Publisher: CEPS Centre for European Policy Studies

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Engaging Central Asia. The European Union’s new strategy in the heart of Eurasia

Engaging Central Asia. The European Union’s new strategy in the heart of Eurasia

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

Keywords: Central Asia; European Union; Eurasia; Security challenges; human rights; democratic reforms; Political engagement; Heart of Eurasia;

During the Soviet era, the lands of contemporary Central Asia were largely terra incognito for the outside world. Located deep within the Soviet Union, the region was isolated for much of the 20th century. During this period, Soviet Central Asia (the Uzbek, Tajik, Turkmen and Kyrgyz republics) and Kazakhstan (which was seen as administratively separate from the other four republics) were to an extraordinary degree controlled by Moscow and the institutions of Communist power. The sudden and dramatic collapse of the USSR under Mikhail Gorbachev at the end of 1991 thus marked an historic moment for Central Asia for it exposed the region almost overnight to the international community.In July 2007, the European Union initiated a fundamentally new approach to the countries of Central Asia. The launch of the EU Strategy for Central Asia signals a qualitative shift in the Union’s relations with a region of the world that is of growing importance as a supplier of energy, is geographically situated in a politically sensitive area – between China, Russia, Iran, Afghanistan and the south Caucasus – and contains some of the most authoritarian political regimes in the world. In this volume, leading specialists from Europe, the United States and Central Asia explore the key challenges facing the European Union as it seeks to balance its policies between enhancing the Union’s energy, business and security interests in the region while strengthening social justice, democratisation efforts and the protection of human rights. With chapters devoted to the Union’s bilateral relations with Kazakhstan, Uzbekistan, Turkmenistan and Tajikistan and to the vital issues of security and democratisation, ‘Engaging Central Asia’ provides the first comprehensive analysis of the EU’s strategic initiative in a part of the world that is fast emerging as one of the key regions of the 21st century.

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Building Confidence in Peace. Public opinion and the Cyprus Peace process

Building Confidence in Peace. Public opinion and the Cyprus Peace process

Author(s): Erol Kaymak,Aleksandros Lordos,Natalie Tocci / Language(s): English

Keywords: Cyprus; European Policy Studies; Greek Cypriot; Turkish Cypriot; peace process;

Building Confidence in Peace reports and analyses the results of the firstin a series of public opinion surveys in Cyprus carried out by the Centre for European Policy Studies (CEPS) in collaboration with Greek Cypriot and Turkish Cypriot partners. The project, which began in late 2007, gained momentum and significance with the 21 March 2008 peace process launched by the Greek Cypriot President Demetris Christofias and his Turkish Cypriot counterpart Mehmet Ali Talat.Building Confidence in Peace reports and analyses the results of the first public opinion survey in Cyprus carried out by the Centre for European Policy Studies in collaboration with Greek Cypriot and Turkish Cypriot partners. In the new atmosphere of relaunched negotiations in 2008, this book investigates what Cypriots think of each other, of the peace process and of possible solutions to the conflict. On the basis of our findings, a double need starkly emerges. First, it is essential to act, in parallel with the negotiating process, to raise public confidence in the peace process, in order to ensure that as and when an agreement is reached, the people will go along with it and make its ratification and implementation a success. Second, precisely because of persistent areas of divergence, a set of confidence-building measures (CBMs) should be envisaged to help narrow the gaps separating the two communities. This does not entail shifting attention from negotiations to CBMs. On the contrary, unilateral CBMs or non-controversial measures oriented towards inter-societal reconciliation may have a very positive impact and add momentum to the peace process within a strategic context of renewed negotiations. It is precisely in this spirit that we note the ongoing efforts to build confidence in parallel with the negotiations, first and foremost with the opening of the Ledra Street/Lokmacı gate crossing on 3 April 2008.

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The European Court of Justice: Do all roads lead to Luxembourg?

The European Court of Justice: Do all roads lead to Luxembourg?

Author(s): Allan Rosas / Language(s): English

Keywords: European Court of Justice; European Union; rule of law; Treaty of Lisbon; EU institutions; politics; court's legitimacy;

The increasing tendency to submit questions of great political and constitutional significance to the European Court of Justice prompts the question whether the Court has become the arbiter of all major problems facing the European Union today. In discussing recent trends in case law, Judge Allan Rosas observes that de Toqueville’s description of the importance of the US Supreme Court could apply to today’s European Court of Justice. That said, the Court can only deal with questions that have been specifically submitted to it. In this paper the author refers to the EU’s external relations, asylum and immigration, economic and monetary policy, citizenship, the rule of law in general, and Brexit, as cases that would probably not have come before the Court were it not for the Treaty of Lisbon. Other explanations for the more recent reliance on the Court may be the inability of the political process to resolve the thornier issues facing the EU, and the fact that the Court is considered by many to be one of the more effective EU institutions. Finally, the author stresses the need for the Court to honour its judicial mandate and to do everything it can to preserve its legitimacy, an objective also furthered by the depoliticised appointment of judges through the so-called 255 panel procedure.

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The EU’s Role in Implementing the UN Global Compact on Refugees. Contained Mobility vs. International Protection

The EU’s Role in Implementing the UN Global Compact on Refugees. Contained Mobility vs. International Protection

Author(s): Roberto Cortinovis,Sergio Carrera / Language(s): English

Keywords: EU; UN Global Compact on Refugees; Contained Mobility vs. International Protection;

The Global Compact on Refugees (GCR), adopted in December 2018 by the United Nations (UN) General Assembly, expresses the political will of UN member states and relevant stakeholders to foster responsibility sharing for refugees and their host countries. Among GCR key objectives is that ofexpanding mobility and admission channels for people in search of international protection through resettlement and ‘complementary’ pathways of admission. The GCR provides a reference framework to critically assess European Union (EU) policies in relation to two main issues: first, the role and contribution of the EU and its Member States towards the implementation of the GCR in ways that areloyal to the Compact and EU Treaties guiding principles; second, and more specifically, the main gaps and contested issues of existing resettlement and complementary admission instruments for refugeesand would-be refugees implemented at the EU and Member State levels.

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№49 The Court of Justice of the European Union as a Fundamental Rights Tribunal. Challenges for the Effective Delivery of Fundamental Rights in the Area of Freedom, Security and Justice

№49 The Court of Justice of the European Union as a Fundamental Rights Tribunal. Challenges for the Effective Delivery of Fundamental Rights in the Area of Freedom, Security and Justice

Author(s): Sergio Carrera,Marie De Somer,Bilyana Petkova / Language(s): English

Keywords: Court of Justice of the European Union; Fundamental Rights Tribunal; Freedom; Security; Jucstice;

This paper reflects on the challenges facing the effective implementation of the new EU fundamental right sarchitecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. Thepaper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals incases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Securityand Justice (AFSJ), and its immigration, external border and asylum policies.

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№51 Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming

№51 Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming

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

Keywords: Stockholm Programme; AFSJ Multiannual programming;

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament.

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№54 Russia and the Common Space on Freedom, Security and Justice

№54 Russia and the Common Space on Freedom, Security and Justice

Author(s): Olga Potemkina,Raül Hernández i Sagrera / Language(s): English

Keywords: Russia; Freedom; Security; Justice; EU-Russia;

EU-Russia cooperation in the framework of the Common Space on Freedom, Security and Justice, launched almost a decade ago in 2003, has borne fruit more in the security aspects than the justice and liberty-related policy areas. This study assesses the uneven cooperation onjustice and home affairs between the EU and Russia, while delving into the intersection between cooperation on justice, liberty and security and the promotion of human rights, democracy and rule of law in EU-Russia relations. The study concludes by proposing a set of policy recommendations to the LIBE Committee for playing a more active role in this important field of cooperation between the EU and Russia.

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№57 Survey on Rules on Loss of Nationality in International Treaties and Case Law

№57 Survey on Rules on Loss of Nationality in International Treaties and Case Law

Author(s): René de Groot / Language(s): English

Keywords: Nationality in International Treaties; Case Law; European Court of Human Rights;

This paper offers a picture of the obligations existing under international and European law inrespect of the loss of nationality. It describes international instruments including obligations inthis field with direct relevancy for the loss of nationality of Member States of the European Union, but also obligations regarding loss of nationality in regional non-European treaties. Attention is given to two important judicial decisions of the European Court of Justice (Janko Rottmann) and the European Court of Human Rights (Genovese v Malta) regarding nationality. Special attention is devoted to Article 15 of the Universal Declaration of Human Rights, which forbids the arbitrary deprivation of nationality. A survey is provided of possible sub-principles that can be derived from this rule. Finally, some observation are made on the burden of proof incases of loss of nationality.

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№59 Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR

№59 Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR

Author(s): Violeta Moreno-Lax,Elspeth Guild / Language(s): English

Keywords: International Refugee Law; EU Policies; EU Co-operation with UNHCR;

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two inter-related issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection.The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law.

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№66 Reflections on quasi-loss of nationality in comparative, international and European perspective

№66 Reflections on quasi-loss of nationality in comparative, international and European perspective

Author(s): Patrick Wautelet,René de Groot / Language(s): English

Keywords: nationality of a country; quasi-loss of nationality; EU;

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away that had existed, quasi-loss involves situations inwhich nationality was never acquired. This contribution seeks to examine whether a person should under certain circumstances be protected against quasi-loss of nationality. In order to doso, the paper first maps out situations of quasi-loss in EU Member States, describing typical cases in which a person never acquired the nationality of the country, although (s)he was at some time considered as a national. Drawing on this taxonomy, the paper attempts to uncover whether national, European and international laws offer some protection, and if yes, to which extent, for situations of quasi-loss. It concludes with outlining best practices which Member States should comply with in handling such situations.

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№88 A European Border and Coast Guard: What’s in a name?

№88 A European Border and Coast Guard: What’s in a name?

Author(s): Leonhard Den Hertog,Sergio Carrera / Language(s): English

Keywords: European border; Coast guard; European Border and Coast Guard;

This paper assesses the Commission’s proposal presented in December 2015 to set up a European Border and Coast Guard (EBCG), based on the responses made by the EU border agency Frontex to the ‘refugee crisis’ that began in 2015 and continues unabated. It explores the extent to which this proposed new body will be capable of remedying the EU’s short comings in meeting established border and asylum standards and related institutional needs on the ground and concludes that it is unlikely to do so. The paper argues that the EBCG proposal does not establish a true European Border and Coast Guard. Instead it would revamp Frontex into a Frontex + Agency. The EBCG would expand the current logic of national border guards to be committed to the Frontex Agency ‘pools’ and therefore does not solve the ‘dependency’ of Frontex on member states. More importantly, the EBCG would do too little to ensure that member states comply with EU border and asylum standards, which has constituted the central deficiency throughout 2015 and earlier.

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№78 National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges

№78 National Security and Secret Evidence in Legislation and before the Courts: Exploring the Challenges

Author(s): Didier Bigo,Sergio Carrera,Nicholas Hernanz,Amandine Scherrer / Language(s): English

Keywords: National Security; Secret evidence; national legal regimes; rule of law;

This study provides a comparative analysis of the national legal regimes and practices governing the use of intelligence information as evidence in the United Kingdom, France, Germany, Spain, Italy, the Netherlands and Sweden. It explores notably how national security can be invoked to determine the classification of information and evidence as 'state secrets' in court proceedings and whether such laws and practices are fundamental rights and rule of law-compliant. The study finds that, in the majority of Member States under investigation, the judiciary is significantly hindered in effectively adjudicating justice and guaranteeing the rights of the defence in ‘national security’ cases. The research also illustrates that the very term ‘national security’ is nebulously defined across the Member States analysed, with no national definition meeting legal certainty and “in accordance with the law” standards and a clear risk that the executive and secret services may act arbitrarily.

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№75 A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union

№75 A Comparative Analysis of Regulations on Involuntary Loss of Nationality in the European Union

Author(s): René de Groot,Maarten Peter Vink / Language(s): English

Keywords: Comparative Analysis; Involuntary Loss of Nationality in the European Union; International law; EU Law;

This paper deals with loss of citizenship of the European Union (EU) due to the loss of nationality of an EU member state. Only the nationals of a member state possess European citizenship; the loss of nationality of a member state thus also implies the loss of European citizenship. Member states are in principle autonomous in nationality matters, which means that their rules on loss of nationality, and loss of EU citizenship, differ considerably. But member states must respect international law and the general principles of European law when dealing with loss of nationality. This report aims to provide a comprehensive and systematic comparative analysis of existing regulations and procedures in EU member states with regard to the involuntary loss of nationality.

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№77 New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection

№77 New Approaches, Alternative Avenues and Means of Access to Asylum Procedures for Persons Seeking International Protection

Author(s): Elspeth Guild,Cathryn Costello,Madeline Garlick,Violeta Moreno-Lax,Minos Mouzourakis / Language(s): English

Keywords: Access to Asylum procedures; International protection; CEAS; EU;

This study examines the workings of the Common European Asylum System (CEAS), in order to assess the need and potential for new approaches to ensure access to protection for people seeking itin the EU, including joint processing and distribution of asylum seekers. Rather than advocating the addition of further complexity and coercion to the CEAS, the study proposes a focus on front-line reception and streamlined refugee status determination, in order to mitigate the asylum challenges facing Member States, and vindicate the rights of asylum seekers and refugees according to the EU acquis and international legal standards. Joint processing could contribute to front-line reception and processing capacity, but is no substitute for proper investment in national systems.

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Undocumented Immigrants and Rights in the EU. Addressing the Gap between Social Science Research and Policy-making in the Stockholm Programme?

Undocumented Immigrants and Rights in the EU. Addressing the Gap between Social Science Research and Policy-making in the Stockholm Programme?

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

Keywords: Undocumented Immigrants and Rights; EU; Policy making; Stockholm programme;

Undocumented migrants are one of the most vulnerable groups in the EU. This report assesses the main findings and synergies of a selection of EU-funded research projects on irregular immigration and the status of undocumented migrants. It reveals that the results emanating from social science research contrast with the EU policy documents adopted in light of the forthcoming Stockholm Programme – the third multi-annua lprogramme on an Area of Freedom, Security and Justice. The authors argue that acknowledgement of the findings of independent research is lacking in EU policy, which continues promote a control-based approach to migration that has profound ethical and human rights implications. The report concludes with a set of policy recommendations aimed at overcoming the current inconsistencies in EU and national policies as well as in practices on irregular migration under the mandate of the Stockholm Programme.

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EU Counter-Terrorism Action. A fault line between law and politics?

EU Counter-Terrorism Action. A fault line between law and politics?

Author(s): Elspeth Guild / Language(s): English

Keywords: EU counter terrorism action; law and politics; liberty and security;

The dividing line between law and politics is often difficult to determine. While overtly political actors tend to highlight their capacity to make and change laws and thus control the underlying subject matter of the jurists and so tame legal institutions, legal actors tend to down play the role of politics in their activities. Indeed, in the legal world even the word ‘politics’ is to be avoided as suggesting that its cherished impartiality and independence is sullied by political considerations. In this contribution I will examine a clash between law and politics that is taking place rather publically regarding the EU’s legal reaction to the UN counter-terrorism measure on the freezing of funds.

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L’affaire des Roms.A Challenge to the EU’s Area of Freedom, Security and Justice

L’affaire des Roms. A Challenge to the EU’s Area of Freedom, Security and Justice

Author(s): Anaïs Faure Atger,Sergio Carrera / Language(s): English

Keywords: EU’s Area of Freedom; Security and Justice; France; political conflict; EU law and the EU Charter of fundamental rights;

The summer of 2010 will long be remembered in Europe for what has become known as “l’affaire des Roms” inFrance. The case has revealed profound institutional tensions at EU level between the French government and the European Commission and the European Parliament. The political spectacle that has unfolded has only complicated and added confusion to the actual nature and relevance of the affair from an EU perspective. In particular, it has obscured the legality of the eviction and expulsion of Romanian and Bulgarian nationals of Roma origin from France in light of that country’s obligations in the context of EU citizenship and free movement law, as well as its profound implications for fundamental rights protection. The Roma affair has constituted a severe test of the legitimacy of the EU’s AFSJ and the overall effectiveness of the EU’s legal landscape. The developments in France have demonstrated the limits ofcurrent EU enforcement mechanisms in providing a swift and depoliticized answer to contested national measures whose compliance with EU law and fundamental rights remains questionable.

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Reinforcing Interregional Cooperation between the EU and the GCC. Scenarios for a Modification of Visa Policies

Reinforcing Interregional Cooperation between the EU and the GCC. Scenarios for a Modification of Visa Policies

Author(s): Elspeth Guild,Anaïs Faure Atger / Language(s): English

Keywords: Interregional Cooperation; EU; GCC; Modification of Visa Policies;

Both the EU and the Gulf Cooperation Council (GCC) are major political and economic actors, and the development of strategic partnerships in selected areas between the regions is among the priorities on their respective agendas. The existence of complex visa policies and practices between the two regions, however, constitutes a fundamental barrier preventing the promotion of exchanges between these regions when encouraging people-to-people contacts, developing commercial relations or exchanging knowledge. This paper aims at evaluating the possibilities for the visa rules of both regions being modified in order to reflect the privileged partnership that the EU and the GCC are willing to further develop. It concludes by putting forward policy recommendations and three scenarios on the possible ways to overcome current issues and implement new strategies for visa policy in the context of public diplomacy and outreach in EU–GCC relations.

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The Cost of Non-Europe in the Area of Legal Migration

The Cost of Non-Europe in the Area of Legal Migration

Author(s): Sergio Carrera,Julia Guerin,James Dennison,Meena Fernandes,Nadzeya Laurentsyeva,Zvezda Vankova,Lina Vosyliūtė / Language(s): English

Keywords: Cost of Non-Europe; Legal migration; Area of Freedom Security and Justice; cost drivers; Binding Immigration Code;

This Research Paper is a contribution to a wider cost-of non-Europe assessment in the Area of Freedom Security and Justice requested by the European Parliament’s Committee on Civil Liberties that can be found here. The research takes stock of the state of play in European Union cooperation in the area of legal immigration. The Research Paper identifies gaps and barriers of current sectorial and fragmented EU legal immigration acquis. It assesses their economic impacts and impacts at individual level in terms of fundamental rights protection and non-discrimination laid down in international, regional and EU human rights and labour standards. The research highlights the need for ‘more EU’ in upholding equal treatment standards between third country workers with EU nationals in relation to working and living conditions. The Research Paper elaborates on the potential benefits, cost drivers and feasibility of different policy options for the EU ranging from: better enforcement, to the gradual extension of EU legislation towards other labour market sectors or bringing back to the idea of a Binding Immigration Code. The research concludes that EU internal market, national administrations as well as EU and Third Country Citizens would benefit from more homogenous policy approach in the area of legal migration.

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№ 83 Enhancing the Common European Asylum System and Alternatives to Dublin

№ 83 Enhancing the Common European Asylum System and Alternatives to Dublin

Author(s): Elspeth Guild,Cathryn Costello,Madeline Garlick,Violeta Moreno-Lax / Language(s): English

Keywords: asylum seekers;

Upon request by the LIBE committee, this study examines the reasons why the Dublin system of allocation of responsibility for asylum seekers does not work effectively from the viewpoint of Member States or asylum-seekers. It argues that as long as it is based on the use of coercion against asylum seekers, it cannot serve as an effective tool to address existing imbalances in the allocation of responsibilities among Member States. The EU is faced with two substantial challenges: first, how to prevent unsafe journeys and risks to the lives of people seeking international protection in the EU; and secondly, how to organise the distribution of related responsibilities and costs among the Member States. This study addresses these issues with recommendations aimed at resolving current practical, legal and policy problems.

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