding human rights of fragile groups versus security preconditions and prejudices. This amalgam of migration, visa and asylum policies has affected the lives of Roma and their efforts to achieve equal treatment, integration and citizenship in their country of residence as well as their homeland.

NO MONEY FOR THE RULE OF LAW. How Kosovo’s budget process affects judicial independence

NO MONEY FOR THE RULE OF LAW. How Kosovo’s budget process affects judicial independence

Author(s): Berat Thaqi / Language(s): English

Keywords: public budget;judicial system in Kosovo;

This paper analyses the budgeting process for the judicial institutions in Kosovo in order to identify whether the government can interfere with judicial autonomy through budgetary resources. Further, the budgeting process for these institutions is analysed in light of some of the Council of Europe’s recommendations. The paper concludes that the actual budgeting process can jeopardise the independence and effectiveness of judicial institutions. Some of the problems identified in the process of budgetary appropriations include a lack of time and professional resources for Kosovo’s parliament to scrutinise budgetary requests, as well as a lack of timely data and benchmarks for budgetary appropriations. The paper highlights the need for transparency, the development of benchmarks and the involvement of judicial institutions during the budget process. It concludes by offering a number of specific recommendations for Kosovo on how to improve the budget process for the judiciary.

TEN YEARS AFTER EULEX. Key principles for future EU flagship initiatives on the rule of law

TEN YEARS AFTER EULEX. Key principles for future EU flagship initiatives on the rule of law

Author(s): Naim Rashiti / Language(s): English

Keywords: Kosovo legal system; EULEX;

With its “credible enlargement perspective for and enhanced EU enlargement with the Western Balkans”, the EU plans to launch several new flagship initiatives for the six aspiring countries. The key initiative envisaged is “to strengthen rule of law” through more detailed assessment of the rule of law and reform implementation by including case-based peer reviews, trial monitoring of serious corruption cases and organised crime, developing indicators for reform implementation and deploying advisory missions. // The EU has begun some planning but detailed action plans are yet to come. New programmes and initiatives should be new in content and form. In the case of Kosovo, things are more complex; the clarity of the new plan and drawing the line between the past and future is key for any success of the upcoming initiatives. With EULEX still on the ground, after 10 years of deployment, plagued by low trust and an image of failure, the rule of law has little improved in Kosovo. The EU should carefully consider the conditions upon which new initiatives are established. // Equally, local authorities need to be fully in the driving seat. Reluctant to do so until now, the government has recently initiated a Functional Review of the Rule of Law Sector and Justice 2020. Their agendas have not progressed much in the absence of political will, and undefined roles and agendas remain between the local authorities and EU. Any new initiatives should be launched based on certain principles that ensure they have full local ownership, are driven by local demand, are based on in-depth evaluation and verification, build upon broad consultations and inclusion, have a clearly defined role and scope, have realistic expectations and contribute to streamlining the reform agendas.

BANKING FRAGILITY ROOTED IN JUSTICE FAILURES. Evidence from Ukraine

BANKING FRAGILITY ROOTED IN JUSTICE FAILURES. Evidence from Ukraine

Author(s): Maria Repko / Language(s): English

Keywords: Corruption; economy and rule of law;

This paper investigates the links between the rule of law and sustainable economic growth, focusing on a specific aspect – namely how corruption and lack of the rule of law affect the functioning of the banking sector. It draws on the experience of Ukraine amid the crises in the banking sector (which is most of the financial sector). The burst of a bubble in the banking sector after the 2008–09 crisis was never followed by a robust recovery, and the 2014–15 crisis1 deepened the problem. It highlighted serious dysfunctions in the justice system, with issues of corruption and political interference. Much of the banking system’s fragility and poor credit utilisation could be explained by a lack of the rule of law on different levels. When the losses materialised, flaws in the rule of law impeded a response and resulted in a massive burden falling on the state and on the economy at large. // At the same time, reforms to the rule of law and the financial sector are going along separate tracks – being implemented by different teams that contact each other randomly at best. If these efforts are combined, a strong synergistic effect might be achieved.

RULE OF LAW INFRINGEMENT PROCEDURES. A proposal to extend the EU’s rule of law toolbox

RULE OF LAW INFRINGEMENT PROCEDURES. A proposal to extend the EU’s rule of law toolbox

Author(s): Petra Bárd,Anna Śledzińska-Simon / Language(s): English

In this contribution, we propose that the Court of Justice of the European Union (CJEU) introduce ‘rule of law infringement procedures’, having both a fast-track and a freezing component, as part of a wider ‘EU rule of law toolbox’. We show rule of law infringement procedures’ great potential in tackling rule of law backsliding in the Member States, provided that the following rules are applied. First, the European Commission should identify the rule of law problem explicitly. Second, it should not waste time and postpone its legal actions, while a Member State openly violates the rule of law. Third, the CJEU should automatically prioritise and accelerate infringement cases with a rule of law element to avoid more harm being done by those in power. Fourth, interim measures should be used to put an immediate halt to rule of law violations that can culminate in grave and irreversible harm. Fifth, EU institutions should establish a periodic rule of law review. It should help them to determine if there is a systemic threat to the rule of law in a given Member State, and provide additional legitimacy to the European Commission for initiating rule of law infringement actions and to the CJEU for ruling on such matters.

LOVE THY NEIGHBOUR? Coronavirus politics and their impact on EU freedoms and rule of law in the Schengen Area

LOVE THY NEIGHBOUR? Coronavirus politics and their impact on EU freedoms and rule of law in the Schengen Area

Author(s): Sergio Carrera,Ngo Chun Luk / Language(s): English

Keywords: Covid-19;

Restrictions on international and intra-EU traffic of persons have been at the heart of the political responses to the coronavirus pandemic. Border controls and suspensions of entry and exist have been presented as key policy priorities to prevent the spread of the virus in the EU. These measures pose however fundamental questions as to the raison d’être of the Union, and the foundations of the Single Market, the Schengen system and European citizenship. They are also profoundly intrusive regarding the fundamental rights of individuals and in many cases derogate domestic and EU rule of law checks and balances over executive decisions. // This Paper examines the legality of cross-border mobility restrictions introduced in the name of COVID-19. It provides an in-depth typology and comprehensive assessment of measures including the reintroduction of internal border controls, restrictions of specific international traffic modes and intra-EU and international ‘travel bans’. Many of these have been adopted in combination with declarations of a ‘state of emergency’.