bluuebunny/crossref_metadata_2025 huggingface dataset:
Forging EU Foreign Policy Unity from Diversity: The ‘Unique Case’ of the Kosovo Status Talks
Authors: Ker-Lindsay James , Economides Spyros
Published: April 2022

This article explores the way in which the European Union (EU) attempted to forge a united position on the question of Kosovo over the course of the latter stages of the status process, which ran from late 2005 until the end of 2007. Following an overview of the development of EU foreign policy decision-making processes, the work analyses how these were applied in the case of Kosovo. It shows that while significant efforts were made to reach a united position on the question of recognition, these efforts eventually proved to be unsuccessful. The EU Member States ultimately agreed to the establishment of a law and order mission for Kosovo. To some, this was a success, but it cannot disguise the fact that procedural changes in the EU’s foreign policy decision-making do not cover up for diverging Member State interests and that the EU was unable to take charge of what was essentially a European issue.
Promoting Democracy in Algeria and Tunisia? Some Hard Choices for the EU
Authors: Morisse-Schilbach Melanie
Published: April 2022

Much has been written about EU democracy promotion policy towards the Middle East and North African (MENA) countries from a European perspective. Few studies, however, have focused on the perspective of MENA states’ foreign policy, that is, on factors influencing their policy orientation and adaptive behaviours towards the EU. This article seeks to analyse adaptation strategies of MENA states’ governments by using comparative Foreign Policy Adaptation (FPA) and adaptation theory as conceptual framework. Adaptation theory, it is argued, has an added threefold value: it describes and analyses specific balance sheets of two independent variables – ‘influence capabilities’ on the one hand and ‘stress sensitivities’ on the other. Furthermore, adaptation theory highlights specific cooperation dilemmas for both MENA countries and the EU. Following that, it finally helps to identify hard choices for the EU.
Eyes Wide Shut: The European Union and the Arab Minority in Israel
Authors: Voltolini Benedetta , Tocci Nathalie
Published: April 2022

Israel-Palestine has been a constant agenda item in EU foreign policy. Yet there is one dimension of the Israeli-Palestinian conflict that EU policy has largely sidelined: the Arab minority in Israel. The EU is aware of the problems of the Arab citizens of Israel. Yet such awareness has not translated into an EU policy towards the minority. Conditionality has never been considered an adequate policy mechanism with which to influence the situation of the Arab minority. More surprisingly, the EU has tended to focus only marginally on the minority through its declaratory diplomacy and its dialogue with and assistance to Israel. Stemming from this analysis, this article explores the reasons why the EU has tended not to focus on this issue in the context of its multifaceted relationship with Israel. The reasons are both context-specific and general. Generally, in view of the undefined nature of national minorities and minority rights in international and EU laws, the EU has tended not to focus on minority rights in its external action. Specifically, the EU has shied away from acknowledging and acting upon the link between the deterioration of the status of the Arab minority and the broader exacerbation of the Israeli-Palestinian conflict. Paradoxically, it is precisely the EU's approach to Israel and the Israeli-Palestinian conflict that underpins its lack of policy towards the minority.
A Rhetorical Spillover? Exploring the Link between the European Union Common Security and Defence Policy (CSDP) and the External Dimension in EU Counterterrorism
Authors: Argomaniz Javier
Published: April 2022

The European Union (EU) counterterrorism policies have often been viewed through the prism of the EU's Area of Freedom, Security and Justice (AFSJ). Yet although macro-strategic decision-making is mainly located within the Council's Secretariat and Council of Justice and Home Affairs (JHA) Ministers, its external dimension reserves a role for the EU's Common Security and Defence Policy (CSDP).This rhetorical 'spill-over' of an internal security concern onto the CSDP is an interesting yet under-researched development. This is partially due to the fact that CSDP is far from being one of the most developed aspects of the European counterterror response.Yet this occurs in a context where the need for an active use of CSDP as a counterterrorist tool is emphasized in high-level political proclamations. This article will, therefore, aim to explain this disparity between EU discourse and reality. In addition, and building on recent debates in the field of terrorism studies, it provides a critical assessment of the conceptual foundations that link CSDP and Counter-terrorism (C-T) in the EU's discourse while evaluating the short- and medium-term potential for a more vigorous evolution of these policies.
The EU, the Somalia Challenge, and Counter-piracy: Towards a Comprehensive Approach?
Authors: Petretto Kerstin , Ehrhart Hans-Georg
Published: April 2022

Somalia is recognized as posing one of the most intractable challenges to the international community. The country's problems range from violent conflict and the failure to agree on sustainable government structures to humanitarian disasters. Somalia also provides a hub for terrorists and organized crime, of which piracy is the most prominent aspect, as it not only endangers humanitarian aid deliveries but also poses a risk to maritime trade. The European Union (EU) is one of the few actors equipped to take up the Somali challenge with a variety of instruments and to support the process of finding a political solution. This article illustrates the EU's multifaceted effort to engage with the Somali crisis, which has been labelled a 'comprehensive approach'. It places particular emphasis on the Atalanta naval mission, which is widely regarded as the strongest component in the effort to deal with one of the transnational challenges emanating from the region. The aim of the article is to assess the EU's approach towards Somalia in general and piracy in particular and to identify opportunities, challenges, and limits in tackling a complex crisis of this kind in a comprehensive manner.
EU-Turkey Pre-Accession Policy and Its Impact on Democracy and State Quality
Authors: Szymanski Adam
Published: April 2022

An important question raised by many political scientists is the impact of the EU enlargement policy on the democracy and state quality of candidate countries. It concerns not only the previous enlargement rounds (first of all the Southern and later the Eastern enlargement), but also the current process. The present determinants such as enlargement fatigue and more cautious EU enlargement strategy allow for a hypothesis that the aforementioned impact is changing. This article analyses the case of Turkey. Assuming a new institutional approach, the author intends to answer the question how the institutional framework changes of the EU enlargement policy (the principles of the enlargement strategy as well as formal and informal rules and mechanisms), particularly the EU-Turkey pre-accession policy influence the consolidation of the Turkish democracy as well as the redefinition of state model and state-citizens relations. Another question is also worth analysing: Will the negative developments (e.g., deficits of the principle of conditionality or politicization of the enlargement process) stop definitely the changes in Turkey driven by the pre-accession process - that is, the transformation of hegemonic nature of the state to build more liberal-democratic and citizen oriented regime? It is argued that there are other factors which will enable the development of these processes even if the EU enlargement policy loses its effectiveness. However, in this case the result of the consolidation of the Turkish democracy is far more uncertain.
The EU and the Security-Development Nexus: Bridging the Legal Divide
Authors: Merket Hans
Published: April 2022

The need to enhance the coherence of EU security and development policies is stressed in numerous EU policy declarations. This article analyses this commitment against the background of the legal architecture of EU foreign policy. This demonstrates that the political simplicity with which this commitment is often put forward tends to hide the complexity of this undertaking in an external action system that submits the policy fields of development cooperation and the Common Foreign and Security Policy (CFSP) to different rules and procedures. While the EU institutions have increasingly targeted development and security policies at the mutual challenges of insecurity and poverty, the lack of a shared and comprehensive strategy leads to significant improvisation. On the one hand, the ad hoc replies to this commitment have resulted in the development of a particularly fragmented EU toolbox to deal with these challenges. On the other hand, this raises important questions regarding the choice of appropriate legal bases for the various policy initiatives that span the security-development nexus. It is argued that the Lisbon Treaty, by interlinking the CFSP and development cooperation both constitutionally and institutionally, creates significant opportunities that, combined with the necessary political will, allow the EU to move beyond its ad hoc approach.
The European Unions Strategic Gas Supply Options and the Prevalence of the Southern Corridor
Authors: Fernandes J.P. , Ermida Graça
Published: April 2022

In years to come, the European Union (EU) will significantly increase its gas consumption. Current estimates predict the EU will need to import up to 80% of the gas it will consume in 2030.Already there is a strong concern about its reliance on Russian gas, especially in Eastern European countries. This article gives a novel insight on the different options the EU has to reduce its dependency on Russia while ensuring energy supply. We evaluate different alternatives including exploring shale gas, increasing imports of Liquefied Natural Gas (LNG) and diversifying suppliers. Our aim is to explain why despite the various options, EU main priority seems to be investing in the Southern Gas Corridor. In this scenario, Turkey maintains its geostrategic importance to the EU due to its ability to serve as a hub country while maintaining strong relationships with supplying regions.
The European Union and the Central American Common Market Signs an Association Agreement: Pragmatism versus Values?
Authors: Gomez Arana Arantza
Published: April 2022

This article discusses the association agreement between the European Union and Central America signed in 2010.The importance of this agreement is crucial in international relations since it is the first successful association agreement between two regional groups that include trade, political dialogue and development aid. The central argument of this article sustains that the agreement was possible thanks to the efforts of the Spanish diplomatic team. However, this was not sufficient and the efforts of Central American countries were absolutely essential. The main events that influenced the agreement are analysed in order to find the reasons behind the agreement: the Spanish presidency; the bananas conflict between the EU, the US and Central American countries; and the political conflict in Honduras.
Resisting the European External Action Service
Authors: Vanhoonacker Sophie , Pomorska Karolina
Published: April 2022

The article joins the discussion on the resistance to norms in Common Foreign and Security Policy (CFSP) by focusing on the European External Action Service (EEAS). It begins by defining the norms that are associated with the EEAS as: (1) close cooperation by the Member States with the EEAS, (2) sharing information and (3) abstaining from influencing staff of one’s own nationality and Seconded National Experts (SNEs) along one’s own national interests. Then, the authors continue by analysing the types of resistance and explaining why the Member States choose to resist the norms related to the organization they had previously created with a unanimous decision. The article concludes that even if soft rules may at first seem to be less costly than hard laws, their less constraining nature does not automatically imply less resistance. All three types of instruments identified by Saurugger and Terpan in the introduction1 have been used for resistance with information and communication being the most commonly employed. Cognitive distance between the European and national level seem to have stronger explanatory value than the financial and social resources of Member States.
Coherence in the EUs External Human Rights Policy: The Case of the Democratic Republic of the Congo
Authors: Verdonck Lieselot
Published: April 2022

Human rights are at the forefront of the European Union’s (EU) foreign policy. Although the former pillar structure was abolished by the Treaty of Lisbon, the external action is still characterized by a multiplicity of institutional actors, policy instruments and decision-making procedures. Nevertheless, the EU is legally obliged to conduct a coherent policy. The pressing question is thus whether there is truly ‘a’ external human rights policy. In order to answer this question, this article examines the bilateral relationships between the EU and the Democratic Republic of the Congo (the DRC).The analysis is structured according to three mechanisms that can serve to protect and promote human rights in third countries, notably conditionality, positive measures and defence actions.
Beyond Intergovernmental Cooperation: The Influence of the European Parliament and the Commission on EU Foreign and Security Policies
Authors: Rosén Guri , Riddervold Marianne
Published: April 2022

Although the Lisbon Treaty removed the pillar structure, the Member States have kept the Common Foreign and Security Policy (CFSP) as an intergovernmental instrument, run by special procedures. At the same time, the reality of this description is increasingly questioned in the European Union’s (EU) foreign policy literature. However, the role of supranational institutions in the CFSP remains to be studied systematically. There are no empirical studies that try to capture the de facto involvement and influence of both the Commission and the European Parliament (EP) in the CFSP. Aiming to contribute to fill this gap in the literature, this article explores if and in what way the involvement and influence of the Commission and EP testify to the claim that the CFSP has moved beyond intergovernmental cooperation. Our findings challenge the way we conventionally perceive of EU foreign policy cooperation as a policy-area firmly placed in the hands of Member States’ executives. Although the Member States formally remain in position to veto all final decisions, the EP and Commission’s involvement and influence on CFSP decision-making questions the reality of this right. Our analysis thus questions whether decision-making within the CFSP is as special as a reading of the treaties might suggest.
The NAPCI in the Volatile Security Environment of North-East Asia: Which Role for the European Union?
Authors: Reiterer Michael
Published: April 2022

President Park’s efforts to promote unification of the Korean Peninsula centres around ‘Trustpolitik’ with the North East Asian Peace and Cooperation Initiative (NAPCI) at its focal point. NAPCI is built on three pillars: First, trust-building with the DPRK concentrates on the divided peninsula with unification as the ultimate goal; secondly, NAPCI addresses the entire sub-region (comparable to the European Neighbourhood Policy) while, thirdly, the Eurasia Initiative docks onto the various connectivity or ‘One Belt, One Road’ initiatives by ASEAN and China respectively. In overcoming the legacies of its own past European states opted for deep integration in founding the European Union (EU).Therefore the article discusses the concept of ‘Trustpolitik’ and its implementation, deals with the challenges posed for NAPCI in the regional context, analyses the EU’s potential to contribute to the Initiative in highlighting positive examples of regional cooperation and trust-building in the European context and indicates how the EU could play a positive role in developing the Initiative.
EU Policies in the Arab World: Update and Critical Assessment
Authors: Stemberger Anton , Henökl Thomas
Published: April 2022

This article provides an update and critical assessment of EU action in the Middle-East and North Africa (MENA), a region frequently referred as to the European Southern Neighbourhood. It examines the different instruments and approaches, which are put at work by a variety of institutional actors (EU Commission, Directorate-Generals (DGs), Development Cooperation (DEVCO), EU’s Humanitarian Office (ECHO) and Neighbourhood and Enlargement Negotiations (NEAR); as well as the EEAS and the Member States), and which in their combination are shaping the EU’s MENA policy. The particular focus is on the politico-organizational interplay between the EU’s institutional architecture, and the effects of EU policies on the political order in the Middle-East and the ArabWorld. The questions are: What can we reasonably expect from EU external action in MENA? Does EU foreign policy-making at all affect power and governance structures in the MENA region? To what extent, and under what conditions is the EU likely to contribute to promoting democracy and stability? Adopting a case study research strategy, the article analyses the design and implementation of individual policy issues in the areas of security, crisis management, international cooperation and development, and studies the effects thereof in three countries within the region. Based on document review, interviews with policy makers and direct observation, taking into account the local context in recipient countries, as well as the regional and geopolitical dimension, the article contributes to empirical research on EU action in a global hotspot area, undergoing turbulence and violent transformation. Results point to an overstrained Europe, ill-prepared underperforming in the face of the colossal challenges in a radically transformed socio-political and security context. The consequence has been a series of uncoordinated ad-hoc actions by individual member states and the general sense of disunity.
Perceptions of the European Unions Fledgling Delegations: More Coherence, More Effectiveness?
Authors: Elgström Ole , Chaban Natalia , Kelly Serena
Published: April 2022

The debate surrounding the challenge of improving coherence in European Union (EU) foreign policy is ongoing. EU Delegations (EUDs), operating under the European External Action Service (EEAS) were recently established to provide a focal point for the EU in third countries, providing potential for improving EU coherence. Using the case study of the EUDs, this article adds to theorizations of EU coherence – defined as the absence of contradictions between policies and positions, and between words and deeds – through elaborating the notion of external engagement coherence. Questioning the assumption that improvement of EU foreign policy coherence leads to the improvement of its effectiveness, the article analyses perceptions of the EUDs in three EU strategic partners – China, Russia and India. The article finds that the creation of the EUDs does not necessarily mean more perceived coherence for the EU. In spite of this finding; EUDs were nevertheless often viewed as effective, especially in certain areas.
Shaping a Hybrid CFSP to Face Hybrid Security Challenges
Authors: Streltsov Volodymyr , Moskalenko Oleksandr
Published: April 2022

Despite the formal abolition of the ‘pillars’, in practice they have been preserved by special rules for the Common Foreign and Security Policy (CFSP). The current academic discourse about the CFSP reflects the dichotomy of supranational and intergovernmental EU components. The Russian ‘hybrid war’ as well as the concept of a ‘comprehensive approach’ for crisis management stressed the inter-dependence of different EU policies as well as the common responsibility of the EU institutions with no place for the existing division of the EU foreign policies. The article argues that the further development of supranational practices within the CFSP is a rational response to current ‘hybrid’1 challenges. This argument is supported by the post-Lisbon CFSP institutional dynamics, which reveal the need for synergy in this policy area and simultaneously offers a number of practical steps towards re-shaping its institutional architecture.
The Political Question Doctrine as Applied to Common Foreign and Security Policy
Authors: Lonardo Luigi
Published: April 2022

Recent case law of the Court of Justice of the European Union (CJEU) has increased the uncertainty with regard to its jurisdiction on provisions and acts of the Common Foreign and Security Policy (CFSP) in the Treaty on the European Union (TEU). While Article 24 TEU seems to exclude judicial control over CFSP acts which are not restrictive measures, the court has recently proved itself willing to adjudicate on them. This article proposes the introduction of a Political Question Doctrine, for the Court to clearly identify on what acts it does not have jurisdiction. After explaining the reasons for the introduction of the doctrine, the article proposes a threefold test, derived from the general principles of EU law and from US scholarship and jurisprudence, where the Political Question Doctrine has been object of much analysis and debate.
Regulatory Network Calibration in the EU-Korea Free Trade Agreement
Authors: Su Cho-Hsin
Published: April 2022

The European Union (EU) and South Korea (Korea) created the world’s biggest free trade deal since 1994 in 2011. It was not only the biggest in terms of economic size, it was also the most ambitious one that the EU has ever negotiated. The EU-Korea free trade agreement (EU-Korea FTA) is ambitious in the sense that it tackles not only the tariff barriers but also the non-tariff ones to reach full liberalization in trade. This article aims to weigh the European normative power via this interesting trade deal, the EU-Korea FTA. It takes a normative perspective to examine the concretization of the EU normative power with measurable standards, and tries to discern the impacts of the European values and norms on Korean reforms in trade. The article will focus on the regulatory network built up by the two sides in order to enforce and monitor the provisions especially on non-tariff barriers(NTBs) issues, and it concludes with the finding that the degree of normativity that the EU norms possess in Korean market is moderate, with strong rhetorical commitment, slow formal adoption, and unremarkable behavioural compliance. Certain European values have indeed been transformed into concrete regulations in the FTA, such as IPRs regulation, sustainable development, etc. However, for the implementation of the agreement to be effective, it takes not only government’s endeavour to enforce regulatory framework, but also more communication and cooperation on the social level to create this normative legitimacy for the Korean society to take in the European norms and values. It is believed that continuous dialogues through the regulatory network on different layers of the society would still be necessary on fostering and strengthening the bilateral relationship between the EU and Korea.
Geopolitical Othering Versus Normative Isomorphism? LGBTI Rights in Russia and Ukraine
Authors: Verpoest Lien
Published: April 2022

Since 2013, Russia has put forward a socially conservative norms and values paradigm that challenges the European Union’s (EU’s) normative pull in Eastern Partnership countries like Ukraine – especially when it comes to Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) policies. The adoption of legislation on ‘propaganda of non-traditional sexual relations to minors’ that same year and the homophobic discourse relating to the situation reinforced the link between state violence and homosexuality as a tool for geopolitical othering in Russia. Notwithstanding Ukraine's normative isomorphism towards the EU, the difficulties surrounding LGBTI activism since the signing of the Association Agreement illustrate that also in Ukraine the risk of extra-judicial violence and geopolitical othering remains. Yet at the same time, Ukraine's normative isomorphism towards the EU prevents policymakers from state violence towards and geopolitical othering, thereby effectively setting their state policies apart in an ever divergent path from their Russian neighbour.
The Prospects for EUAustralian Free Trade Negotiations and the Challenge of Brexit
Authors: Yencken Edward
Published: April 2022

The finalization of the Framework Agreement in 2016 and the opening of free trade agreement (FTA) negotiations in 2018 indicate a period of unparalleled cooperation in EU–Australia relations. Nevertheless, these developments have occurred in the context of Brexit. In analysing the likely impact of Brexit this article will consider past bilateral disputes which negatively impacted on Australia’s engagement with the EU and how it was perceived as an international actor. In recent decades, however, the establishment of the single market and the implementation of the euro have seen a broadening of relations. Significant bilateral agreements have been completed despite the emergence, more recently, of the eurozone crisis as a source of bilateral tension. There is now an opportunity to assess whether relations have matured so that a single issue such as Brexit may not negatively impact on bilateral cooperation.
Multilevel Constitutional Review and EU External Treaty Making After Opinion 2/15
Authors: van Calster Geert , Schöpgens Andreas
Published: April 2022

Regional free trade agreements (FTAs), such as the EU-Singapore (EUSFTA) or the EU-Canada Comprehensive Economic and Trade Agreement (CETA), foresee judicial mechanisms for investor state dispute settlement (ISDS). The EU Treaties (TEU and TFEU) remain silent on the competence nature of external institution-building. It is no surprise therefore that ISDS causes inter-institutional disputes. Constitutionality reviews at national and EU level are challenged by ISDS institution-building. Examples are the German constitutional court’s 2016 decisions on CETA and its investment court system (ICS), and the Court of Justice of the European Union’s (CJEU) Opinion 2/15 on the EU-Singapore agreement.

This article looks both at the national and supranational constitutional courts of a multilevel composite adjudication system of relevance to EU external relations, with a particular focus on ISDS. After some general considerations on Member State courts’ influences on EU external activities, the article compares the double-layered (competence and substance) review-approaches at both levels, to then analyse the recent application of these approaches to the Singapore agreement and CETA. The aim is to show that in external relations, as elsewhere, the EU depends on system-internal cooperation between its constitutional courts. As this is particularly important for institution-building, the article will also point to some legal uncertainties which these courts generate for ISDS.
The Dark Side of the Web: Cyber as a Threat
Authors: Missiroli Antonio
Published: April 2022

The number, scope, intensity and frequency of cyberattacks has increased exponentially and spectacularly over the past few years. Coupled with the recurrent political disinformation or radicalization campaigns run through online social media, or the potential misuse of commercially available technologies by terrorist groups, ‘cyber’ has become ever more critical as both an arena of, and a conduit to, individual and collective security and an increasingly contested ‘space’. Against this background, ‘cyber’ has become one of the most prominent agenda items for numerous international and regional organizations. This article clarifies key concepts and policy dilemmas in the ongoing debates, in particular on attribution and deterrence, and discusses how they impact the stability of the international system.
EU in Global Affairs: Constrained Ambition in an Unpredictable World?
Authors: Santander Sebastian , Vlassis Antonios
Published: April 2022

The European Union (EU) has a number of different powers in its toolbox. One of these policies lies at the core of the EU’s external competences – the common commercial policy (CCP) or common trade policy. This enables the EU to ‘speak as one voice’ in multilateral bodies and with third parties. The CCP, which has become stronger over the years, has developed into one of the bloc’s key international projection levers. However, the EU’s place and role in globalization are today being shaken chiefly by three major political factors: the rise of new powers, the United States (US)’ neo-mercantilist policies, and political divisions within the EU. Together, these three external and internal factors may be hastening a crisis for the EU. This raises the question: to what extent can the bloc influence its own destiny during this stormy period?

European union, international actor, common commercial policy, global trade, internal divisions, neomercantilism, diffusion of power
European Union’s Banking Diplomacy Law: A Legal Fragment of EU’s Foreign Affairs
Authors: Lonardo Luigi
Published: April 2022

This article takes the move from the recognition that the law of EU external relations is fragmentary. EU foreign affairs are conducted through a Common Foreign and Security Policy (CFSP), a Common Commercial Policy, and other competences with external implications. This article is dedicated to one of such competences, whose external side has been hitherto largely underexplored: the monetary policy of Member States whose currency is the Euro. With a view of offering a first assessment of this ‘banking diplomacy’ law, the article outlines the main legal features of the external aspects of Banking Union (BU) and their interactions with other external relations competences. It does so by following four themes: investment, external representation, prudential supervision, and resolution.

Banking Union, External Relations Law, Diplomacy, European Union, Banking Law, Single Supervisory Mechanism, Single Resolution Mechanism, Investment Law
The EU’s Approach to Human Rights in Egypt: Views from Civil Society
Authors: Moisseron Jean-Yves , Fazzani Selma
Published: April 2022

Before the Arab uprisings, the EU wishfully pinned its hope on a spill-over effect from trade to political reform as well as onto actors’ socialization. In Egypt, this strategy fell prey to Mubarak’s ‘carrot-and-stick’ approach to the nascent NGO sector and its adjusted policy discourse that resonated with Brussels. Drawing upon Mubarak’s mistakes, the post-Revolution regime morphed into an overtly repressive apparatus designed to ‘kill’ civil society and prevent a new 25 January to occur. In this space, within which the EU enters as an external actor, our findings indicate that even if its presence is perceived in a positive light in many instances, actors highlight what they view as an EU shift toward more security-oriented practices, underpinned only by Cairo rulers’ efforts to reframe cooperation around a ‘fight-against-terrorism’ agenda that continues to sway from the realization of human rights-particularly of gender justice.

Egypt, Human Rights, European Union, European Union, Egypt, Human Rights, Civil Society, Democracy, Authoritianism
Lebanon in Transition: Perceptions of the EU in a Fast Changing Landscape
Authors: Goulordava Karina
Published: April 2022

Lebanon has recently experienced waves of protests (2005, 2015, 2019) dominated by demands for more social and ecological justice as well as appropriate public services. EU policies, however, are perceived in Lebanon as rather removed from this local reality. This is showcased for three key issues related to democracy and human rights in Lebanon, namely conflict, migration, and gender. Going more into depth – based on extensive interviews held in Lebanon with representatives from labour, women’s rights, youth, Islamic organizations, rural development, policy making and new social movements in 2018 – it is revealed that the EU’s presence is not only more invisible than that of other powers (such as the Gulf states, the US, or Russia), but also of its own Member States. Furthermore, its presence is perceived as changing, specifically because of its migration policies. Directly connected to this, its practices are frequently described as divisive, technocratic, unresponsive to local needs, civilizing, and close to the government.

Lebanon, Arab uprisings, human rights, European Union
EU Reform Agenda in Defence of the Judicialization of International Economic Law
Authors: Svoboda Ondrej
Published: April 2022

A widely-recognized ‘backlash against globalization’ has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance.

European Union, reform, judicialization, WTO, Appellate Body, UNCITRAL, investor-state dispute settlement (ISDS), multilateral investment court
Addressing Legitimacy in the EU’s Interregional Approach to Climate Change: The Case of the Parliamentary Assembly of the Union for the Mediterranean
Authors: Delputte Sarah , Bouckaert Reinhilde
Published: April 2022

The 2015 Paris Agreement adopted at the twenty-first Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) constitutes a major landmark in the combat against climate change. However, international climate governance and the climate deal have been confronted with concerns about their legitimacy and accountability. In the same vein, while the combat against climate change also takes centre stage in the EU’s inter-regional relations, the EU’s approach has suffered from democratic deficits as well. Literature on parliamentary diplomacy and interregionalism has pointed at the potential of inter-parliamentary assemblies’ monitoring and deliberation functions in addressing the legitimacy gap of intergovernmental agreements. This article puts the focus on the Parliamentary Assembly of the Union for the Mediterranean and climate change, and analyses to what extent and how the Assembly fulfills these monitoring and deliberation functions. In doing so, the article aims to examine how inter-parliamentary assemblies can contribute to the legitimacy of the EU’s inter-regional approach to climate change. The analysis is based on quantitative and qualitative text analysis, in-depth semi-structured interviews and participatory observation. The conclusion reads that, while the Parliamentary Assembly of the UfM (PA-UfM) has indeed used its monitoring and deliberative functions, there are several limitations related to the asymmetry between the EU and its Southern and Eastern Mediterranean partner countries, that hamper its potential contribution to add legitimacy to the Union for the Mediterranean’s (UfM) climate action.

Climate change, legitimacy, European Union, monitoring, deliberation, inter-regionalism, parliamentary diplomacy, inter-parliamentary cooperation, energy, Mediterranean
A Dataset, Software Toolbox, and Interdisciplinary Research Agenda for the Common Foreign and Security Policy
Authors: Lonardo Luigi , Palazzi Andrea
Published: April 2022

The article introduces a text corpus containing all the legal acts adopted by the European Union from 1 December 2009 till 30 June 2019; it also provides an open-source built-for-purpose software toolbox that can be used to re-create and manipulate the dataset. The dataset, as well as the software toolbox, are publicly available on GitHub at: https://github.com/ndrplz/eurlextoolbox. The article describes the content and possible uses of the dataset and maps out some potential applications thereof. Since EU law plays a key role in virtually all aspects of European integration, we believe that the dataset, by making the legal dimension easily accessible, could be of interest to an interdisciplinary audience. Building on previous literature on text-as-data approaches and qualitative methods applied to EU law, we make the case for an interdisciplinary agenda, and then illustrate it through research questions in a distinctive area of EU foreign affairs: the Common Foreign and Security Policy (CFSP).

European Union Law, European Union Law Database, Research Methodology, Data analysis, Text-as-Data, Corpus Analysis, Common Foreign and Security Policy
The EU’s Position in the Trade-Food Security Nexus: Embedded Neoliberalism Reinforced
Authors: Musch Marie
Published: April 2022

The link between food security and trade has been the subject of continuous debate, which reveals a spectrum of different paradigms on the preferred relationship between the market and the state. Particularly during episodes of salience, paradigms come to the surface and are challenged, reinforced or reinvented. This article therefore zooms in on such episodes, to provide a more refined picture of how this nexus is perceived within the European Commission. Firstly, ideal types of paradigms applicable to the nexus are set out in an analytical framework. Secondly, this framework will be used to distinguish which ideas are dominant and whether variation exists between different Directorates-General (DGs) involved. The dominant policy paradigm is traced during the 2007–2008/2010 world food crisis, through an analysis of the EU’s Food Security Policy Framework (FSPF) (2010) and policy statements issued by different sections of the Commission. Subsequently two politicized cases in the ‘policy practise’ are analysed, namely EU milk exports to West Africa (2018) and EU safeguard measures on rice originating from Cambodia and Myanmar (2019). Finally, the EU’s ‘Farm to Fork’ future food strategy (2020) is discussed, which highlighted food security the midst of the Coronavirus disease-2019 (COVID-19) crisis. Throughout the analysis, an embedded neoliberal paradigm is identified, which entails a dominant free trade orientation combined with flanking policies and a focus on temporary measures under exceptional market conditions.

food security, policy paradigms, EU trade, world food crisis, COVID-19
The Inconsistent Human Rights Agenda of EU Mediterranean Policy
Authors: De Perini Pietro
Published: April 2022

Vagueness and inconsistency in policy formulation represent an underlying factor for the longstanding weakness and ineffectiveness of EU human rights action towards the Mediterranean neighbourhood. This article aims to shed light on the causes of such flaws in policy-making and grasp their consequences on EU approaches on the matter, focusing on the competing preferences vis-a-vis the role and scope of human rights held by the key actors who have affected the direction of EU Mediterranean policy over time. The article argues that the roots of human rights inconsistency therein lie in the EU’s protracted incapability to coherently conciliate such competing views despite opportunities to do so emerging periodically throughout the last thirty years of Euro-Mediterranean relations.

EU Mediterranean policy, EU foreign policy analysis, human rights, political conditionality, Barcelona Process, European Neighbourhood Policy, civil society organizations
Situational Awareness for EU Decision-making: The Next Decade
Authors: Conrad Gerhard
Published: April 2022

In the face of increasing international risks and challenges, EU policies will need to rely more than ever on adequate and timely situational awareness. In view of Article 4(2) Treaty on European Union (TEU), voluntary contributions of Member States’ intelligence and security services channelled via the EU Intelligence Analysis and Situation Centre (EU INTCEN) and the Intelligence Directorate of the European Military Staff (EUMS.INT) will remain essential for the viability of EU decision-making. Furthermore, inputs from the EU satellite programmes, open source and social media exploitation, EU delegation reporting and Commission expertise will have to be added to that process in a more efficient, structured and timely way. Situational awareness has to be supported and protected by a resilient, secure and performant Information Technology (IT) – and command, control and communication (C3)-infrastructure connecting EU institutions, bodies and Member States, and keeping information safe. These are key components in increasingly embedding strategic foresight in EU policy-making and strengthening Europe’s autonomy.

Situational awareness, intelligence support, EU INTCEN, Single Intelligence Analysis Capacity (SIAC), EU decision making process, CFSP, CSDP, Resilience, Hybrid Threats, Security of EU Institutions
EU Foreign Policy Coherence in Times of Crises: The Integrated Approach
Authors: Tomat Stefano
Published: April 2022

With the number of multi-facetted crises on the rise, with an international governance system deteriorating, how is the EU performing in putting its acts together to respond to these challenging times? In building up its foreign policy over the last two decades, the European Union has gone a long way from seeking ‘coherence’ between Members States to an ‘integrated approach to conflicts and crises’ embedded into the 2016 Global Strategy for the European Union’s Foreign and Security Policy. Whilst still at an infant stage, the ‘integrated approach’ has led to institutional changes within the European External Action Service (EEAS), in particular the creation of a dedicated Integrated Approach for Security and Peace Directorate. Its aims for a given crisis are promoting a comprehensive political and strategic plan shared by theEUand itsMember States, acting in a unified manner and leading to synchronized actions. To be successful, including in the Union’s neighbourhood, the integrated approach will need to be based on strong, clear and common EU foreign affairs objectives aiming at securing sustainable peace.

EU Integrated Approach, EEAS, PSC, ISP, Central African Republic, PESCO, European Peace Facility, Coordinated Maritime Presences
Legislative harmonization and the integration of harmonized legislation into the national legal systems, within the european community
Authors: Maselis Ignace
Published: April 2022

Abstract. The Community’s harmonization efforts were at first aimed at attaining full harmonization in certain fields, whereby Community legislation would eventually completely replace national legislation in specific areas. However, under the direct influence of the Cassis de Dijon case law of the Court of Justice, the harmonization approach of the Community authorities evolved from a full to a minimal one. This case law has indeed made it possible to achieve the goal of a single market essentially by harmonizing national rules only insofar as necessary for the protection of essential interests and by the enforcement of mutual recognition of all other national rules.

Community harmonization measures not only impose obligations on the Member States but may also directly affect the position of individuals within the Member States. Thus, regulations which intend to create rights for individuals may be directly invoked before the national courts of the Member States. Whereas directives normally lack direct effect, except under certain circumstances, the courts of the Member States are under an obligation to interpret national law as much as possible in a directive conform way.

Résumé. Les efforts d’harmonisation de la Communauté visaient tout d’abord à obtenir une harmonisation complète dans certains domaines: la législation communautaire remplacerait complètement la législation nationale dans des domaines spécifiques. Cependant, sous l’influence directe de la jurisprudence de l’arret Cassis de Dijon de la Cour de Justice, l’approche adoptée par les autorités communautaires a évolué d’une harmonisation complète vers une harmonisation minimale. Cette jurisprudence permet, en effet, d’atteindre le but du marché unique essentiellement en n’harmonisant les règles nationales que dans la mesure nécessaire pour la protection d’intérêts essentiels, et en reconnaissant mutuellement tous les autres règles nationales.

Les mesures communautaires d’harmonisation imposent non seulement des obligations aux Etats membres, mais elles peuvent également affecter directement la position des personnes privées dans les Etats membres. Ainsi, les règlements qui visent à créer des droits pour les individus peuvent être invoqués directement devant les tribunaux nationaux des Etats membres. Là où les directives n’ont normalement pas d’effet direct, sauf sous certaines conditions, les tribunaux des Etats membres sont obligés d’interpréter les lois nationales dans un domaine spécifique le plus conformément possible aux dispositions des directives adoptées dans ce domaine.