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The EU in the G8 System: Assessing EU Member States’ Involvement

NASRA, Skander; LESAGE, Dries; ORBIE, Jan; VAN DE GRAAF, Thijs
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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Even though the role of the European Union (EU) in international organizations has generated increasing academic and political interest, scant attention has been devoted to the EU’s participation in the Group of Eight (G8). The launch of the renewed Group of Twenty (G20), however, has sparked intense debate among member states about the way in which the EU is represented in the G8 system. The central issue covered in this paper is the participation of the EU in the G8 system. In particular, we focus on the involvement of the 23 non-G8 EU members (EU23) and the role of the European Commission and the Council Presidency. The focus lies on the internal EU level, rather than on the question of the EU’s bargaining power at the international level. The paper draws on insights of Moravcsik’s liberal intergovernmentalism to explain the variation of the EU23’s involvement in the following policy domains: development aid, energy, finance and monetary affairs and trade. The paper finds a pattern of differing involvement that varies along the lines of the three forums within the G8 system: low involvement in the G8, medium involvement in the G20 and high involvement in the Group of Seven (G7). Four factors are suggested that explain the involvement of the EU23 in the internal EU coordination process: internal competences...

Improving the EU Immigration System: Reflections in the Light of the Return Directive

OLMOS GIUPPONI, Maria Belen
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper focuses on the current state of EU immigration legislation and aims to provide a critical analysis and suggestions for improvement in the future. Over the past ten years, EU Summits have emphasized the need for the adoption of new legislative measures in order to converge to a true European common policy on immigration. Nowadays, the mainstream debate on immigration in Europe focuses on several different topics. On the one hand, there is the need to secure the borders and control undocumented immigration, while on the other hand there is the question of the protection of migrants’ human rights and the improvement of the EU immigration system. There is also a third element, which concerns the EU relations with the immigrants’ countries of origin. I intend to examine the new return Directive in the light of EU law and of international human rights law. This Directive sets out the rules and principles to be applied by Member States in cases of illegal immigration, and the measures to be taken by the EU Members. The Directive covers different areas and it applies to third country nationals who do not fulfil, or no longer fulfil, conditions of entry in accordance with EU legislation. In addition, the paper will discuss whether it is possible for the EU to adopt a policy to contribute to the local development of the countries of origin. Within this framework...

State Discretion as a Paradox of EU Evolution

FOROWICZ, Magdalena
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The notion of State discretion is a fundamental concept for the determination of powers and the effective functioning of regional and international legal systems. It is an inherently controversial notion in a system such as the European Union, as it implies that a freedom of decision and interpretation is left to Member States. State discretion disturbs and fosters diversity, thereby potentially threatening the coherent development and harmonisation of EU law and policies. Nonetheless, as part of an expanding EU, it becomes increasingly difficult to build consensus among States with varied legal, economic and political traditions. The increasingly pluralist nature of the EU membership and regime often requires patience and compromise. In this context, the notion of State discretion could play an important role in improving the efficiency of EU law and relations between EU Institutions and Member States. This Working Paper envisages State discretion as process which is defined in the ex ante legislative phase and the ex post judicial phase. As an alternative to the principle of subsidiarity, this paper proposes a different and more comprehensive framework for interpreting relations between Member States and EU Institutions. It is also part of a longer study focusing on several areas of EU Law.

Bite the bullet : trade retaliation, EU jurisprudence and the law and economics of ‘taking one for the team’

HOEKMAN, Bernard M.; MAVROIDIS, Petros C.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper discusses the Fedon case law of the European Court of Justice (ECJ), which involved a claim for compensation by Fedon (an Italian producer of eye glass cases) from the EU for the imposition of WTO-authorized retaliatory trade barriers by the United States following the failure by the EU to comply with an adverse ruling by the WTO regarding its import-regime for bananas. As a result of the EU non-compliance, European banana distributors and some bananas producers benefitted from WTO-illegal protection, at the expense of a set of EU exporters, including Fedon, that were hit by US countermeasures. By not complying with its international (WTO) obligations, the EU redistributed income across producers in different sectors as well as between suppliers and consumers of bananas. Fedon contested the non-compliance by the EU before the ECJ and sought compensation. This paper assesses the ECJ ruling against Fedon and argues that the ECJ got it wrong, both in terms of legal principle and as a matter of legal technicalities. An alternative approach is proposed that would better balance individual rights to property against the ‘general’ EU interest whether or not to comply with adverse WTO rulings.

ADR in B2B disputes in the EU telecommunications sector : where does the EU stand and what does the EU stand for?

WARWAS, Barbara Alicja
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper analyses the application of alternative dispute resolution (ADR) mechanisms to disputes arising between telecommunications undertakings under the EU Telecommunications Package, as revised on November 4, 2009. The new rules aimed at facilitating the development of the EU common telecommunications market, and were designed to increase the powers of national regulatory authorities (NRAs) across the Member States in the imposition of regulatory obligations in a coherent manner. One key reform concerned the centralisation of the dispute resolution functions of NRAs. Within the new dispute resolution prerogatives, NRAs were empowered with a right to determine their appropriateness for handling regulatory disputes between telecommunications undertakings or to decline their jurisdiction should other ADR means be available and more suitable for the resolution of regulatory disputes. This paper examines the mere development of ADR in telecommunications disputes in the UK, Ireland and Poland following the revision of the EU Telecommunications Package. Moreover, the paper analyses the effectiveness of the recent European Union (EU) policy on promoting ADR within the EU legal order against the background of the fragmented national approaches to ADR...

Pretending there is no union : non-derivative quasi-citizenship rights of third-country nationals in the EU

KOCHENOV, Dimitry; VAN DEN BRINK, Martijn
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The enjoyment of some rights by third-country nationals in the EU is not dependent on the primary beneficiary of rights (be it a person or a company), thereby connecting the third-country nationals with the law of the Union directly, without any proxy Moreover, in essence some of such rights are remarkably similar to the rights that EU citizens enjoy. Such directly enjoyable quasi-EU citizenship rights and their holders – many a category of third country nationals – constitute the key focus of this contribution, which aspires to walk through all the main statuses of third country nationals in the EU enjoying direct – as opposed to derivative – quasi-citizenship rights in the Union. Concluding such overview three significant interrelated problems with the way how third country nationals are treated in the EU are outlined: EU migration regulation assumes the denial of the legal political reality of the Union; 1. EU migration regulation bars rationality from being taken into account when third country 2.nationals’ rights are at stake; EU migration regulation sends a problematic signal that the goals and principles of the Union 3.can be consistently ignored. We argue that such treatment of the legal-political reality of the European integration project is most unhelpful and has to be changed.

In the aftermath of the crisis : the EU administrative system between impediments and momentum

CHITI, Edoardo
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The European responses to the financial and public debt crisis have triggered a process of administrative reorganization and growth within two fundamental sectors of the EU, the internal market of financial services and the EMU. This paper argues that the process of reorganization and growth of the EU administrative machinery within the single financial market and the EMU is characterized by a number of inherent tensions. Four of them are prominent and refer, respectively, to the powers conferred to the satellite administrative bodies established in order to tackle the crisis, to the jurisdictions of the new administrations, to the degree of centralization which is sought within the new mechanisms for the implementation of EU laws and policies, to the accountability mechanisms. When assessed in the light of their capability to improve the EU administrative capacities, such tensions appear to be deeply ambivalent. On the one hand, they might operate as «fault lines» of the whole EU administrative machinery, destabilizing its functioning in two important fields of EU action. On the other hand, by pointing to a host of unsolved issues in EU administrative law, they provide an opportunity for opening a genuine institutional and scientific discussion on the ways in which the EU administrative system should be adjusted or reformed.

EU-China security cooperation in context

KIRCHNER, Emil J.; CHRISTIANSEN, Thomas; DORUSSEN, Han
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The paper has two main aims. First it seeks to explore whether security cooperation between the EU and China is taking place, and if so, whether it is evenly spread across a number of security dimensions. Second it intends to investigate the underlying motives or drivers that either facilitate or inhibit EU-China security cooperation. Further, it will explain why the EU rather than EU member states is chosen as the unit of analysis, explore the development of EU-China security relations, and illustrate how historical legacies, identity aspects and differences over key issues, such as sovereignty and territorial integrity, affect EU-China security relations. In addition, it will deal with the theoretical and conceptual underpinnings of the study on EU-China security relations, paying particular emphasis to the concepts of diffusion and convergence. Whether or not EU-China security cooperation converges in one of the ten chosen security dimensions will be assessed by the degree of policy conformity the EU and China are able (or unable) to obtain with regard to threat perceptions and policy response thereto. Attention will be devoted to diffusion factors which can affect changes in the perception of threats and response thereof. Among these factors are changes in (geo-political) structure...

Bringing EU Migration Cooperation to the Eastern Neighbourhood: Convergence beyond the acquis communautaire?

HERNÁNDEZ I SAGRERA, Raül; KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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The European Union (EU) external cooperation in the migration field has been mostly developed in Eastern Europe. Indeed, the EU migration cooperation with Russia and Eastern Partnership countries has so far had outcomes in the issue areas of readmission, visas, border management and even labour migration. Policy Tools such as readmission agreements, visa facilitation agreements, FRONTEX working arrangements and Mobility Partnerships are being implemented gradually to the whole East European countries. Some of them have even been proposed to Belarus, a country with no contractual relations with the EU. Being this the state of affairs, this paper's objectives are twofold. Theoretically, it challenges the widespread assumption in the literature that the EU only seeks to Europeanise its neighbourhood, claiming that it also promotes international norms and the conclusion of agreements with third countries. Empirically, it analyses the evolution of the adoption of the policy tools mentioned above in the whole of the Eastern Partnership countries, in order to provide an account of the EU migration cooperation in the area. Special attention is paid to the role that other international actors - namely the International Organisation for Migration - play in the EU cooperation with Eastern Europe.

A comprehensive labour market approach to EU labour migration policy

MARTIN, Iván; VENTURINI, Alessandra
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Opening up new legal migration channels' to respond to economic needs for labour is one of the four priorities of the European Commission for its upcoming European Agenda on Migration. The EU approach to legal labour migration has, to date, been very fragmented and limited. It has focused, indeed, on specific categories of potential legal migrants: highly-qualified, intra-corporate transferees, seasonal workers or students and non-remunerated trainees and researchers. The approach is clearly not up to the challenges posed by the EU labour market prospects and does not integrate, in a comprehensive way, all third-country nationals accessing European labour markets, including family reunification beneficiaries, asylum-seekers and foreign students. The main challenges related to the development of a EU labour migration vision are the following. How to articulate intra-EU mobility and international migration to the EU labour market? How to make EU- and Member States legal migration systems and competences compatible? How to ensure that employers can tap workers from a sufficient pool of suitably qualified individuals (and that qualifications obtained abroad are recognized)? And how to reduce international labour matching costs? This policy brief aims to provide some ideas to address those challenges over a medium- to long-term perspective...

Egypt's asymmetric integration in the EU : the making (and unmaking) of a neoliberal borderland?

ROCCU, Roberto
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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There is little doubt that the EU has played a key role within the wider constellation of forces pushing several Arab Mediterranean countries on the path of economic reform since the late 1980s. This is particularly clear in the case of Egypt, where the EU has been able to differentiate itself from international financial institutions and main donors in two crucial respects. On the one hand, it has proposed integration through a gradualist approach to economic reforms. On the other hand, within the wider process of multiscalar restructuring, the EU has tried to entrench its own model of integration through re-regulation in its periphery, promoting EU standards in several key areas ranging from agriculture to banking to telecoms. Following from these processes, Egypt has been asymmetrically integrated in the EU’s economic ‘sphere of influence’, a process which in turn has contributed to three fundamental forms of differential integration within Egypt. One is most obvious and has a sectorial nature, with some parts of the Egyptian economy highly integrated with, and others effectively prevented access to, the EU market. The second form of differential integration is socioeconomic, and has seen outward-oriented sections of the Egyptian elite capturing most benefits of integration...