The 2014 European elections represent a step towards ending the democratic deficit of the EU, given that political parties will nominate their candidates to the post of European Commission President, who will be elected by the European Parliament. What other steps should the EU take to increase the role of its Parliament and to eliminate the democratic deficit? By Tim Backhaus (FI) & Dirk Hofland (NL)
Democratic deficit: A term to indicate that an institution lacks democratic legitimacy and accountability to the citizens in the policy making process. http://europa.eu/legislation_summaries/glossary/democratic_deficit_en.htm Principle of subsidiarity: It ensures that decisions are taken as close to the citizen as possible, and that action at the European level is justified in light of alternatives at the national, regional or local level. http://europa.eu/legislation_summaries/glossary/subsidiarity_en.htm http://europa.eu/legislation_summaries/institutional_affairs/treaties/lisbon_treaty/ai0017_en.htm Principle of proportionality: It is invoked to ensure that actions are taken within specified bounds. In essence, the principle of proportionality ensures that measures are appropriate and necessary to achieve the objectives legitimately pursued by the law in question. http://europa.eu/legislation_summaries/glossary/proportionality_en.htm Democratic legitimacy: An action or institution is said to be democratically legitimate when it is in compliance with the will of the electorate. Democratic legitimacy therefore implies accountability to the people, and compliance with the law. Euroscepticism: A broad term that usually signifies a certain political conviction against the supranational character of the EU that infringes upon the sovereignty of the Member States and thus directly harms the interests of the people. http://ecfr.eu/page/-/ECFR79_EUROSCEPTICISM_BRIEF_AW.pdf
European Parliament: The only directly elected institution of the EU. Together with the European Council and European Commission it performs the EU’s legislative function. Out of these three, however, it is also perceived to have the least influence in the legislative process, even though it enjoys
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the most democratic legitimacy. It consists of representatives from all 28 Member States of the EU, and holds elections every five years. http://www.europarl.europa.eu/portal/en
European Council: All heads of government of the 28 Member States of the European Union together make up the European Council, an essential institution in the legislative process. Although these heads of government themselves are democratically elected, the actions of the European Council are usually considered less democratically legitimate, and the decision making process further away from the citizen, even though it enjoys the most influence. http://www.european-council.europa.eu/the-institution?lang=en European Commission: Both the executive institution of the European Union, as well as the only institution that can propose legislation to Parliament and Council. The European Commission consists of 28 Commissioners – one for each Member State. They are nominated by the Member States for a term of five years, and ratified by the European Parliament. http://ec.europa.eu/index_en.htm
Lisbon Treaty: Signed in 2009, it is the most recent amendment of the multilateral Treaty of the European Union and forms the constitutional basis of the European Union. Significant changes included an increase in the legislative capacities of the European Parliament, the establishment of the European Citizens’ Initiative (ECI) and an amendment to the Ordinary Legislative Procedure. http://europa.eu/lisbon_treaty/glance/index_en.htm http://news.bbc.co.uk/2/hi/europe/6901353.stm European Citizens’ Initiative (ECI): Besides the European Commission, the only way to propose legislation is through the European Citizens’ Initiative. Such a legislative proposal requires at least a million signatures from European Citizens representing at least a quarter of the EU’s Member States before being considered by the European Commission, who is then obliged to give a response, but does not necessarily have to propose the legislation to Parliament and Council http://ec.europa.eu/citizens-initiative/public/ http://www.opendemocracy.net/sean-deel/european-citizens-initiative-tool-of-its-time
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Ordinary Legislative Procedure (or Co-decision procedure): The legislative procedure of the European Union. Significantly amended by the Lisbon Treaty, under the Ordinary Legislative Procedure only the European Commission can propose legislation, which then has to be passed by both the European Council and European Parliament. http://www.europarl.europa.eu/aboutparliament/en/0081f4b3c7/Law-making-procedures-in-detail.html http://www.bbc.co.uk/news/10598594 European Elections: The only directly elected institution of the European Union. Every five years it holds simultaneous elections in all 28 Member States, where 751 Members of European Parliament (MEP’s) are elected nationally through a system of proportional representation. http://www.europarl.europa.eu/aboutparliament/en/0046fccc11/Elections.html
When in May of this year the European Elections will take place, 751 new Members of the European Parliament (MEP’s) will be elected to represent all 28 Member States of the European Union (EU). These elections signify an important milestone in the development of the EU. For the first time since the Lisbon Treaty went into force in 2009, the European Parliament (EP) will have to ratify the appointment of the members of the new EC. Furthermore, parties within the EP have also nominated candidates for the post of EC President, a role of significant executive and legislative importance. The EP, the only directly elected institution within the Union and the one who consequently enjoys most democratic legitimacy, has more influence than ever before. However, there still exists a strong public sentiment that the EU’s policies lack democratic legitimacy, and that the EU has a democratic deficit. The concept of a democratic deficit is often associated with the idea that governmental institutions lack democratic legitimacy and accountability to the citizens. In case of the EU, many citizens have the impression that it is not their elected national governments who decide on policy, but that rather unelected technocrats in Brussels decide on the laws that govern their lives, and to which their national governments often have to submit. The belief that there exists a democratic deficit is often combined with a negative view towards the EU – often voiced by so-called ‘Eurosceptics’, who argue that legislative authority should be repatriated to their national governments, and that the EU should just be a purely economic Out of the three legislative institutions within the EU, the Council, Parliament and Commission, it is widely agreed that even though the Parliament is the institution that enjoys most democratic legitimacy, it has the least amount of influence in the legislative process. The opposite appears to be true of the unelected European Commission. The 2009 Lisbon Treaty has already gone a long way towards a permanent solution. By increasing the legislative authority of the Parliament it ensures a more direct link between the voters and the policy making process. Furthermore, by allowing parties within the stránka 3 z 34
parliament to propose candidates for the presidency of the European Commission, who will then subsequently be elected by the Parliament itself, the democratic legitimacy of the Commission is also to some extent improved. Yet still, the strong sentiment that the EU’s influence over national governments is largely undemocratic, unjust and undesirable, and requires immediate attention. What political and institutional reform does the EU need to undergo to improve the relationship with its citizens? How can the democratic deficit be effectively eliminated, whilst keeping in mind the need for national sovereignty to be respected? And above all, how can Europe’s citizens be reassured that their opinions do matter, and that they do have the final say in the EU’s ever expanding legislation? One possible solution would be to hold direct elections for the post of president of the European Commission, although opponents object to politicising the function, reasoning that it requires a competent executive instead of a politician. Other examples of alternatives are EU wide referenda and repatriating more legislative authority to national governments. Ultimately, the EU’s democratic deficit does not have an easy solution, and implementing ones will take time. Yet without the consent of the citizens, and their belief in the European project, the EU will in all likelihood not be able to continue pursuing its goal of an ever-closer union.
http://www.theguardian.com/commentisfree/2013/may/20/eu-democratic-deficit (The EU’s democratic deficit, The Guardian) http://www.theguardian.com/commentisfree/2013/jun/10/how-to-reduce-eu-democratic-deficit (How to reduce the EU’s democratic deficit, The Guardian) http://www.economist.com/news/europe/21588381-seeking-confront-rise-eurosceptics-and-filldemocratic-deficit-democratic (Euroscepticism and the democratic deficit, The Economist) http://news.bbc.co.uk/1/hi/world/europe/3224666.stm (The EU’s democratic challenge, BBC) http://www.cinefogo.com/publications/newsletters/nl6/nl6-essay-spidla (Democratic Legitimacy, Cinefogo http://www.ijhssnet.com/journals/Vol._1_No._5;_May_2011/27.pdf (The EU’s democratic deficit, International Journal of Humanities and Social Sciences) http://www.youtube.com/watch?v=OCUF5t1kRlI (Video of the European Parliament and the Treaty of Lisbon) http://europa.eu/about-eu/institutions-bodies/index_en.htm (Information about the EU’s institutions and other bodies)
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Following the approval of President Yanukovich's destitution by the Ukrainian parliament, Ukraine is now facing a difficult democratic challenge. Taking into consideration the particularly strong Russian influence and interests in the country's internal affairs, what should the EU's stance be towards this new Ukraine? By Dirk Hofland (NL) & Markéta Mlčúchová (CZ)
Corruption: A widespread and growing problem in Ukraine, especially in the public sector. Transparency International ranked Ukraine 144th out of 177 according to the perceived corruption. http://www.transparency.org/country - UKR_DataResearch President Yanukovich’s destitution: On February 22, the Ukrainian Parliament voted the destitution of President Yanukovich and decided to hold early elections on May 25. This event was perceived as a turning point in the Ukrainian crisis. http://www.ft.com/intl/cms/s/0/8faf984a-9bda-11e3-afe3-00144feab7de.html - axzz2v6dwdrIc EuroMaidan rallies: Pro-EU and anti-government rallies which began on November 21, 2013, after the Cabinet of Ministers of Ukraine decided not to sign the Accession Agreement (AA) with the European Union (EU). For the fist few weeks the demonstrations were mainly pacific and demanded closer European integration. After the government’s violent response, the protests slowly turned into an actual civil war, with government building being occupied by the protesters and with Special Forces being employed by the government in order to suppress the protests. http://worldnewstoday.co.uk/2014/01/understanding-ukraine-a-detailed-timeline-of-the-euromaidanprotests/ Democratic challenge: The next Ukrainian elections will be held in May 25, and voters will have a difficult job: shape Ukraine’s future. The EuroMaidan rallies, their violent repression, the reestablishment of a true democracy – or coup d’état, opinions may vary-, the increasing Russian interference; all these events created a centrifugal effect on the Ukrainian political debate. http://www.wilsoncenter.org/publication/challenges-lie-ahead-for-ukrainian-democracy
Ukrainian people: A large part of the Ukrainian population didn’t waste time to take on the streets when their government decided to abandon EU membership negotiations and to support the evenharsher protests following the government violent response to the rallies. It is hard to say, especially from stránka 5 z 34
the Western side of the continent, whether the majority of Ukrainians is in favour or against the actual political course. http://edition.cnn.com/2014/03/04/world/europe/ukraine-divided-opinion-irpt/ European Union: Ukraine is a priority partner within the European Neighbourhood Policy framework. Since 2005, when the European Parliament almost unanimously passed a motion aimed at establishing closer ties with Ukraine, talks over EU membership have proceeded intermittently. In 2012 the parties started to negotiate an Association Agreement (AA), even though most of the Member States were sceptical of the Ukrainian government’s promise to carry out the changes required by the AA. In November 2013 the negotiations were suspended, even though European leaders stated that the deal is always on the table, and that Ukraine still has a chance to reverse its political decisions. http://www.telegraph.co.uk/news/worldnews/europe/eu/10483303/Ukraine-EU-trade-deal-QandAwhy-Ukraines-refusal-to-sign-is-significant.html Russia: Probably the most powerful player in the Ukrainian crisis. Russia convinced Ukraine to drop negotiations over EU membership with an agreement worth $15 billion in securities that also allowed Ukraine to buy Russian gas for $268 instead of $400 per 1000 cubic meters. After having silently observed the developments in the Ukrainian crisis, Russia decided to intervene in order to protect the Ukrainian Russian community, that was allegedly under threat. http://www.euronews.com/2014/03/01/ukraine-divided-over-russian-intervention-in-crimea/ NATO: In January 2008 Ukraine became a candidate to join the NATO Membership Action Plan –the first step for states wishing to join NATO-, but since 2010, after Yanukovich election as president, Ukraine has distanced itself from NATO. Russia is hostile to NATO opening to the east, especially to countries that have always historically been under its geopolitical influence. http://www.nato.int/cps/en/natolive/topics_37750.htm Russian ethnic minority in Ukraine: It constitutes more than 15% of the total Ukrainian population, being the largest ethnic minority in the country. The South-eastern part and most of the largest cities in the centre of the country are largely Russophone. The Russian community in Crimea is now at the centre of the attention due to an alleged occupation of this Ukrainian autonomous region carried out by unidentified armed forces. http://www.bbc.com/news/world-europe-26415508
Partnership and Cooperation Agreement (PAC): With this agreement, signed in 1994, Ukraine and the EU defined the areas in which they would cooperate in order to reach certain economic and social standards. The most important goals set with the PAC, but never achieved, were less corruption in the public administration and guaranteed free press in the entire country. stránka 6 z 34
http://ec.europa.eu/world/agreements/downloadFile.do?fullText=yes&treatyTransId=659 Joint EU-Ukraine Action Plan: Adopted in 2005, it builds on the PAC. With this Action Plan, Ukraine and the UE agreed to intensify their relations. A Joint Action Plan is usually the firs step wowards an Accession Agreement. http://ec.europa.eu/world/enp/pdf/action_plans/ukraine_enp_ap_final_en.pdf Accession Agreement (AA): An Accession Agreement includes a free trade area, a special visa regime, and is the first step towards EU membership. After adopting the EU-Ukraine Accession Agenda in November 2009, negotiations over an Accession Agreement started. Negotiations were suspended for almost a year between 2011 and 2012, for EU concerns over the rule of law in Ukraine. On 21 November 2013, the Cabinet of Ministers of Ukraine took a decision to suspend preparations to sign the Association Agreement. http://eeas.europa.eu/top_stories/2012/140912_ukraine_en.htm http://eeas.europa.eu/ukraine/docs/2010_eu_ukraine_association_agenda_en.pdf Eastern Partnership (EaP): It is a joint initiative between the EU, its Member States and the Eastern European partner countries. The initiative aims at tightening the relationship between the EU and the Eastern partners by deepening their political co-operation and economic integration. http://www.easternpartnership.org Eurasian Economic Union (EAU): The post-Soviet countries’ counterproposal to the European Union. In 2011, the presidents of Belarus, Kazakhstan and Russia, agreed on establishing the Eurasian Economic Union by 2015. The European Commission clearly stated that the integration process in the EU and the integration process in the EAU are incompatible. http://www.businessinsider.com/eurasianunion-map-2013-12
By the time of writing, Ukraine is in an extremely dangerous and volatile political and economic crisis. Its president, Viktor Yanukovich, has only recently been removed from office, and subsequently has fled the country. Ukraine’s neighbour Russia has for all intents and purposes implemented a full-scale military invasion of the country’s most southern province, the Crimea, the political consequences of which are as of yet unclear. Given the EU’s recent involvement with Ukraine, and the responsibility it bears for all turmoil, it is evident that it should reconsider its stance towards Ukraine and indeed towards the entire region. The Association Agreement (AA) that president Yanukovich was about to sign with the EU in 2013 included major political and economic measures, and would have gone a long way towards permanently
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establishing Ukraine within the sphere of influence of the west. When, in an effort to prevent this, the Russian government persuaded Yanukovich to flunk the deal, and seek closer ties with Moscow instead, citizens disillusioned with a perceived corrupt political class gathered in Kiev for peaceful massprotests. Over the course of several months, these pro-EU protests intensified, until they escalated into a spree of violence, the repercussions of which prompted the Ukrainian parliament to remove Mr Yanukovich from office and install a new temporary president and cabinet. The Russian government, however, refused to recognize these events as legitimate, and proceeded to send large amounts of troops into the separatist region of the Crimea, leading to an extremely dangerous situation, with an increasing potential for armed conflict on Europe’s eastern border. These events should be seen in light of Ukraine’s political landscape and geopolitical position. Even though the EU and Ukraine have long enjoyed intense economic and political ties, Ukraine has always been considered as firmly within the sphere of influence of Russia, mostly as a legacy of the cold war. This legacy is also reflected internally. In recent elections, the country was almost evenly split between a European-oriented west, which favoured deeper economic and political ties with the EU epitomised in the AA, and a Russia-orientated east. Its population is also ethnically diverse, with for example a large Russian minority, who have often expressed worries for being oppressed. In some areas, most notably the Crimea, ethnic Russians even constitutes an absolute majority of the population.
Ukraine’s economic situation has been dire for a long time. After years of consecutive recession, Ukraine is on the brink of bankruptcy, and urgently needs international support to remain solvent. The fact that the country is plagued by endemic corruption and heavily dependent on Russian gas has only served to exacerbate the problem. Ultimately, even though an escalation into war seems unlikely, it should be noted that the situation currently is extremely volatile, dangerous and impossible to predict. It is clear, however, that tensions between the East and West have risen to levels not witnessed since the cold war. Furthermore, Ukraine’s new temporary government is completely inexperienced, and will need time to build up proper democratic institutions in a country as fractured as Ukraine. What measures can the EU take to resolve these tensions, in an effort to prevent armed conflict? How should it reshape its economic and political ties with this transformed country? And what can the EU do to help Ukraine build up its democratic institutions?
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The biggest man-made disaster of a generation: in light of the recent Geneva II Conference and the number of Syrian refugees registered or awaiting registration eclipsing the 2.2 million with no end in sight, how can the EU facilitate the delivery of humanitarian aid to the Syrian people both in Syria and abroad? By Anna Hagarovรก (CZ)
Humanitarian Aid: Material or logistical assistance provided for humanitarian purposes, with the primary objective of saving lives, alleviating suffering, and maintaining human dignity. http://www.globalhumanitarianassistance.org/data-guides/defining-humanitarian-aid Arab Spring: The revolutionary wave of demonstrations and protests (both non-violent and violent), riots, and civil wars in the Arab world that began on 18 December 2010. http://middleeast.about.com/od/humanrightsdemocracy/a/Definition-Of-The-Arab-Spring.htm Refugee - a person who is outside his or her country of origin or habitual residence because they have suffered (or fear) persecution on account of race, religion, nationality, political opinion, because they are a member of a persecuted 'social group' or because they are fleeing a war. http://www.unrefugees.org/site/c.lfIQKSOwFqG/b.4950731/k.A894/What_is_a_refugee.htm NGOs: Legally constituted corporations created by natural or legal people that operate independently from any form of government. http://www.ngo.org/ngoinfo/define.html Resettlement: The act or instance of settling or being settled in another place. Pledge: A promise to donate funds. Geneva II Middle East Peace Conference: A UN-backed peace conference aiming to find a political suitable peace solution for Syrian conflict by bringing together both sides. http://www.bbc.co.uk/news/world-middle-east-25983181)
The European Commission (EC): It represents the interests of the European Union (EU) as a whole, proposes new legislation to the European Parliament and the Council of the European Union, and ensures that Member States correctly apply EU law. strรกnka 9 z 34
http://ec.europa.eu European Community Humanitarian Office (ECHO): The European Commission’s office responsible for humanitarian aid. It does not implement assistance programmes itself, but funds operations through a wide range of around 200 partners. http://ec.europa.eu/echo/index_en.htm http://ec.europa.eu/echo/policies/consensus_en.htm Emergency Response Coordinator Centre (ERCC): The ECHO branch that ensures European assistance meets the real needs of the population affected. Any country, inside and outside the EU, affected by a major disaster can make an appeal for assistance directly to the ERCC http://ec.europa.eu/echo/about/ERC_en.htm United Nations Office for Coordination of Humanitarian Affairs (UNOCHA): The office of the United Nations (UN) responsible for bringing together humanitarian actors to ensure a coherent response to emergencies. http://www.unocha.org/crisis/syria United Nations High Commissioner for Refugees (UNHCR): The UN agency mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide, whose primary purpose is to safeguard the rights and well being of refugees. http://www.unhcr.org/ United Nations Relief and Work Agency for Palestinian Refugees in the Near East (UNRWA): Its provides education, health care, social services, microfinance and emergency assistance to more than 5 million Palestinian refugees http://www.unrwa.org/ Union of Syrian Medical Relief Organization (UOSSM): A coalition of 13 humanitarian, nongovernmental, independent organizations created following the deadly events in Syria to provide humanitarian and medical aid to Syrian people all across the country and in the refugee camps http://www.uossm.org/
Temporary Humanitarian Admission Program on Syrian Refugees (THAP): A temporary protection plan that was offered in 2013 jointly by the German Federal Ministry of the Interior and the UNCHR. The program focused on Syrian refugees with humanitarian needs, with connections to Germany and/or who could have contributed to the rebuilding of their homeland once the conflict ended. http://www.unhcr.de/fileadmin/user_upload/dokumente/02_unhcr/thap2013e.pdf strĂĄnka 10 z 34
Humanitarian Implementation Plan (HIP): It is the compilation of activities and projects the ECH wants to fund. This plan is subject to the availability of payment appropriations, which are constrained until the EC issues the yearly Funding Decision. This year the Funding Decision was issued on 06/01/2014, and the estimated 100 000 euros were allocated to Syrian projects. http://reliefweb.int/sites/reliefweb.int/files/resources/syria_en_15.pdf
Almost three years ago, on the 15th of March 2011, demonstrations in Syria begun, swiftly escalating into a civil war. The conflict has cost over 120.000 lives, mostly civilians and led to displacement of over 8.000.000 people. The United Nations have estimated the number of those in need of humanitarian aid to have increased to more than 10 million of Syrians (half of the country’s population). So far, 2.4 million of refugees have registered or are awaiting a registration in Syrian’s neighbouring countries – almost 97% of them flee to Turkey, Lebanon, Iraq and Jordan, the rest to European countries, mostly Germany, Sweden and Mediterranean nations. Basically, there are two options for those who escaped from Syria – the official one is to go to one of the refugee camps, established in the respective countries, where they are registered and gathered, and provided with humanitarian aid. There are several camps in every of those countries – one of the biggest ones is Zaatari camp in Jordan (backed up by UNHCR) with capacity 60.000 people, yet sheltering more than twice the number, with about 2.500 more coming in each day. In Turkey, there are tens of camps with smaller capacity, and Iraq is known to receive mostly Kurds, whereas Lebanon, one of the water-poorest countries, has no camps at all, yet has received almost 880.000 refugees. Camps are more and more becoming town-like, in terms of population (Zaatari would be Jordan’s 4th largest city) and certain lifestyle, yet fail to fulfil or at least meet the basic needs of the people. Therefore, about 70% of the Syrians who fled their country seek asylum in urban areas of cities, struggling for their lives, as they have no legal option to work, therefore get money. These are also difficult to reach by any humanitarian aid or protection. For those who have not manage to escape Syria, there are several humanitarian organisations (many UN-based agencies, MercyCorps, Doctors without Borders, UOSSM, I am Syria, Red Cross/Red Crescent and others), but their job is hampered by the situation in the country and the volunteers are in a direct life-danger. Some of humanitarian workers were killed, which has led many organizations to partly or completely withdraw their troops. The situation is even more aggravated by a lack or insufficiency of a legal framework dealing with the state of refugees in the countries providing asylum. Thousands of Syrians continue to move from one place to another seeking nothing but safety. Many of them are left homeless, jobless and in fear of losing even their hope for a peaceful future.
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http://www.mercycorps.org/articles/iraq-jordan-lebanon-syria/quick-facts-what-you-need-knowabout-syrian-refugee-crisis http://www.factrover.com/people/Syria_people.html http://www.aljazeera.com/indepth/inpictures/2013/11/pictures-arriving-at-zaatari-refugee-camp2013112972432223958.html http://www.nrc.no/?aid=9670720 http://www.theguardian.com/global-development/gallery/2013/jul/02/syrian-refugees-iraq-domiz-inpictures http://www.globalpost.com/dispatch/news/regions/middle-east/iraq/140114/inside-the-syrian-refugeecamps-silent-epidemic http://www.unhcr.org/pages/49e48e0fa7f.html http://www.nytimes.com/2014/02/16/magazine/how-to-build-a-perfect-refugee-camp.html?_r=0 http://www.brookings.edu/research/reports/2013/11/14-syria-turkey-refugees-ferris-kirisci-federici http://www.theguardian.com/world/interactive/2011/mar/22/middle-east-protest-interactive-timeline http://studies.aljazeera.net/en/reports/2013/12/201312483421501471.htm http://www.un.org/News/Press/docs/2014/sgsm15602.doc.htm http://www.wfp.org/countries/syria https://www.amnesty.org/en/news/urgent-steps-must-be-taken-end-syrian-humanitarian-crisis-201401-13 http://www.assembly.coe.int/CommitteeDocs/2013/amMig30_2013_SyrianRefugees.pdf http://syrianrefugees.eu/?page_id=199 http://ec.europa.eu/echo/aid/north_africa_mid_east/syria_en.htm http://www.ecre.org/component/downloads/downloads/824.html
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In January 2014 the new European Union programme for education, training, youth and sport, "Erasmus+", was launched, and one of the aims of the programme is to increase the learning mobility of students. Is it time for the EU to call upon Member States to start a more determined harmonisation process of their schools curricula? If so, which measure should be taken? By Zuzana Holakovskรก (CZ) and Erblin Hoxha (KS)
Erasmus+: Erasmus+, a successor of Erasmus, brings together seven existing EU programmes in the fields of Education, Training, and Youth; it will for the first time provide support for Sport. As an integrated programme, Erasmus+ offers more opportunities for cooperation across the Education, Training, Youth and Sport sectors and is easier to access than its predecessors, with simplified funding rules. Europe 2020 The Europe 2020 strategy is about delivering growth that is smart, through more effective investments in education, research and innovation; the educational target is to reduce the rated of early school leaving below 10%, which has been almost met already, and to have at least 40% of 30-34-yearolds completing third level education. See the list of goals. primary law: Primary law consists mainly of the Treaties of the EU. These Treaties contain formal and substantive provisions, which frame the implementation of the policies of the European institutions. They also determine the formal rules that allocate the division of competences between the European Union and Member States. They also lay down substantive rules that define the scope of the policies and provide a structure for the action taken by the institutions regarding each of them. secondary law: contains directives, recommendations, decisions, recommendations, and opinions Curriculum (plural: curricula): refer to the existing contract between society, the State and educational professionals with regard to the educational experiences that learners should undergo during a certain phase of their lives. For the majority of authors and experts, the curriculum defines: (i) why; (ii) what; (iii) when; (iv) where; (v) how; and (vi) with whom to learn. Bologna process: This process is designed to introduce a system of academic degrees that are easily recognisable and comparable, promote the mobility of students, teachers and researchers, ensure high quality teaching and incorporate the European dimension into higher education. This does not apply for high-school diplomas.
European Council - Directorate General for Education and Culture: strรกnka 13 z 34
- As the executive arm of the European Union, the European Commission is held accountable to the European Parliament, namely, in the case of DG EAC, European Parliament - Culture and Education Committee Committee responsible for the Union's education policy, including the European higher education area, the promotion of the system of European schools and lifelong learning; EU agencies - Education, Audiovisual and Culture Executive Agency (EACEA) - The Eurydice Network provides information on and analyses of European education systems and policies. Member states whose education ministers meet in the Council of the European Union - Each member state can define their own national curricula. You can find brief and simple descriptions of national curricula by clicking on a particular country on this map. Interest groups - e.g. the church - religion is taught in many countries as a part of curricula and there are many church-led schools whose curricula would be changed in case of common european curricula
Treaty on the functioning of the European Union (TFEU) - Article 6: EU competence is to only support, coordinate and supplement the actions of the Member States. Thus without a change of the TFEU which requires the assent of all Member States, the European Union cannot set common european curricula. Article 165: The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. Concrete examples of possible actions can be found in the text of the Article. Article 166: The Union shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training. Regulation of the European Parliament and of the Council estbalishing “Erasmus+”: The Union programme for education, training, youth and sport. - as stated in Article 4 The Programme shall support only those actions and activities which present a potential European added value and which contribute to the achievement of the general objective as
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referred to in Article 4. (e.g. transnational value). The regulation affects curricula only when tackling the partenrship between work and education( Article 8).
In the current state, EU Member States decide upon their own school curricula. Within the states this competence can be also decentralised as it was done in the Czech republic in 2005. With education being something very specific for ones culture, can we find common ground on which a common european curricula can be built? With the situation given, students in one Member State are not guaranteed to be given the same level of education as in other Member States. Thus, students from one country with, for example, a poor level of foreign language education may not later be able to compete on the labour market all over Europe. Whether a state should include more language courses in their school curricula is more or less a matter of tradition and the number of teachers currently available. However, there are other subjects which might be found controversial. For example, the question of including religion in school curricula (also which religion would that be), or putting more emphasis on world history, concerning the number of immigrants in our society and many more. While Germany or France might need to include the history of Muslim majority countries in their curricula, is it something that is necessarily needed in curricula all over the Union? Ideologically speaking raising the level of awareness cannot be considered harmful, however would we then be able to cover other subjects in the same scope we are teaching them now? According to the Treaty on the Functioning of the European Union (TFEU), the Member States have the competence to set school curricula and the EU can only support them in their activities. One of such supportive projects is the renewed Erasmus+ project. Although Erasmus+ does not mainly concern school curricula, it aims at modernising education and supports transnational partnerships around education institutions. Despite the previous achievements of the Erasmus programme, the way it is set now, it only helps those who ask for help. Erasmus+ provides opportunities for students, universities and other parties if they sign up for particular grants. This means that if for example a school in a rural area is not active and teaches the way it was 50 years ago, Erasmus+ and the funds it provides, does not affect their students at all. Without changing the primary law of the EU, the EU remains to provide its supportive projects which overall cover only a privileged group of people. The question lying ahead of us is: do we want more integration in order to set a common European curriculum? Sometimes in order to take a step back, one has to take a step forward first. If we find a common ground on which we can build common educational standards the welfare in the EU may grow, the discrepancies between Member States may diminish and the distribution of wealth will be more equal within the EU. But if we force the Member
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States to adopt a common European curriculum all over Europe would it really reflect the specific features of European citizens’ culture? Where should the borderline be set? The questions are: - Should there be a common European curriculum? - If so, which subjects/educational fields should be unified? - What potential issues can you see in trying to find a compromise among the Member - States when amending the primary law? - What measures already in place, be it by the EU (e.g. Erasmus+) or by the Member States, would you take inspiration from?
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On January 1st 2014 Latvia became the 18th European Union Member State to join the Eurozone. Despite speculations against the common European currency and frictions between the oldest Euro area member states, newer EU Member States continue to press for membership. Should the Eurozone enlargement process be promoted or stopped? Which measures could the Member States take in order to prevent another Greece? By Willem Koelewijn (NL) and Kateřina Tlachová (CZ)
Economic and Monetary Union (EMU): A blanket term for the efforts to converge the economies of all Member States of the European Union (EU), through the coordination of economic and fiscal policies, a common monetary policy and a single currency. The third and final stage of the EMU is adoption of the euro. All Member States are obligated to join the third stage of the EMU once they meet the “euro convergence criteria”, except for the United Kingdom and Denmark, who have opted-out. Euro convergence criteria: A set of criteria, more commonly known as the Maastricht criteria, which EMU members must meet before being allowed to join the third stage of the EMU. The criteria are: price stability, price stability, reasonable long-term interest rates, having been a member of the ERM-II for two consecutive years and sustainable government finances1. The last criterion, sustainable government finances, implies that a country’s deficit is not allowed to exceed 3% of its Gross Domestic Product (GDP), and public debt may not be higher than 60% of GDP. Exchange Rate Mechanism (ERM-II): A mechanism that fixes the exchange rate of the currency of a potential euro country to the euro. It serves to help candidate euro countries transit to the single monetary policy in a stable way. Member States do not automatically enter ERM-II, they are required to apply. Structural deficit: The part of a government’s deficit that exists regardless of the existing economic climate, because it structurally overspends. Macroeconomic imbalances: When the economic performances of individual states strongly diverge from the majority of states, either positively or negatively. These imbalances could be identified through major differences in indicators such as employment rates, inflation, labour costs, private and public debt.
The Economic and Monetary Union explained:
1
Article 140 of the TFEU: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF
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http://europa.eu/pol/emu/flipbook/en/files/economic_and_monetary_union_and_the_euro_en.p df Press release about Latvia’s accession to eurozone, outlining the accession procedure: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/137564.pdf
European Commission: Under the renewed Stability and Growth Pact, the Commission is responsible for the supervision of national budgets and maintaining fiscal discipline, if necessary by imposing financial sanctions. Additionally, candidate euro countries must ask both the ECB and European Commission for an assessment on their compliance with the convergence criteria. European Central Bank (ECB): formulates and executes eurozone monetary policy. Candidate euro countries must ask the ECB and European Commission for an assessment on their compliance with the convergence criteria. Economic and Financial Affairs Council (ECOFIN): The configuration of the Council of the European Council in which Member States’ finance ministers discuss, amongst others, matters related to the euro. Within this council, a qualified majority2 of the euro area ministers formally approve the accession of a Member State to the eurozone. Eurogroup: Consisting of the finance ministers of the eurozone, this body is crucial in decision-making regarding economic policy in the eurozone.
What the Eurogroup does: http://eurozone.europa.eu/eurogroup/policy-areas/
Treaty on the Functioning of the European Union (Maastricht Treaty): This treaty organised the EU – roughly – in its current institutional framework and came into force in 1993. It also established the Economic and Monetary Union, and therefore formed the basis for the introduction of the euro. On top of that, it listed the euro convergence criteria. Stability and Growth Pact (SGP): This pact, which came into force in 1999, was aimed at ensuring that euro countries would maintain fiscal discipline by complying with the Maastricht criteria. If
2
Article 238(3)(a): http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:EN:PDF
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countries fail to do so, the Council (ECOFIN) can decide to take action by making specific recommendations on how to improve the country’s budgetary situation, and can ultimately impose sanctions. “Six pack”: A 2011 reform of the SGP aimed at more strictly enforcing the rules as agreed upon in the original pact. It ensures greater supervision by the European Commission on national budgets, forces Member States to take action excessive deficit and/or debt and ultimately allows the European Commission to fine Member States who fail to comply with budget rules. The Treaty on Stability, Coordination and Governance (TSCG): This treaty, signed by all Member States except the UK and the Czech Republic in 2012, allows the European Commission to issue financial sanctions against Member States who have not met the budgetary criteria and have failed to take the necessary measures to reduce their debt and/or deficit. This sanction can be up to 0,1% of the country’s GDP. Additionally, the signatory states commit to not letting their structural deficit exceed 0,5% of GDP. Macroeconomic Imbalance Procedure (MIP): The MIP, adopted in 2011, is a mechanism that helps identify macroeconomic imbalances and allows for actions to be taken to address these imbalances. By assessing Member States’ economic situation regularly, the Commission can identify major economic issues that need addressing and take action accordingly. It can do so by making country-specific recommendations or, in urgent cases, recommending ECOFIN to draw up a plan to correct these imbalances.
The measures from the TSCG listed: http://www.eurozone.europa.eu/euro-area/topics/treaty-on-stability,-coordination-andgovernance-(tscg)/
Under the Treaty on the Functioning of the European Union (TFEU), all Member States of the European Union (EU) are obliged to at some point adopt the euro, with the exception of Denmark and the UK, who have opted-out. Currently, the eurozone is comprised of 18 out of 28 Member States. Additionally, Sweden is taking advantage of a legal loophole from the Maastricht Treaty – countries can only join the eurozone by entering ERM-II, but ERM-II can only be joined when a country voluntarily applies. The other seven countries – Bulgaria, Croatia, the Czech Republic, Hungary, Lithuania, Poland and Romania – are likely to apply for eurozone membership at some point. Lithuania, for example, was originally intending to join in 2015. This implies that, sooner or later, the question of eurozone membership for these countries will be raised.
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With regards to the immense instabilities the eurozone has faced over the past years, many are sceptical about new countries entering the euro area. This sentiment is worsened by the fact that many of the potential members are amongst the “weaker brothers” within the Union. Looking at the GDP per capita across Europe3, all of the aforementioned nations appear in the lower ranks, especially when compared to the current eurozone members. This causes the richer eurozone countries to be hesitant. After all, they fear “another Greece”, a scenario in which yet another financially instable Member State would require large-scale support. In the late 1990s, when the Euro project was being finalised, similar concerns were raised about Southern European countries, such as Spain and Italy, by the other countries involved in the project. In retrospect, many economists and politicians have questioned the strictness of the initial fiscal requirements and whether those countries were actually respecting them or not. Already during the European Sovereign-Debt Crisis, Member States and European institutions started to work on measures that would help prevent such a situation from occurring again. Through the reformed Stability and Growth Pact and the Treaty on Stability, Cooperation and Governance, Member States committed themselves to fiscal discipline once again, by allowing greater supervision over their budgets and allowing the European Commission to impose financial sanctions on Member States that failed to respect budgetary rules. The question remains whether these measures will suffice to ensure the long-term financial stability of the countries of the eurozone. Already now, the European Commission has made numerous exceptions and allowed Member States to exceed the debt and deficit rules. What more could be done to prevent another Greece?
Article from The Economist on eurozone enlargement:
http://www.economist.com/blogs/charlemagne/2010/03/euro_zone_enlargement_fatigue
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The human toll for poor air quality is worse than for road traffic accidents, making it the number one environmental cause of premature death in the European Union. So far, many Member States are failing to enforce existing EU air quality standards, even though the rules are less rigorous than those set by the World Health Organization. How can the new Clean Air Policy Package be implemented in the most effective way, in order to achieve the desired level of air quality? By Vรกclav Huk (CZ) & Alastair Payne (UK)
The Clean Air Policy Package: A package of measures designed to improve air quality in the European Union (EU). http://ec.europa.eu/environment/air/clean_air_policy.htm
Acidification: A process where acidifying compounds like sulphur, nitrogen and ammonia present in the atmosphere condense in acid rain, contaminating soil and oceans. http://www.apis.ac.uk/overview/issues/overview_acidification.htm
Eutrophication: The response of ecosystems to human activities that fertilise water with nitrogen and phosphorus, for example fertiliser contaminating a river. It leads to changes in animal and plant populations, simultaneously degrades water and habitat quality. http://www.eoearth.org/view/article/152690/
The major air pollutants4: Air pollution is mainly caused by undermentioned pollutants, which are produced by economic, as well as household activities. Undermentioned contaminants cause cardiovascular and respiratory diseases, lung cancer, asthma, reduce growth rates of crops and cause acidification and eutrophication. Particulate matter is a fine dust emitted by gas-engines (especially heavy duty diesels), combustion of fossil fuels in power plants and household heating. Sulphur dioxide (S02) is produced by fossil fuels combustion in power plants, shipping, other industrial activities and households.
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Please note that the list of pollutants does not include Carbon dioxide (CO 2) or any other greenhouse gasses. Bear in mind that the topic is about ground-level pollution, therefore we ask you to avoid discussions about global warming, greenhouse effect, Emission Trading System etc. strรกnka 21 z 34
Nitrogen oxides (NOx) are emitted by road vehicles, power generation and agricultural processes. Volatile organic compounds (VOCs) are organic chemicals, produced by solvents in industry and by combustion of fossil fuels. Ground-level ozone (O3) is created by the chemical reaction between NOx and VOCs in sunlight. It can be transported long distances by air and is related to respiratory disease. Ammonia (NH3) is used as an ingredient of fertilisers in agriculture. Methane (CH4) leaks from natural gas systems, is produced by livestock and other natural sources. It is a key building block in the formation of atmospheric ozone. http://www.eubusiness.com/topics/environ/clean-air
World Health Organisation: An agency of the United Nations, which is responsible for directing and coordinating health policy internationally. It is concerned with setting standards and guidelines to protect health, as well as research into the factors contributing to health problems. http://whqlibdoc.who.int/hq/2006/WHO_SDE_PHE_OEH_06.02_eng.pdf?ua=1
European citizens: According to Flash Eurobarometer 360 more than 17% of Europeans suffer from respiratory problems and 79 % thinks that EU should propose additional matters in order to ensure air quality. Air pollution has been shown to have connections to a variety of childhood illnesses, cardiovascular and respiratory problems, as well as being the cause of more deaths than road traffic accidents5. http://ec.europa.eu/public_opinion/flash/fl_360_en.pdf http://www.consano.ch/AtherosclerosisAirPollutionAndHealthLancet2002.pdf http://www.eea.europa.eu/publications/cost-of-air-pollution
European Commission: The European body that proposed and adopted the Clean Air Policy Package and is responsible for overseeing its implementation. http://europa.eu/rapid/press-release_IP-13-1274_en.htm
Industry: A heavy contributor to the levels of air pollution but there is no direct method to monetize the proposed restrictions and reductions of the Clean Air Policy Package. http://constructionproductsblog.eu/category/air-policy/
Non-EU Countries: Air pollution has international consequences.
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http://link.springer.com/article/10.1007/BF00338241
Clean Air Policy Package: A set of directives, adopted by European Commission on 18 December 2013. It should further improve air quality in Europe by strengthening air protection measures. http://ec.europa.eu/environment/air/clean_air_policy.htm
Clean Air Programme for Europe proposes several regulatory as well as non-regulatory measures in order abate air pollution. It is supposed to promote growth and long-term economic competitiveness of the EU by protecting health of its citizens and further research in the field of environmental protection. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0918:FIN:EN:PDF
Revised National Emission Ceiling Directive covers several significant air pollutants, active at the European scale (ammonia, nitrogen oxides, fine matter, sulphur dioxide and volatile organic compounds). It sets upper limits for Member State for the total yearly emissions. Each MS chooses its own measures in order to comply. http://ec.europa.eu/environment/air/pollutants/pdf/necd_cba.pdf
A proposal for a New Directive to reduce pollution from medium-sized combustion installations such as energy plants for street blocks or large buildings, and small industry installations. http://europa.eu/legislation_summaries/environment/air_pollution/l28159_en.htm
EU Thematic Strategy on Air Pollution: A set of objectives for air pollution and proposed measures for achieving them. It establishes concrete objectives for reduction of air pollution within years 20002020. http://europa.eu/legislation_summaries/environment/air_pollution/l28159_en.htm
Convention on Long-range Transboundary Air Pollution: Signed in Geneva in 1979 by 34 countries and the European Community6. It has entered into force in the year 1983 and was the first international legally binding instrument to deal with air pollution on broadband basis. http://www.unece.org/env/lrtap/lrtap_h1.html
Protocol to Abate Acidification, Eutrophication and Ground-level Ozone (also known as The Gothenburg Protocol): Signed in the year 1999 by many European countries, as well as Turkey, USA and Canada. It sets emission ceiling for four pollutants (sulphur, nitrogen oxides, volatile organic compounds and ammonia). Original goals for year 2010 were amended in 2012, setting new goals for 2020. 6
The European Community was a predecessor of the European Union, establish in the year 1993 by the Maastricht Treaty. strรกnka 23 z 34
http://www.unece.org/env/lrtap/multi_h1.html
Directive on Industrial Emissions (2010/75/EU): A set of regulations which Member States must implement in national law. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32010L0075:EN:NOT
Directive on Ambient Air Quality (2008/50/EC): Not part of the Clean Air Policy Package but contains air quality objectives and merges much previous legislation into a single directive. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32008L0050:EN:NOT
You wouldn’t drink water as dirty as the air you’re breathing. Like all invisible problems, air pollution is often overlooked, but the dangerous reality of this unseen threat cannot be ignored. Air pollution is often conflated with climate change; it is important to note they are separate problems, and unlike climate change, there is no contention over the reality and severity of the danger posed to human health. Air pollution is often associated with images of plumes of smoke and visible smog, but the real danger comes from the volume of smaller unseen particulates which pervade everywhere, even where the air seems clear. And these emissions aren’t just the product of heavy industry and vehicles; modern agricultural techniques involve the use of many pollutants, and even the cumulative emissions from household activities constitute a significant impact to air quality. These emissions result in serious damage to the environment, but they also pose a real and immediate risk to human health; air pollutants contribute to cardiovascular and respiratory problems, they have been directly linked to a variety of childhood and infant illnesses, and are now responsible for more deaths than road traffic accidents. The EU’s Clean Air Policy Package is a set of directives that aims to reduce levels of emissions and improve air quality across Europe. It contains some legally binding material, which complement existing directives concerning industrial emissions, but the issue of implementation remains unsettled. For instance, although there are tangible health benefits to be enjoyed and these can be economically quantified, the benefits to the environment are harder to quantify and no current system exists for monetizing improvements made in that area. Deregulation of industry is commonly offered as a means to promote economic growth, so there may be opposition to enforcing additional legislation during a time of recession. This is particularly problematic if the production or agricultural industries have to absorb the costs of measures, or if these costs are passed on to the consumer (as is often the case with environmental taxes, especially on the power generation industry). The EU's economy also must remain competitive with that of third world countries, where environmental regulation has traditionally been far less stringent. Even within the EU, there are great disparities between levels of economic development, and industrial and agricultural output, so how can objectives for air quality be met without unfairly
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disadvantaging particular Member States? Furthermore, differing geographic conditions within the EU (for instance, the terrain of the Netherlands which naturally promotes cycling as a low-emission mode of transport) give rise to vastly varying difficulties for implementing protective measures. How can these disparities between Member States be fairly approached? Air pollution is transboundary; one country’s output can affect the entire world, but how can the EU ensure every Member State can fulfil their obligation to improve air quality in spite of the array of economic, cultural and geographical differences across the EU? How can the EU ensure a valuable increase in air quality compared to the global output of pollutants, and can the EU rightfully ask that less economically developed Member States sacrifice their own growth, particularly for an issue which has been notoriously difficult to prioritise with electorates? Considering its impact on human health, if the air we breathe was sold it would be a controlled substance in most Member States; but what is an acceptable sacrifice to ask our entire population to make in the face of a problem that is a direct consequence of the kind of society we choose to live in?
The Commissioner for the Environment’s speech: “Clean air for all – all for clean air”7 http://europa.eu/rapid/press-release_SPEECH-13-1049_en.htm UNECE Press Release – New emission reduction commitments for main air pollutants by 2020 http://www.unece.org/index.php?id=29858 Cleaner air for all – factsheet http://ec.europa.eu/environment/pubs/pdf/factsheets/air/en.pdf Main contaminants according to US Environmental protection agency http://www.epa.gov/air/urbanair/
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The Mr. Potočnik's speech might contain personal opinions, but it also provides evaluation of current measures and global situation. stránka 25 z 34
The digital sphere offers great potential for a new era in which creative and expressive activities will be at the heart of our societies, but it also calls for new means of regulation of intellectual property. In light of the European Parliament's rejection of the ACTA Treaty in 2012, how should the European Union act in shaping a Copyright Reform that balances the cultural rights of the public, the protection of authors and the interests of publishing and production houses of all sizes? By Valeryia Boyko (UA) & Andreia-Gemma Moraru (RO)
Copyright is a legal concept that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth to receive compensation for their work and be able to financially support themselves. It is a form of intellectual property -like patents, trademarks and trade secrets are-, applicable to any expressible form of an idea or information that is substantive and discrete. http://en.wikipedia.org/wiki/Copyright Reproduction Rights allow the creator to authorise or prohibit, directly or indirectly and for any period of time the use of its work. http://www.wipo.int/freepublications/en/intproperty/909/wipo_pub_909.html#reproduction Rights of Communication to Public allow the creators to authorise or prohibit any communication to the public of their works by any means and in any way. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML (art. 3) Rights of making available to the public other subject-matter allow the creators to authorise or prohibit the making available to the public by any means. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML (art. 3) Distribution Rights allow the creator to authorise or prohibit any form of distribution of its work by sale or otherwise. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML (art. 4) Digital Rights Management (DRM) is set of programs or devices aimed at controlling the use of digital content. The new generation of DRM has the ability to follow executing, viewing, copying, printing and altering of works or devices. http://en.wikipedia.org/wiki/Digital_rights_management strรกnka 26 z 34
Cultural Rights are human rights that aim at assuring the enjoyment of culture and its components in conditions of equality, human dignity and non-discrimination. http://en.wikipedia.org/wiki/Cultural_rights Freedom of Speech is a fundamental human right to express beliefs and ideas without any kind of restrictions. http://en.wikipedia.org/wiki/Freedom_of_expression Freedom of Expression is the the freedom to hold opinions, and to receive and impart information and ideas. http://en.wikipedia.org/wiki/Freedom_of_expression
European Commission is the executive body of the EU, also responsible for proposing to the legislative bodies of the EU projects for new legislation. The Commission recently launched a public consultation for a copyright reform in the EU. http://en.wikipedia.org/wiki/European_Commission http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm World Intellectual Property Organisation is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 to encourage creative activity, to promote the protection of intellectual property throughout the world. http://en.wikipedia.org/wiki/WIPO Internet service providers hold a key position on this matter as they are able to monitor all the activity of the internet users and to track down illegal downloads of copyright protected works. http://en.wikipedia.org/wiki/Internet_service_provider#Law_enforcement_and_intelligence_assistance Internet users represent the general public that accesses information of any kind on the internet and who enjoys the complete freedom of being able download any type creation from the internet. Creators of works of any kind are directly interested to make them known to the general public, who seek their recognition, but also need financial compensation to keep developing their work. Production Companies provide the physical basis for works in the realms of the performing arts, new media art, film, television, radio, and video and are seeking to gain maximum profits from their activity. http://en.wikipedia.org/wiki/Production_company
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Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society is a directive of the European Unionenacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. http://en.wikipedia.org/wiki/Copyright_Directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32001L0029:EN:HTML (Chapters I, II, III) World Intellectual Property Organization Copyright Treaty is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright deemed necessary due to advances in information technology since the formation of previous copyright treaties before it. http://en.wikipedia.org/wiki/WIPO_Copyright_Treaty http://www.wipo.int/treaties/en/text.jsp?file_id=295166 (art. 1-12) Treaty on the Functioning of the European Union is one or the two Constitutions of the EU and establishes which are the area of competence of the EU. The EU’s exclusive competence in matters related to the internal market made possible to adoption of the Directive 2001/29/EC. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:0047:0200:en:PDF (art. 3b, art. 26, art. 27) Charter of Fundamental Rights of the EU is the legal biding treaty that protects the fundamental rights of the EU citizens. Article 11 from this convention recognises the freedom of expression http://www.europarl.europa.eu/charter/pdf/text_en.pdf (art. 11) European Convention of Human Rights and Fundamental Freedoms is a treaty of the Council of Europe, signed by all the EU member states, which safeguards the fundamental human rights and freedoms. The European Court of Human Rights supervises the implementation of this legal document. Article 10 from this convention recognises the freedom of expression. http://www.echr.coe.int/Documents/Convention_ENG.pdf (art. 10)
The pace with which digital era takes over is extremely rapid. Internet is a constantly expanding virtual place which has provided humankind with a great, efficient and simple platform to share and exchange ideas. As matter of fact, sharing files online has become such a common process, that most of people do
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not think twice before pressing the button “send” when they are transferring information created and produced by another person. To protect the creator’s and distributor’s rights, the legal minds created in the 18th century the concept of copyright, which aimed to promote the progress of arts and sciences, while protecting the rights of the creator over their work. Three centuries later, the subject of the copyright in the Internet era, when any type of information can be transferred at unparalleled speed, is more debated than ever. Within the meaning of copyright law, the downloading of copyrighted digital content constitutes a reproduction (copying). Every form of downloading (from peer-to-peer networks or a website, on a mobile phone, etc.) basically involves making a copy. In general, the prior consent of the right holder is required for making a copy of protected content. To answer the needs of the public, but also the needs of the creators and producers, the European Commission launched a public consultation on a possible copyright reform which would update the provisions of the EU Copyright Directive (Directive 2001/29/EC). The Directive defines the rights of the creators and the exceptions that are allowed. Since 13 years have passed since the adoption of this act, a revision is in order to correlate the legislation to the existing state of the market. However, realising a reform in this field is not an easy task, as the EU has to strike a balance between the voice of the public, that request the full legalisation of internet file-sharing, and the concerns of the production companies, which call for its banning and possibly criminalisation. On one side, there is the group that supports the legalisation of on-line file sharing. There are probably no Internet users that have never breached in any way the copyright legislation. We all feel that accessing information on-line is something that we are entitled to do. Moreover, the benefits of on-line file sharing cannot be denied. Libraries and cultural centres managed to bring the culture to the 21st century due to their on-line databases that offer free access to any type of existing work. However, the true threat to the production companies is represented by the web sites that freely share content and the peer-to-peer file sharing system commonly known as torrent. In support of their claims, the advocates of the legalisation of file-sharing invoke the articles which protect the freedom of speech and expression, safeguarded by all Human Rights international Conventions, such as the European Convention for Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the EU. Additionally, there are studies that show that file sharing should not be blamed for the decline in sales as statistics show that file sharers are the industry’s largest consumers.8Therefore, is it necessary to go as far as criminalising this activity or other softer measures could be taken to protect the creators and producers? Other the other, creators and producers lobby for the ban of free Internet file sharing. Firstly, the position of the artists is clear as they have devoted their resources for the development of the product and 8
Legal, Economic and Cultural Aspects of File Sharing - Nico van EIJK, Joost POORT, Paul RUTTEN
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wanted to express their ideas and vision. Undoubtedly, they want to receive appreciation and financial security. Producers are involved in the business for the profit and their right to receive compensation for their work cannot be denied. However, measures like the Digital Rights Management can infringe the Right to Privacy of the Internet users, which is protected by international human rights conventions and all the Constitutions of the EU Member States. Even so, companies like Apple with its iTunes showed that solutions can be found without tightening the copyright legislation. Should the companies continue to lobby for the ban of free on-line sharing or should they reinvent their businesses to adapt them to the new face of the digital market? Having considered these opposite views on this matter, what position should the EU take? Should the EU allow the legalisation of the on-line file sharing or should it ban it? Should the EU criminalise this activity or does civil liability grant enough protection to the creators and producers? Should the EU fight for the freedom of its citizens or for the financial benefit of the companies? Should the EU take one side or is it possible to strike a reasonable balance?
http://news.bbc.co.uk/2/hi/technology/8337887.stm http://fr.scribd.com/doc/172985274/LSE-MPP-Policy-Brief-9-Copyright-and-Creation http://www.ivir.nl/publications/vaneijk/Communications&Strategies_2010.pdf https://ameliaandersdotter.eu/2013/12/24/copyright-reform-coming-legalize-filesharing?language=en#comment-17510 http://www.iptegrity.com/index.php/ipred/563-european-parliament-to-vote-on-criminalisingcopyright-infringement http://bgr.com/2013/12/16/att-illegal-downloads-service-ban-piracy/
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With its recently adopted Recommendation for Roma inclusion in December 2013, the European Union seems more determined than ever to end the deep-rooted social exclusion and human rights violations of its largest ethnic minority. What measures should the EU take in the future to ensure that Member States would pursue the aims of this non-binding legal instrument? By Maria Köpping (AT) & Milana Yandieva (CZ)
Roma – the term refers to a variety of groups of people who describe themselves as Roma, Gypsies, Travellers, Manouches, Ashkali, Sinti and other titles. The use of the term Roma is in no way intended to downplay the great diversity within the many different Romani groups and related communities, nor is it intended to promote stereotypes.9 Ethnic minority: An ethnic minority is a group within a community that has different national or cultural traditions from the main population. Non-binding legal instrument: Non-binding means that an EU’s recommendation or opinion suggests a line of action without imposing any legal obligation on those to whom it is addressed.10
National governments: EU Member States’ governments are interested in the effective integration of the Roma communities, as it would result in a lesser need of expenditure on benefits, and potentially in a decrease of unemployment and poverty. Moreover, successful integration would eliminate social unrest and discontent of the countries’ ethnical majorities, which is often created by the stereotypes surrounding the life of the Roma communities. The European Court of Human Rights (ECHR): The ECHR is an international court based in Strasbourg that rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Its judgements are binding on the countries concerned.11 The European Union Agency for Fundamental Rights (FRA): The FRA is an EU Agency created to provide independent, evidence-based advice on fundamental rights. It collects and analyses data in the EU, thereby assisting EU institutions and EU Member States in understanding challenges to safeguard 9
http://ec.europa.eu/justice/discrimination/roma/index_en.htm http://english.ivsz.hu/engine.aspx?page=itctrain-acquis-bindingandnonbinding
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fundamental rights in the EU.12 The agency has done several studies on Roma’s living situation in the EU in the past and was asked by the European Commission to increase research activities on Roma issues, thereby contributing to the newly created NRIS.
Individuals might potentially benefit from the effective integration of the Roma communities, since the elimination of social exclusion and discrimination boosts the overall morale of the population and, thus, contributes towards the more efficient allocation of resources.
The EU Framework for National Roma integration strategies (NRIS): urges the 27 EU members to set out their own plan on how to ameliorate the current situation and facilitate the social and economic inclusion of the Roma communities. The Council Recommendation on effective Roma integration measures in the Member States (December 2013): Adopted by the EU Council of Ministers, this recommendation is the strongest EU instrument for Roma inclusion. It suggests a set of measures to integrate the Roma communities, the main areas of focus being education, employment, healthcare and housing. With the adoption of the recommendation Member States commit to taking action to bridge the gaps between the Roma and the rest of the population. Multi-Annual Roma Programme (2012-2020): Aims at helping the Member States to implement the EU’s Roma integration framework. This is done by providing robust, comparable data and insight into the situation of Roma communities, as well as the impact of efforts at improving their situation.13 Europe 2020: The EU’s growth strategy for the coming decade14, amongst others aiming at improving the social and economic situation of Roma in the EU.
To start off with, who are the Roma? They are the Europe’s largest minority with an estimate of more than 10 million Roma living in Europe. There is no definite historical homeland of these communities, who inhabit practically all the European and Central Asian countries. The diversity of their culture can be seen through the multiple languages, traditions and customs of the Roma subgroups. However, historically, the Roma population of Europe has been known to suffer from extreme poverty, atrocious living conditions and exclusion.15 12
http://fra.europa.eu/en
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ibid. http://ec.europa.eu/europe2020/index_en.htm Ringold, Orenstein and Wilkens, page vii
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“Roma are the most prominent poverty risk group in many of the countries of Central and Eastern Europe. They are poorer than other groups, more likely to fall in poverty, and more likely to remain poor. In some cases, Roma poverty rates are more than 10 times that of non-Roma.”16 Research as of 2007-817 shows that in such European countries, as Bosnia & Herzegovina and Montenegro the percentage of Roma living in household below $4.30 per day is greater than one-quarter (26% and 33% respectively) with Roma in Albania and Kosovo experiencing even a greater degree of poverty with 29% and 47% respectively living in households below $2.15 per day. This is by no means assuaged by the unemployment rates of greater than 40% in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Romania, Serbia, Slovakia, etc. The primary education enrolment, on average, is just around 50%. Roma People have a long history of facing racism, discrimination and intolerance throughout the EU. The populist anti-Roma rhetoric of some far-right European parties blames the Roma population for countries’ problems, using them as scapegoats for public discontent. This strategy of blaming Roma as a weak part of the society has intensified popular hostility and racism against Roma in several EU Member States. Keeping all of that in mind, the EU is trying to eliminate the core causes of the current disadvantageous position of the Roma communities through putting forward a European Framework for National Roma Integration Strategies (NRIS), which would “help guide national Roma policies and mobilise fund available at EU level to support inclusion efforts”18. The current goals are now concentrated in four essential areas: education (ensuring the completion of the primary education by all the Roma children), employment (reducing the employment gap between the Roma minority and the population’s majority), health (reducing the health gap, through cutting child mortality, maternal mortality when giving birth and ensuring the access to healthcare) and housing (ensuring the access to housing and public utilities such as electricity and water). Furthermore, the European Commission advices the adherence to the national strategies and the effective use of the EU funds to support Roma integration. The EU’s Fundamental Rights Agency (FRA) is currently collecting data on the socio-economic situation of Roma. Additionally, EU sets out the “cross-cutting policies for Roma integrations, such as: ensuring that the strategies go local, enforcing anti-discrimnation rules, following a social investment approach, protecting Roma children and women, addressing poverty”.19 16 17 18 19
ibid, page xiv http://siteresources.worldbank.org/INTROMA/Images/romadata.jpg www.ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2015&furtherNews=yes ibid.
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Since the NRIS is a non-binding legal instrument, the Member States are not obliged to strictly adhere to it. Social exclusion, disadvantages, discrimination and human rights violations – it is without doubt that the situation of Roma in the EU needs to further improve. The question that remains is how EU institutions and Member States can effectively take joint responsibilities for these issues. How can the deep-rooted social exclusion of Roma be ended, how can their situation be improved and how can the often hostile attitudes against Roma communities be changed?
Recommendation on effective Roma integration measures: www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/139979.pdf Official news about the Recommendation: www.ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2015&furtherNews=yes EU and Roma: http://ec.europa.eu/justice/discrimination/roma/index_en.htm Ringold, Dena, Mitchell A. Orenstein, and Erika Wilkens. Roma in an Expanding Europe: Breaking the Poverty Cycle. Washington, D.C.: World Bank, 2005. Print.: https://openknowledge.worldbank.org/bitstream/handle/10986/14869/30992.pdf Country thematic studies on the situation of Roma: http://fra.europa.eu/en/country-data/2013/country-thematic-studies-situation-roma Racism against Europe’s Roma: http://world.time.com/2013/08/21/roma-in-europe-age-old-discriminationworsens-in-tough-economic-times/
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