TRENS - Preparation Kit

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ACADEMIC PREPARATION BOOKLET. TAMPERE NATIONAL SESSION OF EUROPEAN YOUTH PARLIAMENT FINLAND Tampere, Finland from 5th to 9th of January 2017


WORDS OF WELCOME

Dear delegates, The Chairs’ team of Tampre 2017 – National Session of EYP Finland proudly presents you the Academic Preparation Kit. The chairs had put a lot of effort in coming up with this document which will help you best prepare academically for the session. Each Committee has a respective Topic Overview. The Topic Overviews are meant to introduce you to your topic and give you all the relevant information that will help you achieve a comprehensive understanding of your topic as well as of other topics which will be discussed at the session. Each Overview follows a specific structure and serves as background material for your research and aims to identify the key issues at stake while synthesising the topic area. The links provided in section 6 will hopefully facilitate your further research but are of course by no means exhaustive. The topics of the session revolve around the session theme: Global Development as a driver of a Sustainable European Economy. From security threats to the future of the EU, economic sustainability, green technologies, TTIP etc. – the topics we will discuss all affect our lives one way or another. Therefore, for us to make the most out of these discussions it is crucial for everyone to come well prepared to the session. Try not only to go through your own topic but also through the rest of them. This way we will be having very fruitful, factually correct and highly academic discussions during the General Assembly. We do realise that all this might be a bit intimidating for you: the topics, the academic preparation the session itself. There is no reason to have any fears! We, the entire officials’ team are here for you, to guide you, to help you, to assist you and answer to all your questions! You will hear from your respective chairs with further instructions and if you have any questions yourself, do not hesitate to get in touch. Most importantly: get excited! Soon we will gather in Tampere and the session will not only revolve around the technicalities of the EU. We will be spending some beautiful days together while learning in a stimulating environment. Enjoy preparing yourself at your best because your best is more than enough! With great excitement, Aino, Bugra, Jacopo, Karlis, Kevin, Mariam, Olivia, Pieta, Valtteri, Weronika, Christine, Tuusa, Waltter and Aida.

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TABLE OF CONTENTS 1 2 3 7 12 17 22 27 31 36 40 . 46 a 50 55 56

WORDS OF WELCOME TABLE OF CONTENTS THE EUROPEAN UNION GUIDE THE COMMITTEE ON CONSTITUTIONAL AFFIARS THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY THE COMMITTEE ON INTERNATIONAL TRADE THE COMMITTEE ON INDUSTRY, TECHNOLOGY AND RESEARCH THE COMMITTEE ON LEGAL AFFAIRS THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS I THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS II THE COMMITTEE ON SECURITY AND DEFENCE SPONSORS AND SUPPORTERS HONORARY PATRONS


THE EUROPEAN UNION GUIDE 1. WHAT IS THE EU? The EU is an international organisation sui generis A. Its Member States have transferred significant powers and parts of their sovereignty to the EU and no other organisation has ever known such a degree of inter-state integration. For instance, EU law has supremacy over national law. The fact that the EU has independent bodies, such as the European Commission, the Court of Justice of the EU or the European Central Bank, which operate independently from the Member States and its decision-making process is not based on the principle of unanimity account for the supranational character of this organisation. Furthermore, EU law has supremacy over national law. 1

From its creation in 1952 as the European Coal and Steel Community, the EU has grown from the 6 founding Members B to 28 Members after the accession of Croatia in 2013. The legal basis of the EU are two Treaties: The Treaty on European Union (TEU) and the Treaty on the Functioning of the EU (TFEU). C 2

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Article 2 TEU articulates the core values of the EU: r espect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Article 3 TEU postulates the main aims of the Union: promote peace, ensure free movement of persons, establish an internal market and an economic and monetary union. In its history, the EU has had significant achievements and successes. The internal market is the largest market in the world and the Member States enjoy many economic benefits from being a part of it. The free movement of the citizens as well as the high level of protection of human rights within the EU have strengthened the European identity and have maintained peace and prosperity in Europe for over 60 yearsD4. However, the EU still faces many challenges. The financial and debt crisis, the refugee crisis and an increase in distrust of its citizens towards the EU are crucial issues that the EU is yet to address effectively.

2. WHAT COMPETENCES DOES IT HAVE? While the EU has more competences than any other international organisation, its activity is still limited by two core principles: Subsidiarity and Proportionality.E The EU can issue legislation only in the areas where the Treaties provide a legal basis and confer the EU compe tence (attributed competence) . There are different forms of EU competences: 5

Exclusive Competence: In these areas the EU alone can legislate and adopt legally binding acts ! The Member States can only do so if empowered by the EU, otherwise they have no legislative competence and cannot adopt any legally binding acts in these areas. The main areas that fall within exclusive competence of the EU are: • customs union • the establishing of the competition rules necessary for the functioning of the internal • market • monetary policy for the Eurozone Member States • common commercial policy • the conservation of marine biological resources under the common fisheries policy. A B C D E

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Latin for: “of its own kind; unique”. The EU’s six founding members are France, Germany, Italy, Belgium, the Netherlands and Luxembourg. The Lisbon Treaty is not the legal basis of the EU! The Lisbon Treaty simply amended the two already existing treaties: the Treaty on European Union and the Treaty Establishing the European Community (which was renamed Treaty on the Functioning of the EU after the Lisbon Treaty came into force). These were also some of the main reasons why the EU was awarded the Nobel Peace Prize in 2012. European Parliament, 2016, “The Principle of Subsidiarity” http://www.europarl.europa.eu/ftu/pdf/en/FTU_1.2.2.pdf


Shared Competence: In the areas that fall within shared competence, the Member States can adopt legally binding acts only if the EU has not exercised its competence (yet) or the EU has decided to cease exercising its competence. If the EU exercises its competence, the Member States cannot adopt legally binding acts in that area. The main areas that fall within shared competence are: • Internal market • economic, social and territorial cohesion • agriculture and fisheries, excluding the conservation of marine biological resources • environment • consumer protection • transport • energy • area of freedom, security and justice. Supporting, Coordinating, or Supplementary Action: In the areas which fall within this category, the Union can take action to support, coordinate or supplement Member State action. However, the EU cannot harmonise law in these areas! The main areas that fall in this category of competence are: • protection and improvement of human health • industry • culture • tourism • education • vocational training • youth • sport Common Foreign and Security Policy (CFSP): Since this is a politically sensitive area, distinct rules apply to foreign and security policy. Decision-making continues to be more intergovernmentalF and less supranational than in other areas of EU competences. 6

F

The main idea behind the intergovernmental character of the CFSP is that decisions in this field are taken by the Member States to gether rather than imposed or proposed by the EU as an organisation. Some of the intergovernmental features of the CFSP are: the Council and the Parliament cannot implement Directives or Regulations; Decision-making is only achieved through Decisions (see point 4 below) by the European Council or the Council of the EU; For a decision to come into force, unanimous voting is required.

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3. WHAT ARE THE MAIN EU INSTITUTIONS AND WHAT IS THEIR ROLE? Article 13 TEU lists seven institutions as the principle EU institutions. Here we will present the institutions which play a more frequent role in an EYP context. The European Commission: Also known as the “motor of integration”, the Commission is the institution which preserves the interests of the EU as an organisation. It is lead by the President of the Commission (currently JeanClaude Juncker) and consists of 28 Commissioners. Each Member State suggests a Commissioner. However, they do not represent the interest of their country in their role as Commissioners and their independence must not be in doubt! The main powers of the Commission are the following: • Legislative power: The Commission has the right to initiate legislation. The vast majority of legislative acts within the EU are initiated (drafted) by the Commission, before they’re approved by the Parliament and the Council. • Administrative power: the Commission administers the policies and legislation, once they are implemented and maintains a general supervisory overview to ensure that the rules are properly applied within the Member States. • Executive power: The Commission plays a central role in managing the EU budget and in representing the Union externally.G • Judicial power: The Commission ensures the application of the Treaties and EU law. In order to comply with this task, it can investigate Treaty violations or it bring actions against Member States when they are in breach of EU law before the Court of Justice of the EU (CJEU). 7

The European Parliament: It consists of 754 Members, directly elected by European citizens every 5 years. Together with the Council of the EU it passes the legislation proposed by the Commission. Furthermore, the Parliament has extensive budgetary powers and can exercise supervisory powers as well. The Council of the European UnionH8: Also referred to as “the Council”, it consists of a minister from each Member State, who is responsible for the matter being discussed. Although the Council is a single body, it meets in different configurations. At present there are ten Council configurations.9i Its main power is legislative. In most cases, legislative act proposed by the Commission can only be implemented if it is approved by both the Council and the Parliament. The Council also has a say in budgetary matters, it can conclude agreements on behalf of the EU with third countries or international organisations and it has significant powers in defining and implementing the CFSP. European Council: It consists of Heads of State or Government of the Member States together with its President (at present Donald Tusk) and the president of the Commission. The main role of this institution is to provide guidelines for the development of the EU and define its general political directions and priorities.

G H I

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The issue of international representation in the EU is a bit complicated. While the High Representative of the Union for Foreign Affairs and Security Policy is in charge of carrying out the EU Foreign and Security Policy, the President of the European Council also ensures the external representation of the Union in matters related to the CFSP, whereas the Commission represents the EU on matters outside the CFSP. Beware the word Council: There are three main institutions in Europe which contain the word Council. It is very important to know the difference between them: The Council of Europe (CoE) is not an EU institution but an independent international organisation with 47 Member States. The European Council and the Council of the EU are two EU institutions. They have different powers and competences, the the difference between the two is also very important! The three most important configurations are the General Affairs Council, the Foreign Affairs Council, the Economic and Financial Affairs Council. The other Council configurations deal with: Justice and Home Affairs; Transport, Telecommunications and Energy; Employment, Social Policy, Health and Consumer Affairs; Agriculture and Fisheries; Competitiveness; Environment; and Educa tion, Youth, Culture and Sport.


4. HOW DOES THE EU ACT? INSTRUMENTS There are several legal and non-legal instruments which the EU can use to attain its objectives. The principal instruments are the following: Regulations: they are entirely binding and directly applicable in all Member States. Directives: Directives differ from Regulations in that they do not have to be addressed to all Member States and they leave some choice to the Member States regarding the form and method in which they will be implemented. They are b inding in regards to the Member States but (generally) not directly applicable. The Member States have to first implement the Directives, generally through a national law. Decisions: are entirely binding and a decision which specifies those to whom it is addressed is binding only to them . They are generally used as binding acts in relation to specific addressees, which can be private individuals, specific groups or firms. Recommendations, Opinions and soft lawJ:10these instruments are not binding and as such they cannot have direct effect. These forms of soft law are used to supplement legally binding acts, especially in the areas where the EU does not have the competence to harmonise the national laws.

J

The term is used for legally not binding acts.

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AFCO

THE COMMITTEE ON CONSTITUTIONAL AFFAIRS

With the anti-EU rhetoric culminating in Brexit and other calls for EU referendums in several Member States: How should the EU respond towards growing skepticism among the European people concerning its functioning and democratic legitimacy?

BY KEVIN BOLAND (IE) 1. RELEVANCE AND EXPLANATION OF THE TOPIC With the Brexit result in June 2016, the crisis of conscience of the EU has reached a tipping point. The rise of Eurosceptic groups across the EU is ever present. With critical elections in the many Member States in the next year, it is possible that Anti-European parties could be swept into power and seriously endanger the European project. Many of the Anti-European parties want ‘more influence’ over competences1 that the EU hold, returning sovereignty back to the Member States. From activists in the Netherlands wanting a referendum on the proposed free trade deal with Canada2 to Irish opposition to the moves towards a consolidated corporate tax base3, there is little agreement what deeper and closer integration should be. However EU Single Market4 is a fundamental function of Europe that requires cooperation and coordination of Member States to succeed. It has enabled EU to become the single largest trading bloc in the world and along with the EU Structural and Cohesion funds5 has raised the standard of living Member States greatly in the past decades. Democratic legitimacy has been a sensitive issue. Although the Lisbon Treaty6 gave greater authority to the Parliament and each decision is now taken by a directly or indirectly elected public official, EU voters feel they are not represented in the decision-making process, and this has led to disengagement with the EU institutions. This disaffection with Europe was clearly expressed during the latest European elections, which reached an all-time low voter turnout of 42.54% in 2014.7 The EU has been overwhelmed with many challenges in recent years, and its functioning and governance are called into question as of late. The Great Recession 2007-2009 resulted in a sovereign debt crisis calling into the question the future of the Euro. The by the European Central Bank governing of the Eurozone under the Economic and Monetary Union8 is criticised as inflexible and unable to cope with the different stages of the economic cycle of Eurozone economies.

1 List of EU competences 2 Dutch campaigners gather signatures to derail EU-Canada trade deal 3 Ireland still opposed to corporate tax base consolidation 4 How the EU works: what is the single market? 5 European Structural and Investment Funds 6 The Lisbon Treaty for dummies 7 It’s official: Last EU election had lowest-ever turnout 8 Economic and Monetary Union

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The ongoing migrant crisis has also called into question the cooperation throughout the Member States. Under the Dublin Regulation9, refugees are required to claim asylum in the Member State in which they first arrive. This has overburdened the MS at the external borders of the EU, since these countries will be the first countries in which the refugees enter the EU. Greece and Italy in particular have felt abandoned by the rest of the EU and in response to the growing dissatisfaction they have been allowing people to pass through the Schengen area10 into other Member States. The unregulated flow of migrants has led to an uneven distribution across the Member States and has raised serious security questions.

2. KEY CONFLICTS The four freedoms are a fundamental part of the makeup of the EU. They create the core of the Single Market and they also enable people to have a European identity. These freedoms include the free movement of goods, services, capital and most importantly people to travel freely across the EU without restraints such as visa or tariffs. The lack of barriers and tariffs have boosted the European economy in the past six decades. In recent years however, this concept has come under fire from the Member States that feel that these freedoms negatively impact their national sovereignty. The free movement of people, which allowed unlimited access of EU citizens into the UK was considered an essential aspect of the UK’s decision to leave the EU. In light of the ongoing migrant crisis many have called into question the viability of “unlimited access” and lack of stronger border control for the Member States. On the other hand, the European Commission has estimated that reintroducing border controls within the Schengen area would cost the European economies between 5 and 18 billion EUR annually.11 The Euro has been a conflict issue within the EU since its conception. Many believe that the removal of transaction costs and the ease of doing business across the Eurozone is a worthwhile price to pay. Other think that the inability to devalue a national currency is more critical as it is a key way of making countries more competitive in a time of recession. The Euro crisis and in particular the bail-out programmes, which aimed at helping the struggling economies in Southern Europe have also caused controversy and to some extend, a division between the poorer regions of Europe and the rich countries. The question of future integration is a divisive issue across Europe. Further integration would see more competencies removed from the Member States and placed under the control of the EU institutions. Taxation and greater fiscal competences are a critical area of concern. Some feel that this creates necessary oversight on national governments and puts the essential checks and balances in place to prevent a future crisis. Others believe that national governments should retain this power as they are best aware of the public’s opinion and society’s needs.There is also a lack of transparency and resistance to introducing lobbying regulations and remove the revolving door culture12 between the EU institutions and industry. These conflicts of interest call into question the motives of individual officials.

3. MEASURES IN PLACE Lisbon Treaty-Strengthening of the European Parliament The enactment of the Lisbon Treaty gave more powers to the European Parliament in an attempt to balance the division of power across the EU institutions.It put Parliament on an equal footing with the Council in the annual budgetary procedure, which now resembles the ordinary legislative process. The Parliament must also elect the EU Commission President. European Citizens’ Initiative (ECI) The Lisbon Treaty introduced the ECI. It enables European citizens to invite the European Commission to propose legislation in an area which falls under EU competence. For an ECI to be successful more than one million people have to back the initiative from at least 7 out of 28 Member States. Aim of the initiative was to include more the European citizens in the decision-making process as well as to increase the democratic legitimacy in the EU.

9 Country responsible for asylum application (Dublin) 10 Schengen Area 11 The economic impact of suspending Schengen 12 Revolving Door

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European Semester 2016 Spring Package The EU Commission launched country-specific recommendations13 (CSRs) in the Spring Package of 2016 to strengthen the Member States within the Union. It provides tailored advice to the individual Member States on how to boost jobs, growth and investment while maintaining sound public finances.These initiates it is hoped will complement the values set out in the Five Presidents Report. The Five Presidents Report 201514 Set out a timeline for the first steps necessary to complete European Economic and Monetary Union (EMU) at the latest by 2025. The political dimensions talked of “democratic accountability, legitimacy and institutional strengthening”, however with the current sentiments towards further integration at an all-time low, it is clear that many roadblocks are facing the project. The State of the Union Addresses 2016 Mr Juncker, the head of the EU Commission set out some different initiatives to stem the growth of Anti-EU rhetoric. Among the initiatives announced was the action plan for youth, job seekers, and start-ups recognising the need to get Europe growing again. An ambitious Investment Plan for Africa15 launched was knowing that instability in this area has exacerbated the current immigrant crisis.

4. STAKEHOLDERS AND INSTITUTIONAL CHART Institutional Chart European Commission The Commission plays a vital role in shaping policy decisions and the direction of the EU. The Commission must propose all legislative initiatives and changes and therefore referred to as the “government” of the EU. Its main aim is to represent the interests of the EU as a whole. Even though the Member States propose the Commissioners, they have to act independently and in no way should they act in the interest of their respective country. Its goal is toward closer European integration as set out under the Five Presidents Report for a closer economic and monetary union. European Parliament The Parliament has received greater powers in recent years. It now has the same rights as the Council with the ordinary legislative procedure, which is the most common form of enacting legislation. The twin objectives of the members of parliament are to represent both their constituents but also the greater strengthening of European values. However, with the rise of Anti-European groups on the extremes of the political spectrum in the 2014 European elections, there is concern that gridlock will become a feature of the parliament and calls into question what exactly are European values. Council of the EU The Council of the EU (or differently known as the Council of Ministers) consists of a Minister from each Member State, who is responsible for the matter being discussed. It has legislative powers and in order for a legislative act to pass, both the Parliament and the Council must approve it. European Council The European Council is the EU institution that defines the general political direction and priorities of the European Union. It works on a consensus basis and with growing division among the Member States fearing there will be a lack of unity on decision making thus leading to a lack of leadership and direction for the Union as a whole. It is a problematic situation as economic and political instability within Member States force political leaders to look inwards and focus on seeking political gains rather than the interest of the union. Member States The political landscape across the many Member States is currently very volatile and has led to unclear mandates for national political parties who are struggling to form stable governments. This instability has resulted in a lack of engagement with the traditional political parties and move towards the extremes.

13 European Semester 2016 14 The Five Presidents' Report: Completing Europe's Economic and Monetary Union 15 State of the Union 2016: European External Investment Plan:

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5. KEY QUESTIONS 1. How can the rise of political extreme across the EU be dealt with effectively? 2. What direction should the EU take into the future; strengthening or redefining European values? 3. How can EU institutions become more transparent and inclusive of citizens of Member States?

6. ADDITIONAL LINKS • • • • •

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Now what?- The future of Europe Challenges of multi-tier governance in the European Union Effectiveness, efficiency and legitimacy Completing Europe’s Economic and Monetary Union-Five Presidents report 20 reasons you should vote to leave the European Union 10 reasons you should vote to stay within the European Union


ECON

THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS

Keeping in mind the moderate economic growth of the Eurozone and its dependence from a slowing global economy: How can the EU achieve lasting economic stability within the Eurozone?

BY KĀRLIS KRĒSLIŅŠ (LV) 1. RELEVANCE AND EXPLANATION OF THE TOPIC The Eurozone continues to grow at a moderate pace. Investments have improved, there are overall decent financing conditions, unemployment is slowly decreasing, and inflation has started to bounce back. At a first glance it seems like all is going well. However, the financial crisis in 2008 put the Eurozone in the deepest recession since the 1930s. Although Europe has got back on its feet, it is still vastly dependent on the slowing global economy. The global GDP has been growing at a snail’s pace, not only because of the slowdown in emerging market economies but also because of the passive growth in the advanced economies. Little demand and substantially weak trade growth outside the EU entail small if any support. Therefore, the development of the Eurozone is highly dependent on domestic demand. Starting from mid-2014 oil prices have been plummeting, In January 2016, oil prices dropped to their lowest levels in more than ten years. To put it simply, it boils down to the economics of supply and demand. Oversupply of oil and declining demand are the essential conditions for the collapse of oil prices. Overall, for the Eurozone and other oil importing economies the low oil prices have turned out to be a benefit because it has raised the disposable income of the consumers. Unfortunately, the boost from low oil prices is diminishing. As a result, private consumption growth is slowly hindering, and inflation is set to ascend. Europe is going through a period of economic and political uncertainty, from the refugee crisis other issues such as Brexit and Ukraine. The backlash against globalisation has had a significant effect on increasing the political tension. Sanctions on Russia have influenced Eurozone countries whose economy is tied tightly with the East. The first predictions related to the costs Brexit will have for the European economies seem pessimistic and the economic effects of the refugee influx are still unclear.

2. KEY CONFLICTS It’s not easy to recover from a destructive crisis. Most European countries have managed to rehabilitate but not all. Countries such as Greece and Spain are still on the low end while others achieve great success. The unemployment rate in the EU differs from 4% in Malta to 23.3% in Greece which is a remarkable margin16. Some Member States also have a massive debt to pay back, for example, Greece’s public debt is 179.2% of its GDP17. The primary challenge is to choose the strategy how to deal with this dilemma. Since the 2008 financial crisis there has been a vivid debate around austerity measures18 and debt cuts. Debt cuts give the country air to breathe a bit and makes it easier to pay back the debt in a particular time. On the other hand, austerity measures push the 16 17 18

Eurostat. Euro area unemployment. Eurostat. General government gross debt - quarterly data. Austerity measures pushes countries to cut public spending in order to reduce budget deficits.

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countries to reduce public spending which provide budget surplus and raises the confidence of investors. This way is considered the right one by many EU politicians becuase it does not only reduce what they consider as unnecessary public spending but it also helps reform the public sector of the countries in crisis, which is considered as one of the main causes that led to the crisis. However, austerity measures also lower the GDP of a country, reduce growth and tax revenue and increase the percentage of debt to GDP. Countries such as Greece and Portugal which have high public debt are in favor of debt cuts, but the countries which have loaned this money (debitors) like Germany, Finland and the Netherlands are in favour of austerity. The rise in political and economic uncertainty has a substantial effect on the Eurozone. Lately, the ideology of Euroscepticism and populism has been on the rise. Brexit is a memorable event in the history of Europe and it has raised many questions regarding the advantages of the EU Membership. Eurosceptic parties in the Netherlands, Italy and France also have referenda on the EU or Eurozone Membership in their electoral programmes. Other countries leaving the EU or the Eurozone could have devastating consequences for the economy of Europe, mainly because investors would feel afraid to invest in a politically unstable region. The Refugee crisis has been at the spotlight of attention since 2014. It has put a lot of burden on some of the Member States (particulary Greece, Italy and Hungary), but some have only been affected slightly. The vast majority, around 70%, of the refugees are of working age19. For many countries with shrinking workforce and ageing population, well-integrated refugees may strengthen the fiscal sustainability of a country. In contrast, if the potential human capital is not used correctly it may cause quite the opposite. In short-term, refugees can generate economic growth because of the increased expenditure of involved governments. They can also reduce the level of unemployment by working in sectors where natives are not willing to work. Unfortunately, the average level of education for asylum seekers is lower than residents, and relatively they lack the needed skills. Russia is the European Union’s third-biggest trading partner. In 2014, the EU introduced diplomatic and economic sanctions to take a stance against Russia’s violation of Ukraine’s territorial integrity. The duration of the sanctions is linked to the complete implementation of the Minsk agreements. The Austrian Institute of Economic Research (WIFO) considers that the export ban on products directly covered by these and Russian counter-sanctions will cause limited economic damage to economies within the EU. On the other hand, particular countries and sectors, especially the agricultural, have been affected more noticeably. Goods exports to Russia from the EU fell by 28%20 from 2014 to 2015. The Transatlantic Trade and Investment Partnership (TTIP)21 has been negotiated since 2013. TTIP is a freetrade agreement between the USA and EU. Its main aim is to boost the economy and foster growth. It is predicted that the partnership would increase the size of the EU economy by 120 billion euros22. If international trade grows, that means extended turnover in export-oriented industries which would lead to more jobs. TTIP will remove the import tariffs and other obstacles to trade. However, it is not all roses and disappearance of jobs in some sectors is one of them. There are worries that TTIP will lead to lower European standards on food safety, environment and privacy which are lower in the USA. Recently, 15th negotiation round has concluded, but the EU and the USA still haven’t come up with an agreement.

3. MEASURES IN PLACE Investment plan for Europe23 is an initiative to fight economic weakness remaining from the 2008 financial crisis. The purpose of the plan is to foster investment and reclaim EU competitiveness therefore increasing growth and creating jobs. Its total budget is 315 billion EUR, and during the first year of this initiative they have invested more than 100 billion EUR mostly in SMEs, Research, Development and Innovation and Energy24. On 30 October, 2016, the EU and Canada signed a trade agreement, known as the Comprehensive Economic and 19 Directorate-General for Economic and Financial Affairs. An Economic Take on the Refugee Crisis - A Macroeconomic Assessment for the EU. 20 Directorate-General for Trade. Russia. 21 European Commission. Transatlantic Trade and Investment Partnership. 22 Centre for Economic Policy Research. Transatlantic Trade and Investment Partnership. 23 European Commission. Investment Plan. 24 European Investment Bank. Investment plan for Europe - The first year.

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Trade Agreement (CETA)25. The objective of this agreement is very similar to TTIP. It is predicted that the Canada is going to trim tariffs worth over 500 million EUR thus increasing the choice of European consumers but at the same time maintaining the EU’s strict standards. The Stability and Growth Pact (SGP)26 is a legal framework that seeks to ensure sustainable public finances in the interest of the stability of the Eurozone. The framework sets certain rules to which every Member State must comply otherwise they can get fined by up to 5% of the country’s GDP. Member States must reach their Medium-Term Objective (MTO), which is designed to monitor the governments and whether they meet their previously set financial budgetary targets. They cannot reach an excessive budget deficit greater than 3% of GDP. If the public debt is over 60% of GDP and it is not reducing at a sufficient rate, financial sanctions are implemented. European Neighbourhood Policy (ENP)27 aims at increasing partnership with EU’s southern and eastern neighbours, to ensure close political connection and to carry out the maximal possible economic cooperation. The EU works jointly with its partners to come up with common action plans for them, which consist of partnership sectors starting from economic integration to democratic values, stability and security. The success of the ENP has been vastly debated, especially the values of the political systems of some of the ENP partner countries are dubious at best. The civil war in Syria, dictatorship in Belarus, constant conflicts between Ukraine and Russia and the never ending dispute over the West Bank between Israel und Palestine are only some of the main issues the ENP has to deal with at the moment. The Europe 202028 is a growth strategy for the EU, made to boost the creation of jobs and promote smart, sustainable and inclusive economy for the current decade. Precisely, The EU has set 5 very ambitious targets on employment, innovation, education, social inclusion and climate/energy. Every Member State has framed its own national aims that need to be achieved by 2020. The bailouts Several times the EU has given out financial support to financially struggling countries to prevent the collapse of the country. In May, Greece already received its third bailout of 10.3 billion EUR. These bailouts are one of the reasons for the high Euroscepticism in economically developed countries because there are concerns that they might take the burden of paying them back. European Stability Mechanism (ESM)29 Is an intergovernmental organisation whose mission is to provide financial assistance to Eurozone countries expecting or suffering from financing problems. It has replaced two earlier EU funding programmes the European Financial Stability Facility (EFSF)30 and the European Financial Stabilisation Mechanism (EFSM)31. By accepting the loan, the state also promises to comply with a programme of reforms designed for them to restore financial stability.

4. STAKEHOLDERS AND INSTITUTIONAL CHART Member States have the competence to regulate their fiscal policies within the boundaries set by the SGP and the MTOs. The Member States also have the capability to establish their national labour and social policies. European Central Bank (ECB)32 is an official EU institution and the core of the Eurosystem. The Eurosystem consists of the ECB and the national central banks of the Eurozone. ECB’s primary task is to keep prices steady, therefore promoting economic growth and job creation. They are also responsible for the production of euro banknotes thereby controlling the money supply and inflation. The ECB is an idependent institutions, which means that it is 25 26 27 28 29 30 31 32

European Commission. Comprehensive Economic and Trade Agreement. European Commission. Stability and Growth Pact. European Union External Action. European Neighbourhood Policy. European Commission. Europe 2020 strategy. European Stability Mechanism. What we do. European Stability Mechanism. Before the ESM. European Commission. European Financial Stabilisation Mechanism. European Union. European Central Bank.

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not bound by either the guidelines of the MSs or the EU. European Investment Bank (EIB)33 works in close cooperation with the EU and its institutions. Their intention is to provide funding that helps to achieve EU goals. The EIB lends it to projects which contribute to generating more jobs, boost growth and promote EU policies outside its borders. EIB is liable to oversee European Fund for Strategic Investments and European Investment Fund. International Monetary Fund (IMF)34 is an organisation which promotes cooperation between countries, economic growth, increase global trade, reduce unemployment and poverty around the world. The main purpose of it is to ensure stability of the international monetary system. The IMF has been one of the lagest contributors in the bailot programmes and has had a very firm stance against debt cuts for the struggling economies. Directorate General for Economic and Financial Affairs (DG ECFIN)35 is a department of the European Commission which goal is to contribute to increasing the prosperity of citizens of the EU by ultimately boosting growth, investment and creation of jobs. DG EFCIN extends its competences as far as implementing structural reforms and policies. Economic and Financial Affairs Council (ECOFIN)36 is a configuration of the Council of the European Union which is liable for EU policy on taxation issues, regulation of financial services and economic policy. Together with the European Parliament, it formulates the annual budget of the EU. ECOFIN is made up of the economics and finance ministers from all Member States. The Organisation for Economic Co-operation and Development (OECD)37 is an intergovernmental economic organisation established to promote policies to foster economic growth, world trade, sustainable development and well-being of people all over the world. OECD provides the EU with peer reviews of policies and specific country reports.

5. KEY QUESTIONS • • • • •

Can the EU reduce its dependency on the global economy? If yes then how? How can the EU improve the conditions for investment within the eurozone? What is the best way to handle the growing political and economic uncertainty? What effects will Brexit, the refugee influx, terrorism threats have on the European economy? How can the EU decrease the debt and unemployment margins between the Member States?

6. ADDITIONAL LINKS • • • • • • •

33 34 35 36 37

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Autumn 2016 Economic Forecast: Modest growth in challenging times - http://ec.europa.eu/economy_ finance/eu/forecasts/2016_autumn/overview_en.pdf How the euro caused the Greek crisis - https://www.youtube.com/watch?v=ULQiCN0YNmw After Brexit and Trump, Populists Target Next Dominoes in Europe - https://www.bloomberg.com/news/ articles/2016-11-09/after-brexit-and-trump-populists-target-next-dominoes-in-europe Populism (in Economics and/or Politics) Explained in One Minute - https://www.youtube.com/ watch?v=gQcRibGhhSg An Economic Take on the Refugee Crisis - http://ec.europa.eu/economy_finance/publications/eeip/pdf/ ip033_en.pdf Europe’s economic challenges for 2016 - https://www.youtube.com/watch?v=N9iOmSpPvb4 ECB and the Eurosystem explained in 3 min - https://www.youtube.com/watch?v=TAlcFwGIQBg

European Union. European Investment Bank. International Monetary Fund. About the IMF. European Commission. Directorate General for Economic and Financial Affairs. Council of the European Union. Economic and Financial Affairs Council. The Organisation for Economic Co-operation and Development. About the OECD.


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EMPL

THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS

Migration as a driving force in the European economy: Considering the lack of qualified work force in several sectors of the European economy as well as the aging population across the continent: How can the EU make itself more attractive to highly skilled workers from outside the EU?

BY AINO RÖYSKÖ (FI) 1. RELEVANCE AND EXPLANATION OF THE TOPIC

In order to grow Europe needs skilled people. And while many Europeans are out of work, businesses also have to look elsewhere. This is a very difficult message to send but our demographic development is indeed a huge challenge for the future. Cecilia Malmström (previous Commissioner of Home Affairs)38

Migration comes in many types and it is indeed a topic that has been discussed widely lately in light of the refugee crisis, immigration within the EU and Brexit. In fact, it has to be noted that migration and especially work-based migration plays a key role in building the future of the EU. Europe is ageing and the age pyramid is showing alarming signs: soon Europe will find itself in a situation where there are so many retired Europeans that all job vacancies cannot simply be filled with skilled workers who are EU residents. Four out of the ten countries in the world where employers are having the most difficulty filling roles are EU Member States.39 Third country migration might offer a solution to this. Some steps have already been taken - the EU Blue Card Directive40 and Member State specific shortage occupation lists to name a few. However, it has to be pointed out that the current system still remains scattered, rigid and unattractive. To obtain a Blue Card one has to fill rigorous criteria and go through different bureaucratic measures. There is also competition between continents and countries for the best highly-skilled workers and Europe still does not have areas like the Silicon Valley in the USA, which has a centralised start-up zone. With the growing economy in many parts of Asia and countless opportunities in the USA, Europe has to keep up. According to OECD, out of the total highly-skilled third-country migrants residing in OECD countries, only 31% reside within the EU, whilst 57% chose USA.41 The ability to attract and retain highly skilled workers

38 39 40 41

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http://europa.eu/rapid/press-release_SPEECH-13-399_en.htm http://www.manpowergroup.com/talent-shortage-2016 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009L0050 http://www.oecd.org/newsroom/europe-is-underachieving-in-the-global-competition-for-talent.htm


2. KEY CONFLICTS As stated above, immigration has been a hot topic lately. However, associating work-based immigration with refugee flows must be avoided. Migrating highly skilled workers tend not to migrate because of fear of persecution or natural disasters and are therefore not refugees - instead they can be mostly classified as economic migrants. In 2015, 27% of the residence permits issued within the EU for third country nationals were work-based.42 However, only 17 106 out of 707 598 people who got residence based on work reasons were issued a Blue Card43(a work and residence permit for skilled non-EU nationals), which shows that there is still work to be done. In order for the EU to appear more attractive and to retain workers, a change in attitudes is needed. For example in 2015 in Finland three out of four respondents to Finnish broadcasting company YLE’s web poll stated that they were against work-based migration.44 Some respondents stated that the main reason for this was the feeling that as long as there is still unemployment in the country, immigrant workers are not needed. Attitudes echoing the “they are stealing our jobs� mentality also arose in the UK in the wake of the Brexit vote. Additionally, support for far right anti-immigration parties has been on the rise across the continent.45 However, it can be questioned whether these attitudes stem from misinformation, as there are shortages that simply cannot be filled with local workforce.

To back the previous claim, looking at Eurostat data about vacancies and unemployment rates46 from 2015 shows that the unemployment rate in Europe has gone down 1.1 percent whilst the vacancy rate has stayed more or less the same. When looking at data from 2014, it can be noted that vacancy rate has risen 0.2 percent in the span of two years. Therefore unemployment is decreasing while the amount of job vacancies is stagnant. This continuing trend shows that there are vacancies that cannot be filled with just the unemployed due to industry differences and differences in skill levels. It still remains questionable whether local, Member State-specific policies would be more effective than the Blue Card, as more people are admitted through these policies. Some Member States also have visa programmes for job seekers. Should the EU even try to implement an EU-wide work permit or where should the main focus be placed? Currently, there are still improvements to the EU Blue Card Directive to be made. As it is, it can hardly be seen attractive, and when DG Home conducted an online survey for the stakeholder groups of the Blue Card, only 55% of the respondents had heard of the directive previously.47 Compared to the widely known US Green Card, the Blue Card remains rather unknown. To add to this, an applicant still has to comply with a vast amount of criteria to acquire a Blue Card. 42 http://ec.europa.eu/eurostat/statistics-explained/index.php/File:First_residence_permits_issued_by_reasons,_EU-28_,_2008-15. png 43 http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=migr_resbc1 44 http://yle.fi/uutiset/osasto/news/yle_poll_majority_of_finns_oppose_work-based_immigration/7946732 45 http://www.bbc.com/news/world-europe-36130006 46 http://ec.europa.eu/eurostat/statistics-explained/index.php/Job_vacancy_and_unemployment_rates_-_Beveridge_curve 47 http://ec.europa.eu/dgs/home-affairs/what-is-new/public-consultation/2015/docs/consultation_029/summary_of_replies_to_ the_public_consultation_en.pdf

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After acquiring a residence permit, a whole new set of problems arise. In general, Europe has been seen as a less favorable option than the USA when it comes to integration to society. Whether the main problem is language or attitudes of locals - in 2002-12, 23% of third-country immigrants felt they belonged to a group that was discriminated against on the grounds of ethnicity, nationality, or race48. Different European languages tend to be harder to learn than English, which might lead to feeling less integrated. Integration plays a key role in retaining workers - the longer they work in the EU the more they contribute to the economy and to society.

“

To reap the benefits of migration we need open, transparent, realistic policies and strong political leadership. We need a Europe open to the world, a Europe that gives people the opportunities they deserve. Cecilia MalmstrĂśm

3 MEASURES IN PLACE When it comes to legislation related to work-based migration there are two important levels to consider; the EU level and Member State level. Firstly, on the EU level there are four main directives regulating work-based immigration residence permits.The most important and the broadest one, the Blue Card Directive (2009/50/EC) is an EU-wide work permit allowing highly skilled non-EU citizens to live and work in any country within the European Union (excluding Denmark, the United Kingdom and Ireland). In order to be qualified for Blue Card, the applicant must have a work contract with a salary of at least 1.5 times the average annual salary in the Member State.However, a new Blue Card revision has been proposed in the spring of 2016. For example, it suggests that the salary threshold should be lowered as well as the duration of the contract required.49The Seasonal Workers Directive allows seasonal workers from outside the EU to work in the hosting Member State for 5-9 months in seasonal jobs (typically agriculture, tourism or horticulture) and also ensures that they are treated equally. The Intra-Corporate Transferees Directive allows multinational corporations to transfer their workers from non-EU countries to facilities within EU Member States and makes the process of issuing work permits for them faster and easier. The Researchers Directive makes it easier for nationals coming from non-EU countries to carry out a research project, enter and reside in the EU for a period of more than 3 months. On the Member State level, different Member States have different legislations making it easier to fill in labour shortages. These include but are not limited to exemptions from labour market tests (e.g. Finland & Spain), exemptions from quotas (Croatia & Italy), access to a points-based system (Austria) or reduced minimum income threshold requirements (e.g. UK, Netherlands).50 It has to be noted that most work-based migrants get residence permits through national schemes and only a small percentage from the EU-wide Blue Card Scheme.51 One type of a national scheme is a shortage occupation list, used by countries to fill in job shortages that cannot be filled with national workforce. Currently there is no binding EU legislation concerning shortage occupation lists, but there are three types of shortage occupation lists that exist in Member States: Member States that identify shortages but do not link their shortage occupation lists to labour migration policy (e.g. Sweden & Netherlands), Member States which develop 48 http://ec.europa.eu/dgs/home-affairs/e-library/documents/policies/legal-migration/integration/docs/ec_oecd_joint_report_ indicators_of_immigrant_integration_2015_en.pdf 49 http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/european-agenda-migration/background-information/ docs/20160607/factsheet_revision_eu_blue_card_en.pdf 50 http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/reports/docs/emn-studies/emn_ labour_shortages_synthesis__final.pdf 51 http://ec.europa.eu/eurostat/statistics-explained/index.php/Residence_permits_statistics

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shortage occupation lists for purposes other than labour migration, but which make use of the lists in order to develop aspects of their labour migration policy (Belgium & Finland), and Member States that develop shortage occupation lists explicitly as instruments for determining the admission of third-country nationals (e.g. UK, Germany).

4. STAKEHOLDERS AND INSTITUTIONAL CHART The European Commission is the executive body of the European Union and promotes its general interest. It proposes and enforces legislation and implements policies and the budget. DG HOME is an EU body aiming to create an area of freedom, security and justice. It also includes the Directorates of migration. Member States have specific policies for migration and work-based migration. Immigration is a divided competence between the EU and Member States52, the areas mentioned in the treaty on the functioning of the EU are exclusive to the EU. Employers are the ones choosing whether to hire thirdcountry nationals to fill shortages. Also notable is that in order to obtain a Blue Card, one must have a work offer, so employers play an important part in work-based migration. Third countries are non-EU countries, where the migration flows originate. It is beneficial for EU to try to attract the most skilled workers from these countries, but at the same time it creates brain drains, which can be problematic for these countries. Competitive continents and countries such as USA, Asia and Canada are other possible destinations for highlyskilled workers. In order to fulfill the shortages in the future, EU must be able to withstand competition from these parties.

52

http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.12.3.html

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5. KEY QUESTIONS • • • • •

What exactly makes an area attractive to highly skilled workers? Is there potential in the EU Blue Card Directive? How can the negative attitudes towards immigration be dealt with? Is the current EU legislation considering this area sufficient as it it? Are national measures more effective than EU-wide measures?

For further reading and research, this folder contains articles, documents and links that might be helpful. Use this to get started with your own research! https://drive.google.com/drive/folders/0B8hgR2YhZvYGYzlNZENjMDNJdEk

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FEMM

THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY

Breaking the glass ceiling: How can the EU address the growing protest regarding the gender pay gap in Europe?

BY VALTTERI VALTANEN (FI) 1. RELEVANCE AND EXPLANATION OF THE TOPIC The gender pay gap is defined as the relative difference in gross hourly earnings of women compared to those of men. In the European Union, the pay gap is 16,4%53, meaning that European women earn an average of 83,6 cents for every euro earned by men. This is a union-wide total, and it varies greatly in different sectors of the economy and different Member States, ranging from 2,5% in Slovenia to 30% in Estonia54. However, regardless of country and sector, a gap can be detected. Equality between genders is one of the founding values of the EU (Article 2 TEU55) and eradicating the gap seems to gather the support of the European majority: 53% of Europeans think the matter should be dealt with urgently56 and nearly a third think it is the most urgent inequality to deal with57. The phenomenon has many underlying causes and it is sometimes difficult to assess which ones contribute most to creating the gap. These include58 direct discrimination or not paying women as much as men for the same work, a small factor but more prevalent in the private sector59; segregation of the labour market and undervaluing women’s work, meaning that the workforce is divided into fields with majorities of either men or women, and paying more in male-dominated fields for work of equal value; tradition, stereotypes and expectations on what women are supposed to do when it comes to choosing a profession, caring for family and domestic responsibilities, leading to preference of part-time jobs and flexibility over income. In addition to being in line with European values, closing the gap could be very beneficial60 for a number of reasons. By making full use of women’s working potential and skills both the public and private sectors would gain access to the entire population’s most capable and productive employees, allowing a greater contribution to the economy. The economy could also enjoy a wider, more independent and stable workforce, and Europe could see a decrease in old-age poverty61. The pay gap shows a slight decrease from the 2006 value of 17,7% but this can also be explained to be in large part due to the economic recession in 2008 during which men’s earnings decreased more than women’s. At this rate, it will take decades to achieve equal pay for equal work62.

53 http://europa.eu/rapid/press-release_MEMO-15-5954_en.htm 54 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/situation-europe/index_en.htm 55 Treaty on European Union. 56 http://ec.europa.eu/justice/gender-equality/files/documents/eurobarometer_report_2015_en.pdf 57 http://ec.europa.eu/justice/newsroom/gender-equality/files/public-consultation-gender-web_en.pdf 58 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/causes/index_en.htm 59 http://ec.europa.eu/eurostat/statistics-explained/index.php/Gender_pay_gap_statistics 60 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/tackle/index_en.htm 61 http://ec.europa.eu/justice/gender-equality/economic-independence/index_en.htm 62 http://europa.eu/rapid/press-release_MEMO-15-5954_en.htm

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LINKS FOR FURTHER RESEARCH: A brilliant visual introduction to the topic by the EC; a great place to start getting to know the subject: http:// ec.europa.eu/justice/newsroom/gender-equality/infographs/equal-pay-day-2015/equal-pay-day/index_en.html BBC’s take on the concept of the pay gap; “The simple answer - it’s complicated”: http://www.bbc.com/news/ magazine-37198653

2 KEY CONFLICTS The major conflict arises from how the problem is defined, addressed and what sort of actions should be taken to tackle it. The problem’s severity and the size of the gap are often questioned, as those opposing the idea of a pay gap often believe the subject is not important enough and some go as far as denying that the gap exists at all.63 Much of the critique and confusion about the topic comes from the actual number, 16,4%, which many feel like is not representative of the truth and not applicable to real-life situations.64 This largely stems from the fact that the 16,4% is referred to as the ‘unadjusted gender pay gap’, meaning it does not take into account all of the factors that impact on the gender pay gap, such as differences in education, labour market experience, hours worked, type of job, etc. It is a raw number that only reflects the average hourly wages and as such is only an indication of the problem, however useful at that.65 As already indicated, some of the causes are related to a great deal of women choosing to occupy low-pay, lowvalue jobs and preferring flexible options to higher earnings, as opposed to men choosing the opposite. This has caused some to see the subject not so much as a problem but as a result of freedom of choice, leading to a viewpoint that it is not for society, governments, organisations and institutions such as the EU to interfere with this. On the other hand, some think that these choices are a reflection of society’s attitudes and expectations about women66, and more or less force them into certain career paths. Not only the society expectations play a role but often women struggle with balancing work and private life. There are significant discrepancies between the Member States when it comes to childcare systems and how much the state does to support working parents and more specifically working mothers. While the Nordic countries are world renowed for their childcare services, some MS still need to do more in order to create the conditions for women not to be in the position where family life and work are in conflict. Lastly, the ways of solving the problem are under debate. Some call for quotas67 and similar strict legislative regulations to bring out female talent while others find less binding measures such as campaigns and suggestions more fruitful in the long run.

LINKS FOR FURTHER RESEARCH: The World Economic Forum’s article on debunking ‘myths’ about the gender pay gap: https://www.weforum.org/ agenda/2015/02/4-myths-about-the-gender-pay-gap

63 http://www.cbsnews.com/news/the-gender-pay-gap-is-a-complete-myth/ An American view, but many of the points are relevant to European discussion as well. 64 https://www.washingtonpost.com/news/fact-checker/wp/2015/04/02/the-equal-pay-day-factoid-that-women-make-78-centsfor-every-dollar-earned-by-men/?utm_term=.b347951a86f1 Again, an American article with different numbers, but represents the critique towards the unadjusted number. 65 http://ec.europa.eu/justice/gender-equality/files/gender_pay_gap/140319_gpg_en.pdf 66 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/causes/index_en.htm 67 https://www.weforum.org/agenda/2015/11/can-quotas-help-tackle-the-confidence-gender-gap

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3. MEASURES IN PLACE Pay equity in the EU was introduced in the Treaty of Rome in 1957 when the principle ‘equal pay for equal work’ was established68. This principle was reflected recently in the European Commission’s (EC) Strategy for equality between women and men 2010-2015, and continued with the Strategic Engagement for Gender Equality 2016201969. These strategies aim at proposing concrete steps and ways to ensure gender equality in general and abolish the gender pay gap in particular.70 The EU Gender Equality Recast Directive (2006/54/EC) of 2006 prohibits both direct and indirect discrimination on grounds of sex in relation to pay. The EU also rules that Member States must eradicate discriminatory practices from their rules and laws, and that victims of discrimination can take legal action without having to worry about punishments by their employer. Although not binding, the EC’s 2014 Recommendation also encourages the principle of equal pay between men and women through transparency in companies regarding the wages of the emplyees and making this information more accessible.71 In addition, since 2007 the EC has launched and promoted several other measures such as an awareness-raising campaign from 2009-2012, the European Equal Pay Day and seminars of the Mutual Learning Programme in Gender Equality72 since 2011 etc.73 The Member States have also introduced different measures to tackle the issue. The main focus lies in the legislative measures, such as binding quotas for the participation of women not only in the political sphere but also in the boards of companies. Apart from legislative acts, the MS also evaluate the situation there, organise campaigns to raise awareness etc.74

LINKS FOR FURTHER RESEARCH: National examples of Equal Pay Day: http://ec.europa.eu/justice/gender-equality/gender-pay-gap/national-action/ raise-awareness/index_en.htm

4. STAKEHOLDERS AND INSTITUTIONAL CHART The EU and its institutions are a crucial stakeholder. This concerns especially the EC, the European Parliament (EP) and the Council of the European Union, sometimes referred to as the Council of Ministers. As already established, the EC has several measures in place to combat the problem and since it has the right of initiative in the EU, it is the institution where any measure must start. The EP also considers it a political priority to achieve pay equity75. It is with the Council of the EU that the EC and the EP work to set forth additional measures and legislation.

68 http://ec.europa.eu/justice/gender-equality/index_en.htm 69 https://ec.europa.eu/anti-trafficking/eu-policy/strategic-engagement-gender-equality-2016-2019_en 70 The main goals of the of the Strategic Engagement for Gender Equality are: 1) Increasing female labour market participation and equal economic independence; 2) Reducing the gender pay, earnings and pension gaps and thus fighting poverty among women; 3) Promoting equality between women and men in decision-making; 4) Combating gender-based violence and protecting and supporting victims; 5) Promoting gender equality and women's rights across the world. 71 http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014H0124&from=EN 72 http://ec.europa.eu/justice/gender-equality/other-institutions/good-practices/index_en.htm 73 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/eu-action/index_en.htm 74 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/national-action/index_en.htm 75 http://ec.europa.eu/justice/gender-equality/gender-pay-gap/eu-action/index_en.htm , ‘Joint action’.

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However, social affairs and matters of employment are mainly a National Competence. This means it is up to individual Member States to introduce new legislative measures to tacle the problem. The EU can only support, coordinate and complement these measures, for example through funding. As such, the actions and decisions of the Member States are a major contributor to the matter76 and the MS still remain the main stakeholder in the issue. The European Institute for Gender Equality, an autonomous body of the EU, also promotes different aspects of equality between genders, including the pay gap. They specialize in data analysis and expertise sharing, and they work together with the aforementioned institutions and well as current and aspiring Member States77. There are also several Non-Governmental Organisations (NGOs) that advocate gender equality and fight against the pay gap. The most relevant of these is the largest umbrella organisation of NGOs focusing on women’s rights, the European Women’s Lobby78.

76 https://europa.eu/european-union/topics/employment-social-affairs_en 77 http://eige.europa.eu/about-eige/our-work 78 http://www.womenlobby.org/?lang=en

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5 KEY QUESTIONS • • • • •

Actually how large is the gender pay gap? How should it be measured? Why is it important to pay women as much as men? What kind of measures should be taken to combat the problem? Who benefits from pay equity and how?

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INTA

THE COMMITTEE ON INTERNATIONAL TRADE

With rising opposition to several aspects of the Transatlantic Trade and Investment Partnership (TTIP), highlighting concerns and slowing what was initially considered inevitable acceptance on both sides of the Atlantic: What position should the EU take towards the TTIP negotiations?

BY PIETA SALONEN (FI) 1. RELEVANCE AND EXPLANATION OF THE TOPIC The Transatlantic Trade and Investment Partnership, also known as TTIP, is a free trade agreement (FTA) currently being negotiated between the United States and the European Union. It would create the largest free trade area in the world, bringing economic benefits to both sides. The negotiations started in 2013 in hopes of huge economic growth and the creation of thousands of jobs on both sides of the Atlantic. However, the opposition to the deal increased in Europe as the negotiations continued. NGOs and the civil society are afraid of possible negative consequences of TTIP, such as the decline in European standards in consumer protection. TTIP might make it possible for products that are qualified safe in the US to access the European market even if they did not fulfill European standards79. The US legislation for example allows for more GMO produced food. Also the introduction of the Investor-State Dispute Settlement (ISDS) and lack of transparency of the negotiations have raised protests. The negotiations have taken this long partly because the European Commission froze the negotiations on ISDS in 2014 to ask the opinion of EU citizens and NGOs. The negotiations were restarted in 2015 on stricter terms. In addition, according to leaked negotiation memos80 published by Greenpeace, there have been areas of discussion where the US and the EU have failed to find common ground, one of the areas being the access of US agricultural products to the EU. The EU in itself has a common market and there are a lot of similar free trade agreements already in place, for example the North-American Free Trade Agreement (NAFTA) as well as the recent FTA with Canada (CETA). Why is it that this particular agreement has caused such turbulence? Could there be a way to achieve an effective deal without compromising European standards?

2 KEY CONFLICTS The main issue is how to balance maximum economic gains out of the deal while maintaining standards of production at a sufficient level. It is estimated that TTIP could bring a GDP growth around 119 bn by 2027 to the EU81. In order to get all the benefits out of the deal, it would be important to conclude the agreement as soon as possible. The tariffs on products crossing border are already fairly low between US and the EU. However, what we could achieve with a free trade agreement is the reduction of non-tariff barriers, such as customs procedures and regulatory restrictions. These kind of barriers to trade are especially difficult and expensive for small companies to overcome.

79 80 81

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https://www.theguardian.com/business/2015/oct/18/prospect-ttip-deal-undermining-eu-food-standards-gmos https://ttip-leaks.org/ttip/ http://trade.ec.europa.eu/doclib/docs/2013/march/tradoc_150737.pdf


One of the key issues the deal aims to tackle is the protection of investors. It is very risky to invest huge amounts of money without legal guarantees and protection. To prevent this from happening, TTIP would introduce the Investor-State Dispute Settlement (ISDS), which means that companies can sue governments for policies leading to loss of profit.This could potentially attract more investors because their investments would be better protected from governments’ decisions. However, ISDS already in place in other trade agreements have caused states to pay significant sums to companies for making policies contradicting their interests. For example, Germany was sued for billions of dollars by a Swedish company Vattenfall over their decision to phase out nuclear power in Germany82. ISDS is seen by many of the opposers as anti-democratic, as it is not part of the normal legal system of Member States. Following the criticism on the ISDS, the Commission proposed to reform it to better protect the governments’ right to regulate and ensure full accordance with the rule of law, renaming the system Investment Court System (ICS)83. TTIP has also been opposed due to the negotiations being held mainly in secret. NGOs have called for more transparency in the negotiations and as a result, the EU has made an effort to open up the process as much as possible. Despite numerous reports we still do not know what exactly is going on in the negotiations and not even who is present in the negotiation table. When concluding international agreements it is, however, normal that the negotiations cannot be completely open to the public as full transparency at every stage could impede the process. There are always controversial parts of trade agreements and if every single detail would be posted on the internet, activists and bloggers would tear apart the entire deal by finding more and more bits to criticise. Keeping some of the content secret also prevents the negotiators from being influenced by lobbyists.

3 MEASURES IN PLACE There are three main stages in negotiating a trade agreement: mandate, negotiation and decision. With TTIP, we are now at the second stage - negotiation. The 28 EU Member States gave the European Commission the mandate to start the negotiations with the US Trade Representative in June 201384. So far there have been 15 rounds of official negotiations as well as hundreds of meetings with different interest groups. The idea was to get the deal signed during Obama’s term but it seems that it will take more time to finish the negotiations. Once the parties reach consensus on the deal, it will still need to be approved by the MS governments as well as the European Parliament85. The agreement would have 24 chapters, grouped into 4 parts: market access, regulatory cooperation, rules and institutional. The European Commission has published a number of textual proposals and position papers that can be found online86 and has promised to publish the whole text of the agreement once the negotiations are finished in advance of its signature and ratification.

4 STAKEHOLDERS AND INSTITUTIONAL CHART European Commission is in charge of the negotiations on the EU side and it conducts the negotiations with the United States Trade Representative. Both sides expect the deal to boost economic growth, leading to an increase in jobs and higher wages. Different interest groups are also heard in various consultations and meetings. They also try to make their cause heard through lobbying. Member States’ governments & European Parliament will have to approve the final agreement.

82 83 84 85 86

https://corporate.vattenfall.com/press-and-media/news/2014/why-vattenfall-is-taking-germany-to-court/ http://europa.eu/rapid/press-release_IP-15-5651_en.htm http://ec.europa.eu/trade/policy/in-focus/ttip/about-ttip/process/ http://ec.europa.eu/trade/policy/in-focus/ttip/about-ttip/ http://trade.ec.europa.eu/doclib/press/index.cfm?id=1230

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Non-governmental organisations have protested against TTIP and raised concerns about its effects to Europe. Stop TTIP is an alliance of over 500 organisations running campaigns against TTIP. They believe that TTIP must be stopped, because it poses a threat to democracy, the rule of law, the environment, health, public services as well as consumer and labour rights87. EU citizens tried to stop the negotiations with a European Citizens’ Initiative (ECI) but the European Commission dismissed the initiative. The commission responded that the preparatory Council decisions authorising the opening of international negotiations or repealing such authorisation do not fall within the scope of the ECI88.

5. KEY QUESTIONS • • • •

87 88

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Why do we have trade agreements? What is the purpose and aim of TTIP? Why would it be important for TTIP to go through? What aspects of the deal are controversial and why? How could the deal be improved to diminish the concerns of the opposers?

https://stop-ttip.org/about-stop-ttip/ http://ec.europa.eu/citizens-initiative/public/initiatives/non-registered/details/2041


6. ADDITIONAL LINKS • • • • • • •

European Commission: http://ec.europa.eu/trade/policy/in-focus/ttip/ United States Trade Representative: https://ustr.gov/ttip Correct!v: https://correctiv.org/en/investigations/ttip/ BBC, TTIP: The EU-US deal explained: http://www.bbc.com/news/uk-politics-30493297 BBC, TTIP: Why the EU-US trade deal matters: http://www.bbc.com/news/business-32691589 Independent: http://www.independent.co.uk/voices/comment/what-is-ttip-and-six-reasons-why-the-answershould-scare-you-9779688.html Stop TTIP: https://stop-ttip.org/

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ITRE

THE COMMITTEE ON INDUSTRY, TECHNOLOGY AND RESEARCH

Championing green technologies: How can the EU boost research and innovation in green technologies in order to establish its role as a global leader in this field?

BY OLIVIA MELARANTA (FI) 1. RELEVANCE AND EXPLANATION OF THE TOPIC The field of green technology comprises a broad group of methods and materials that intend to mitigate or reverse the effects of human activity on the environment.89Green technology reaches across a multitude of areas, including but not limited to: building, chemistry, energy, nanotechnology and green procurement. Environmentally friendly technologies are increasingly being integrated into our lives, for instance by making use of solar power in construction or experimenting with nanotechnology to create self-healing materials. Utilising green technologies is essential for combating climate change and they can also be argued to have various economical and social benefits. Research and innovation in the field could generate new jobs, create cheaper alternatives to current technologies and promote the well-being of individuals and communities.90 Green technologies are a vital part of the EU’s economy, with an annual growth of 8% since the year 2004.91 The EU is also a key global player in the field as its eco-industries account for about one-third of the global market and are growing by around 5% each year.92 However, the Union is facing growing challenges in keeping up with the global pace of development. Countries such as China have increased their efforts in the green technology field93, and the EU is at risk of falling behind other world economies if it does not establish a leading role in the field.94If appropriate measures are not taken to boost research and innovation, the EU might have to resume a follower’s role in the field of green technology, losing a major opportunity for increasing its growth and competitiveness.

2. KEY CONFLICTS Research and innovation are at the basis of creating products and services that develop growth and competition. In the EU’s green technology field, the two processes can be seen to halt due to for example difficulties in implementing the EU’s environmental policies, which can also be criticized to not be systematic and systemic enough. It can be questioned whether the many relevant EU policies are orderly enough in tackling green technology research and innovation in particular, or whether they are sufficiently comprehensive in solving the issues related to it. 89 Green technology. (n.d.). Retrieved December 08, 2016, from https://en.oxforddictionaries.com/definition/green_technology 90 Green economy is vital for EU's global competitiveness (comprehensive report of conference). (n.d.). Retrieved December 08, 2016, from http://www.pbl.nl/en/green-economy-is-vital-for-eu’s-global-competitiveness 91 Using innovation. (n.d.). Retrieved December 08, 2016, from http://ec.europa.eu/environment/basics/green-economy/innovation/ index_en.htm 92 Environmental technology. (n.d.). Retrieved December 10, 2016, from http://www.eea.europa.eu/themes/technology 93 K. R. (2015, August 11). China To Spend Trillions On 'Green Tech' Retrieved December 10, 2016, from http://www.forbes.com/sites/ kenrapoza/2015/08/11/china-to-spend-trillions-on-green-tech/#5ef0f2686356 94 Green economy is vital for EU's global competitiveness (comprehensive report of conference). (n.d.). Retrieved December 08, 2016, from http://www.pbl.nl/en/green-economy-is-vital-for-eu’s-global-competitiveness

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Private investment in green technologies includes risks higher than of conventional investments. For example, it is not certain whether the demand for new green technologies will change or whether research and innovation will produce the results wanted. It is still a ”niche” area of investment compared to for example investing in shares of big energy companies.95 The risks can cause investors to be reluctant to get involved in the field. The medium- and long-term positive economical impact of green technologies is widely accepted. However, it can be argued that the EU is failing to communicate to industries and investors that even in the short-term, green technologies could have more opportunity than cost. This can cause them to not invest and engage in the field, harming the acceleration of research and innovation. Miscommunication creates the perception of clashing interests, with the EU striving for its long-term goals possibly ignoring the need for short-term motivators. Whether it is merely a perception or a reality that current EU policies fail to incentivise industries to invest in green technology research and innovation can be debated.96 The efficiency of sharing information about the various systems created to help green technology professionals and businesses can be questioned.97 There is a great number of networks aimed at sharing innovative knowledge, but still the problem of effective knowledge sharing and cooperation between different actors exist. It has been said that ‘cockpit-ism’, the illusion that top-down steering by governments and intergovernmental organisations alone can address global problems, slows down the process of reaching the EU’s sustainable development goals. Thus ‘cockpit-ism’ contradicts the argued need for the mobilisation of for example businesses, cities and civil society in order to foster green research and innovation.98Involvement of smaller actors and consumers is vital for putting goals and policies into practise.

3. MEASURES IN PLACE The 7th Environmental Action Programme (7EAP) is the guiding European environmental policy until 2020. One of the key objectives of the programme is to turn the EU into a low-carbon economy that is resource-efficient, green and competitive. Four “enablers” to help reach the goals have been identified: better implementation of legislation, better information by improving the knowledge base, more and wiser investment for environment and climate policy and full integration of environmental requirements and considerations into other policies.99 The 7EAP commits the Union’s institutions and the Members States to a common agenda for environment policy action up to 2020.100 The Strategic Energy Technology (SET) Plan is one of the five pillars of the EU’s energy and climate policy, promoting research and innovation efforts across Europe. It does this by supporting technologies with the greatest impact on the EU’s transformation to a low-carbon energy system as well as by promoting cooperation amongst Member States, companies, research institutions and the EU itself.101 The EU’s 2020 Strategy102 includes the Flagship initiatives For a Resource Efficient Europe and Innovation Union103, 95 R. E. (2014, January 8). Can I make money from green energy? Retrieved December 09, 2016, from http://www.telegraph.co.uk/ finance/personalfinance/investing/10558353/Can-I-make-money-from-green-energy.html 96 Green economy is vital for EU's global competitiveness (comprehensive report of conference). (n.d.). Retrieved December 08, 2016, from http://www.pbl.nl/en/green-economy-is-vital-for-eu’s-global-competitiveness 97 Green economy is vital for EU's global competitiveness (comprehensive report of conference). (n.d.). Retrieved December 08, 2016, from http://www.pbl.nl/en/green-economy-is-vital-for-eu’s-global-competitiveness 98 Green economy is vital for EU's global competitiveness (comprehensive report of conference). (n.d.). Retrieved December 08, 2016, from http://www.pbl.nl/en/green-economy-is-vital-for-eu’s-global-competitiveness 99 Environment Action Programme to 2020. (n.d.). Retrieved December 13, 2016, from http://ec.europa.eu/environment/actionprogramme/index.htm 100 Process leading to the 7th EAP. (n.d.). Retrieved December 13, 2016, from http://ec.europa.eu/environment/action-programme/ process.htm 101 Strategic Energy Technology Plan - Energy - European Commission. (n.d.). Retrieved December 13, 2016, from https://ec.europa. eu/energy/en/topics/technology-and-innovation/strategic-energy-technology-plan 102 European CommissionEurope 2020. (n.d.). Retrieved December 13, 2016, from http://ec.europa.eu/europe2020/europe-2020-in-anutshell/index_en.htm 103 Innovation Union is the European Union strategy to create an innovation-friendly environment that makes it easier for great ideas to be turned into products and services that will bring our economy growth and jobs. (n.d.). Retrieved December 9, 2016, from http:// ec.europa.eu/research/innovation-union/index_en.cfm?pg=home

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both of which mention eco-innovation as one of the key tools to reach the Strategy’s objectives. Therefore, the European Commission adopted the Eco-innovation Action Plan (EcoAP) in December 2011. It aims to accelerate the entering of innovative green technologies into the market by dealing with its barriers and drivers.104 After five years of the EcoAP being in place, challenges still exist. The Union and its Member States are still facing difficulties in creating a real demand for green technologies, raising awareness about their benefits and establishing financial instruments that reduce the perceived risks of investing in green technology.105 The EU has five programmes that provide funding for green technologies. These include Horizon 2020106, the funding instrument for the Environment and Climate Action LIFE107, COSME108 the Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises, European Structural and Investment Funds ESIF109 and the Investment Plan110. Facilitating research and innovation are key targets for all the programmes. The European Network for Environmental Professionals (ENEP) represents 22 European environmental organisations and over 45,000 individual professionals. ENEP strives to influence and implement the environmental agenda throughout Europe by being proactive when scientific or technological evidence justifies it, rather than through political lobbying.111 It for example offers funding and partnership opportunities for its members and aims to foster an environment of knowledge sharing and networking.112

4. STAKEHOLDERS AND INSTITUTIONAL CHART The EU is aiming to create growth and competitiveness while reaching its goals of fighting climate change. Its policies relating to green technology research and innovation act as a desired framework for the Member States, but are not legally binding. Member States’ governments have different levels of interest when it comes to boosting research and innovation in the field of green technology. This limits the scope in which EU policies can be implemented. Green businesses are seeking ways to accelerate their growth and gain access to a wider market and realise that innovation is important in order to achieve this. Businesses that do not prioritise environmental issues may be resistant towards changes defined in EU and Member State policies. Non-governmental organisation (NGOs) that represent green technology professionals are working to create ideal conditions for research and innovation in the field. A key priority for the researchers, scientists, innovators and businesses represented by these organisations is effective knowledge sharing and cooperation. Consumers essentially have the final word in creating demand for green technologies, thus creating the need for research and innovation. Public authorities, as well as individual consumers, have the possibility to exercise their purchasing power to support green technologies.

104 The Eco-innovation Action Plan - Eco-innovation Action Plan - European Commission. (n.d.). Retrieved December 10, 2016, from https://ec.europa.eu/environment/ecoap/about-action-plan/objectives-methodology 105 THE ECO-INNOVATION ACTION PLAN IN AN ENVIRONMENTAL POLICY CONTEXT. (2014, June 30). Retrieved December 10, 2016, from https://www.zsi.at/object/news/3240/attach/casi-pb-2-2014-europe.pdf 106 Horizon 2020 - European Commission. (n.d.). Retrieved December 13, 2016, from https://ec.europa.eu/programmes/horizon2020/ 107 European Commission - Environment - LIFE Programme. (n.d.). Retrieved December 13, 2016, from http://ec.europa.eu/ environment/life/ 108 COSME. Europe's programme for small and medium-sized enterprises. - Growth - European Commission. (n.d.). Retrieved December 10, 2016, from http://ec.europa.eu/growth/smes/cosme 109 European Structural and Investment Funds. (n.d.). Retrieved December 10, 2016, from http://ec.europa.eu/regional_policy/en/ funding 110 Investment Plan. (2016). Retrieved December 9, 2016, from http://ec.europa.eu/priorities/jobs-growth-and-investment/ investment-plan 111 APA MLA Chicago European Network of Environmental Professionals. (n.d.). Retrieved December 10, 2016, from http://www.efaep.org/content/vision-andvalues 112 European Network of Environmental Professionals. (n.d.). Retrieved December 10, 2016, from http://www.efaep.org/content/enepservices-members-0

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5. KEY QUESTIONS ● What needs to be improved with regards to information and knowledge sharing amongst green technology professionals and businesses? ● How can the EU better involve smaller actors, such as businesses and cities, in green technology research and innovation? ● How can the EU reduce the risks of investing in green technology research and innovation make it more attractive to investors? ● What could be improved in the way different EU policies come together to tackle the issue of boosting green technology research and innovation? ● What could be improved in the way that different actors come together to tackle the issue of boosting green technology research and innovation?

6. ADDITIONAL LINKS • • • • • •

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‘10 Green Technologies That Could Help Revolutionize Our Changing Planet’ - http://www.huffingtonpost. com/2015/05/07/green-technology_n_7208264.html ‘Green tech development an economic ‘no brainer’ for EU’ - https://www.theparliamentmagazine.eu/ articles/sponsored_article/pm-green-tech-development-economic-‘no-brainer’-eu ‘Why sustainability is now the key driver of innovation’ - https://hbr.org/2009/09/why-sustainability-isnow-the-key-driver-of-innovation ‘Useful links’ from the Commission’s website for EcoAP - https://ec.europa.eu/environment/ecoap/aboutaction-plan/useful-links ‘Importance of industry’s research and development contribution to sustainability’ - https://ec.europa. eu/environment/ecoap/about-eco-innovation/research-developments/eu/427_en ‘The Three Os – Open Innovation, Open Science, Open to the World’ - http://ec.europa.eu/research/ openvision/index.cfm


JURI

THE COMMITTEE ON LEGAL AFFAIRS

The Digital Single Market (DSM) as one of the priorities of the Juncker Commission: What steps should the EU take towards adapting the DSM in order to maximise the growth potential of the European Digital Economy?

BY WERONIKA BETTA (PL) 1 RELEVANCE AND EXPLANATION OF THE TOPIC Think of all these times when you wanted to watch a video online but could only see “sorry, this content is currently unavailable in your country”. Think of the roaming charges you pay when you travel, or of that online shop which does not deliver to your address. As small as these limitations may seem, every time such a thing happens, some possibility or choice is lost. And they happen all the time, all across Europe, to millions of people and businesses, adding up to an immense waste of potential. Now imagine these obstacles are gone. That is the motivation behind the Digital Single Market strategy launched by the European Commission in May 2015. The goal is to remove barriers that keep European internal digital space fragmented into 28 national markets, and ensure that the EU’s economy and individual citizens make the most of the rapid technological progress. This could unlock €415 billion per year113 in our economy, create hundreds of thousands of jobs, and ensure that Europe is ready for challenges ahead. As the world is growing more and more dependent on digital tools, we need to learn how to put them to use to benefit us, while safeguarding the EU’s core principles. The vision of DSM is based on three pillars: improving access to digital goods, creating a secure environment, and ensuring the society makes the most of new technologies. Each of them consists of issues as varied as copyright licensing, infrastructure, tax rules, or education. The main challenge is to ensure that all of them work together towards the same goal. Think of it as a building - if one brick is missing, the whole construction is not as stable anymore. The objective of the plan is to allow Europeans to benefit from a wider range of opportunities than they would have had in just one home country, to help European start-ups become more competitive globally with better access to information and larger markets, and to ensure the society makes use of what new technologies have to offer while knowing that they are secure.

2 KEY CONFLICTS One of the main issues that keep the market from fully integrating is geo-blocking (limiting the accessibility of some digital content from certain locations). The EU took steps114 to end unjustified commercial geo-blocking, for example when being redirected to a national version of the website that can have different prices or terms, yet 113 COM(2015) 192 final of 6.5.2015 ‘A Digital Single Market Strategy for Europe’ 114 In May 2016 the Commission made a proposal for a regulation (COM(2016) 289 final) that is currently being discussed by the EP. It defines situations in which geo-blocking cannot be justified and bans blocking of access to websites and the use of automatic re-routing if the customer has not given prior consent.

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the remaining problem is the territoriality of copyright. When you legally purchase creative content online (for example by subscribing to platforms like Netflix), content providers may not hold the rights to offer content across the whole of the EU, but only in one or several Member States - currently there is no universal European copyright license and the laws vary among countries. Some argue that to deal with it, the EU should persuade MS to amend their copyright legislation to make the ‘country of origin’ principle apply to online content - it would mean that rights acquired in one MS extend to all of them. On the other hand, right holders are against this change arguing that this would discourage creativity and deny copyright holders their fair share in the digital revolution115. One of the main fears surrounding the new digital way of life is the amount of personal data we need to share to benefit from it. Allowing organisations, businesses and governments access to an abundance of information on every aspect of our lives can be extremely beneficial when we consider that it will help them provide us with better suited services, improve quality of life, and unlock innovative solutions. Yet it is understandable why 72% of Europeans fear that they have to provide too much data online116. There is a challenge of creating a secure digital environment, and making data processors accountable to foster e-commerce without compromising individual rights. Currently 54% of e-commerce traffic in Europe is with services based in the US as compared to 4% between MS themselves117. This is because the digital space is dominated by market giants, such as Google, Facebook, or Amazon. While their position is currently threatened by the EU’s antitrust efforts (Google is accused of limiting customers’ choice by e.g. setting a default search engine in Android devices), there are voices that to ensure sustainable growth, the EU should help its own digital economy become more competitive globally. To incentivise start-ups, there needs to be a coordinated effort of EU institutions and Member States, as some of the policy areas most relevant to the issue, such as taxation and education, are a competence of national governments. Action is needed to create a conducive business environment, equip Europeans with skills most needed in our times, and ensure that academic research contributes to innovations in industry. While new technologies could provide answers to some of the problems currently faced, there is a problem of how to view them from a legal point of view. [With new technologies developing at such a pace, it’s hard to put them to use immediately in a way that would be safe (for example delivery drones would solve some problems with cross-border deliveries but there are tons of issues that bar us from just jumping into using them)]

3 MEASURES IN PLACE In September the Commission announced its plan for modernisation of the copyright rules118, aiming at bringing national legislations more in line with the principles of the single market. Although it does introduce important changes such as allowing for free access for use of teaching, research and preservation of cultural heritage, it has critics on both sides of the problem. Some see it still put creators of online content in worse position than if they operated offline, while others criticize it for a failure to ensure all contents would be accessible across borders. The majority of entrepreneurs who sell online domestically, points to differences in tax regimes as a factor that make sales in multiple MS costly and complicated. To reduce this burden and foster e-commerce across borders, new VAT rules119 are being introduced. They allow a business for a single electronic registration and payment, rather than paying separately in each of the MS when the purchase was made, as well as introduce a common VAT 115 http://www.euractiv.com/section/languages-culture/interview/lucas-belvaux-this-copyright-reform-will-impoverish-culture/ 116 European Commission, Special Eurobarometer 359, 'Attitudes on Data Protection and Electronic Identity in the European Union', 2011 117 https://ec.europa.eu/priorities/publications/why-we-need-digital-single-market_en 118 This includes proposals for a Directive (COM(2016)593), a Regulation (COM(2016)594), as well as to implement the Marrakesh treaty (facilitating access to content for the visually impaired) in EU law 119 COM(2016) 757 final of 1.12.2016 ‘Modernising VAT for cross-border B2C e-commerce’

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threshold. The proposal is now being considered by the Parliament and the Council. A new Data Protection Regulation120 has been adopted in order to to give citizens more control over of their personal data and to provide clearer regulatory environment for businesses. One of the main changes is that it is now the responsibility of the organisation that processes data to show why it needs to personal information for, unlike before when an individual had to justify why his data need not be processed.

4 STAKEHOLDERS AND INSTITUTIONAL CHART The Digital Single Market is one of the priorities of the European Commission which outlines goals that need to be reached, and drafts more detailed proposals for directives and regulations that are then discussed by the European Parliament and by the European Council. The EU institutions are not self-sufficient in making the Digital Single Market reality - a coordinated effort of Member States is needed to reduce differences in relevant legislation, as well as to take actions in fields that are not in the EU’s power, such as providing digital education that equips citizens with the much needed skills and awareness. Currently 93%121 of small and medium enterprises (SMEs) in Europe are missing out on opportunities when limited to a single national market by a complex regulatory framework. Many point to differences in laws regarding taxation and consumer protection as main obstacles to expanding their business across borders. SMEs could deliver innovation and become drivers of growth in the EU, if they are provided with simplified regulatory framework, access to better digital infrastructure, secure data gathering and storage, as well as digital know-how. The opposition of copyright holders remains one of the main obstacles to harmonisation of copyright legislation and the practice of licensing their rights to a single provider in each territory makes it impossible to facilitate sharing content across borders. The EU needs to safeguard their interests while taking action to tackle geo-blocking.

5 KEY QUESTIONS • • • •

120 121

How to adapt the copyright rules to changing consumer behaviours while encouraging creativity and preserving cultural diversity? Should the EU move towards a single common copyright licensing? Should future actions aim at raising inclusiveness of individuals that might be left behind by the digital progress, or should our target be simply maximising economic profit? How can we further ensure that gathering and storing data is not in breach of individual’s privacy? In what ways could innovative European start-ups be enabled?

Regulation (EU) 2016/679 of 27.04.2016 (General Data Protection Regulation) 7% of SMEs sell cross-border to other EU countries according to European Commission, Eurostat, ICT survey of Enterprises, 2013

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6. ADDITIONAL LINKS •

European Commission’s official information on the DSM (I encourage you to click around and find out as much as possible about different actions) https://ec.europa.eu/priorities/digital-single-market_en • Videos explaining the three policy areas: 1. https://youtu.be/mTeqrJJPkfg 2. https://youtu.be/5OAHVhYdre8 3. https://youtu.be/ZcaOH0wiX60 • Factsheet on why we need the DSM - http://ec.europa.eu/priorities/sites/beta-political/files/dsm-factsheet_ en.pdf • Overview of all 16 initiatives of the DSM Strategy - http://europa.eu/rapid/press-release_IP-15-4919_en.htm • Article arguing weaknesses of the new EU copyright directive - https://www.openrightsgroup.org/blog/2016/ bad-news-in-leaked-eu-copyright-directive • The new copyright law might have a harmful effect on European start-ups - http://www.euractiv.com/section/ digital/opinion/the-eu-just-told-data-mining-startups-to-take-their-business-elsewhere/ • The EU’s vs. Google antitrust battle - http://www.nytimes.com/2016/11/04/technology/google-eu-antitrusteurope.html?_r=0 • Video on data protection in the EU - https://www.youtube.com/watch?v=wOm8XgUFQso

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LIBE I

THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS I

The end of the Dublin System? With the Common European Asylum Policy being heavily criticised during the 2015 - 2016 refugee influx, how can the EU develop an Asylum Policy which effectively ensures protection to those in need of it while considering the capacities of each Member State?

BY JACOPO MAZZA (IT)

1. RELEVANCE AND EXPLANATION OF THE TOPIC According to the United Nations High Commissioner for Refugees (UNHCR), approximately 1,015,000 people arrived by sea on European shores in 2015 alone; this year the number has decreased compared to last year, yet it still remains alarmingly high: more than 350,000 Syrians, Afghans, Nigerians, etc. escaped their home countries and entered the European Union (EU) and with more than 65 million refugees and forcibly displaced people worldwide it seems like the trend will continue.122 Despite efforts to create safe routes to Europe, from the beginning of 2016 more than 4,700 migrants have been reported dead or missing - a figure that is steadily increasing.123 Unsurprisingly, the issue became one of the hottest topics of debate both at the European and national level. The clash between two clearly different political approaches brought stark contrasts both among and within the EU Member States (MSs): on one side there is the moral and legal obligation to provide protection to people fleeing prosecution and war; on the other, the necessity of protecting external borders and ensuring security in times of significant security threats to Europe. The Dublin System lies at the very heart of the European Asylum policy. It establishes that the first country of entry in the EU should be responsible for processing the asylum claim and should register all the asylum seekers. The main rationale behind this system is to avoid refugees moving from one MS to another (within the Schengen area) without being registered or for them to seek asylum in a MS even though another country has declined their application. However, the Dublin System overburdens the countries at the external borders of the EU, since they will logically be the first countries of entry. In particular, Greece, Italy and Hungary have had to deal with a large influx of refugees and they have often lacked the facilities to comply with the rules established by Dublin III. The harsh tones of the discussion also tend to obscure the many relevant aspects of the topic, such as the problem of unaccompanied minors, the need to differentiate between refugees and “economic migrants�, the challenges and costs of integration, the fight against human trafficking, security concerns arising from faulty registration and identification of refugees. These and many other factors must be taken into account in policymaking. The challenge the Committee will have to face is tough: addressing the necessity for institutional and legislative answers, while bearing in mind the personal and humanitarian aspects of the topic.

122 http://data.unhcr.org/mediterranean/regional.php 123 http://data.unhcr.org/mediterranean/regional.php

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2. KEY CONFLICTS A deep ideological conflict underlies any discussion on the topic and the issue has caused a large controversy and rift between the Member States. The variety of arguments can be condensed in two major positions. On one side there are the MS lead by Germany, and in particular Chancellor Angela Merkel that want to offer protection to as many people fleeing prosecution and war as possible. They also call for a relocation scheme to be introduced, according to which each EU MS would take in refugees depending on their reception potential. These MS claim that this is the only way to ensure Europe lives up to its moral and legal obligations towards refugees and to also aid the countries at the external borders. However, several MS – most prominently the Visegrad Group (V4) - Poland, the Czech Republic, Slovakia and Hungary - categorically dismiss these proposals and oppose to any proposal that it would force them to take in refugees. Their arguments vary: from the concerns regarding big cultural and religious gaps, to the numerous challenges of integration or to concerns over not having the means and facilities to take them in and ensure the integration. The growing security concerns and the threat coming from the radical Islamist movements or terrorism have also been among their main arguments. The same quarrel reflects onto national politics, where the second argument is often supported by openly Euroskeptic groups. Caught somewhat in the middle, border countries and in particular Italy and Greece sometimes lack the political credibility to leverage in favour of their positions and are overwhelmed by the huge numbers of the influx. Their European partners accuse them of failing to conduct security screenings and registrations properly, and of allowing migrants to move on to other countries (secondary movement) - hence endangering the border-free Schengen Area. Thus, a sense of abandonment is widespread in these countries and EU institutions, along with other MSs, are often blamed for lacking solidarity124. As a result, most EU-wide initiatives on the issue are widely contested, for various reasons, and many have arguably failed. Despite this, there is now a wide consensus that the answer to the problem must be common and European. Keeping this in mind, several more concrete questions need consideration: How can the practical difficulties of reception be overcome, when the necessity of identification and containment clash with the hard and sometimes dramatic life conditions in the hotspots125? What measures can be implemented to facilitate a challenging integration of migrants, who come from different cultural contexts, share often tragic personal stories and whose cultural background must be respected? How can any initiative be undertaken without harming an increasingly more fragile social cohesion within the European population?

3. MEASURES IN PLACE The right of displaced people to receive protection has been recognised in many occasions: In particular, the United Nation Convention on Refugees (1951) “defines the term ‘refugee’ and outlines the rights of the displaced, as well as the legal obligations of States to protect them.”126 Furthermore, the principle of non-refoulement, according to which a person cannot be returned to a country where he or she would face an open threat, has become a common standard in international law. The European Union and its Member States implement these concepts in their legislation. The EU, in particular, has established a Common European Asylum System (CEAS) with the aim of harmonising national legislations. The Dublin Regulation, EURODAC Regulation, the Reception Directive and the Asylum Protection Directive all fall under 124 Solidarity is stated as a principle governing EU asylum policies in art. 80 of the Treaty on the Functioning of the European Union (TFEU) and is therefore a legal obligation (technically speaking). 125 See sec. 3 below for an explanation of “hotspot”.

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the umbrella of the CEAS: a brief explanation follows. ● Dublin (III) Regulation127 - defines which MS is responsible for handling an asylum application. In most cases, this is the country through which a person has entered the EU; exception may be due to family consideration or previous visas. Under this regulation, applicants can therefore be moved from one country to another. depending on where the application is taken charge of. This system has been widely criticised for failing to ensure fair and effective protection. It was partially suspended during the migrants’ crisis and set to be gradually reintroduced in full128. ● EURODAC Regulation129 - establishes that fingerprints and other biometric data from applicants must be collected in a shared database; its purpose is to facilitate the application of the Dublin mechanism and to assist law enforcement agencies in their investigations. ● Reception Directive130 - sets minimum standards for asylum seekers’ life conditions. ● Asylum Protection Directive131 - fixes common procedures for asylum applications. Following the increase in flows through the Mediterranean Sea and some shocking tragedies, the EU agency FRONTEX initiated Operation Triton, the official aim of which is border control. To tackle what had already become a migrants’ crisis, the European Commission launched in May 2015 an Agenda on Migration. It consists of an articulated proposal, the core of which lies in the relocation scheme: in order to alleviate pressure on border countries, MSs committed to redistribute 160,000 people from Italy and Greece to other EU countries - according to a scheme of quotas. As of December 2016, less than 8,200 people132 have been relocated, although trends are positive; the scheme is meant to evolve into a permanent system, a proposal that is strongly opposed by some MSs. In order to facilitate reception in border countries, the Agenda introduces the concept of “hotspots”: centers where different agencies can cooperate in identifying and registering migrants. This approach has been criticised by several NGOs, after allegations of abuses and human rights violations perpetrated against migrants. The Agenda also involves actions with third (i.e. non-EU) countries, aimed at returning irregular migrants and at establishing safe routes through which displaced people can legally reach the EU. In this spirit, the EU agreed with Turkey a joint Action Plan for stopping irregular immigration from Turkey to Greece. According to this agreement, all persons arriving illegally in Greece must be returned to Turkey; for every Syrian returned to Turkey, the EU commits to resettle one Syrian from Turkey to a MS. The EU also promised substantial financial aid and to revive Turkey accession talks. The Agreement has been criticised both on a practical and ideological level: its implementation has been slow, its conformity with the principles of international law is questionable, and financial aid has been compared to a payment to Turkey for dealing with migrants - which is ethically questionable. Still, the number of arrivals in Greece has in fact dropped since its introduction. In September 2016, a new Border and Coast Guard was officially approved. This new agency is supposed to widen the aims and capabilities of FRONTEX: its staff will be enlarged, it will be able to purchase its own equipment and to deploy them promptly (in emergency situations, even without a MS request). It is set to become fully operational in winter 2016-2017.

127 Regulation (EU) 604/2013. 128 European Commission. Press release 8th Dec. 2016. Retrieved from: http://europa.eu/rapid/press-release_IP-16-4281_en.htm. 129 Regulation (EU) 603/2013. 130 Directive 2013/33/EU. 131 Directive 2013/32/EU. 132 European Commission. Factsheet on Relocation and Resettlement, updated 6th Dec. 2016. Retrieved from: http://ec.europa.eu/ dgs/home-affairs/what-we-do/policies/european-agenda-migration/background-information/docs/20161208/update_of_the_factsheet_ on_relocation_and_resettlement_en.pdf

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4. STAKEHOLDERS AND INSTITUTIONAL CHART Migration is a policy area in which the European Union has shared competences: this means that both the EU and MSs can legislate in this field (although EU law has supremacy over national law in case of dispute, see primacy of EU law). Single MSs hence play the role of independent stakeholders: Mediterranean countries tend to pursue different goals than the members of the Visegrad Group, for instance. The interests of MSs are represented within the EU by the Council of Ministers, which, together with the European Parliament (EP), are the key actors in the ordinary legislative133 procedure. The European Council, which consists of the heads of states and governments of the Members States, defines the overall political direction for the union and in this matter, it sets the guidelines for the future of the asylum policy. On the side of the Commission, several high level members are involved: starting from President Junker, down to the High Representative for Foreign Affairs and Security Policy Mogherini and commissioner on migration Avramopulos. From an administrative point of view, the Commission is divided into departments called DirectoratesGeneral (DGs): particularly relevant for the topic is DG Migration and Home Affairs (HOME). The Commission has the right of initiative which means that any EU legislation has to be proposed by this institution. Several EU agencies are involved in the management of the crisis. FRONTEX has already been mentioned; this agency is responsible for coordinating the management of external borders of the Union. Starting from autumn 2016, the European Border and Coast Guard is also active. Asylum application processing is assisted by the European Asylum Support Office (EASO), the personnel of which is present in hotspots on Italian and Greek shores. Europol is the EU law enforcement agency; it mostly assists national agencies to fight and prevent crime, and its personnel is present in hotspots too. Eurostat, the EU statistical office, collects and analyses data on several aspects of the topic - asylum, the Dublin system, migrant population, etc. Being the United Nations (UN) agency for refugees, the United Nations High Commissioner for Refugees (UNHCR) obviously is an important stakeholder; so is the International Organisation for Migration (IOM). Moreover, several non-governmental organisations (NGOs) are involved in assisting migrants: MSF, MOAS and SeaWatch for the Mediterranean; other well known groups such as Amnesty International, Actionaid, Oxfam, etc. expressed their views; last but not least many more smaller groups are active locally.

5. KEY QUESTIONS Despite the complexity of the topic, the Committee is faced with a clear question: What future should the EU design for its own asylum policy? To answer it, other issues should be addressed: • What aspects of the current system do not work? • What measures have been implemented to face the crisis? Are they effective? • What proposals have been made to reform the system? • What different interests must be taken into account?

133 Proposals of new EU laws are drafted by the Commission and sent to both the Parliament and the Council of Ministers for debate; the document must be approved by both before becoming a law.

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6. ADDITIONAL LINKS Official • DG HOME, Policies (see in particular the sections on CEAS and the Agenda on Migration) http://ec.europa.eu/ dgs/home-affairs/what-we-do/policies/index_en.htm. Statistics • UNHCR data on migration through the Mediterranean Sea (frequently updated): http://data.unhcr.org/ mediterranean/regional.php. • Statistical analysis and comment articles: http://openmigration.org/en/. Positions and Opinions - On Dublin III • The Commission commissioned evaluations on the Regulation and its implementation, available at (bottom of the page): http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/examination-of-applicants/ index_en.htm; • Independent academic paper (not the easiest read, but definitely worth the time): Blanca Garcés-Mascareñas, ‘Why Dublin “Doesn’t Work”?’ (11/2015), http://www.cidob.org/en/publications/publication_series/notes_ internacionals/n1_135_por_que_dublin_no_funciona/why_dublin_doesn_t_work. • • A statement reflecting the V4 position on the relocation scheme (11/2016) http://www.visegradgroup.eu/ calendar/2016/joint-statement-of-v4 • An Italian proposal for the long-term management of migration, from the Italian Government’s web site (04/2016) http://www.governo.it/sites/governo.it/files/immigrazione_0.pdf • On the Joint Action Plan with Turkey: Criticisms by the Council of Europe (not an EU institution!), reported by The Guardian (04/2016) - see also the link to the full report in the article: https://www.theguardian.com/ world/2016/apr/20/eu-refugee-deal-turkey-condemned-council-of-europe

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LIBE II

THE COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS II

Fighting the fragmentation of the European society: In light of the rising xenophobia in Europe on one hand and the radicalisation of certain groups on the other, how can the EU tackle these issues most effectively?

BY AHMET BUĞRA KELEŞ (TR)

1 RELEVANCE AND EXPLANATION OF THE TOPIC The Arab Spring, which started in 2011 in Tunisia, together with the ongoing conflicts in the Middle East and unrest in several African states lead to a refugee crisis unseen since World War II. Around 1,5 Million of those refugees arrived in the EU in 2015. Most of the refugees are of Muslim faith and have a different cultural background than most Europeans. On the other hand, the rise of the Islamic State of Iraq and Syria (ISIS), a terrorist group, poses one of the most serious threats to the European security. In 2015 and 2016 several terrorist attacks were committed in Europe (France, Belgium, Turkey and most recently in Germany), where ISIS claimed responsibility. The group also claims that these attacks were inspired by their religious beliefs and this has led to a growing skepticism towards Islam in Europe. Many fear that ISIS fighters are infiltrating as refugees and others link the religion (Islam) with the violent deeds. This has caused the rise of xenophobic feelings, hate crimes and fear towards the refugees in particular and Muslims in general. These events have enabled far-right extremist parties to spread xenophobic thinking by spreading fear about the security threats, loss of national culture and labour opportunities. Through a simplistic but strong rhetoric and charismatic leaders, who claim to say the ugly truths as they are and are not entrapped in the “political correctness of the elites”, they appeal to a wide audience and have been able to emerge from the fringes of European politics to the very heart of it. By openly attacking minorities, particularly the immigrants and refugees, these parties are normalising a language and tone that is not only strong but in most cases racist. Recently, Geert Wildners, the leader of Dutch Party of Freedom was found guilty of hate speech by a Dutch Court. That is why the rise of the populist parties is bound to further the fragmentation of the minority groups from the rest of the population. What many have failed to consider however, is that most of the terrorists who organised the attacks in France and Belgium were born in Europe, which shows that the problem of the radicalisation isn’t necessarily linked with the current refugee influx but with ineffective integration policies throughout Europe. A strong sense of personal or cultural alienation, perceived injustice, limited education or employment and psychological problems can lead many members of minority or immigrant groups to radicalisation. This can be exploited by recruiters who prey on vulnerability through manipulations. Social media presents a platform where individuals can be recruited by extremist movements. It is evident that electronic forums as well as social media sites like YouTube, Twitter and Facebook have become the most important tools utilised by extremist organisations to promulgate their ideas, to make plans and to mobilise members. Studies show that in absolute terms ISIS has recruited mostly in France, the UK and Germany, whereas Belgium Denmark and Sweden have the most fighters per capita.134 134 http://www.cbsnews.com/news/isis-terror-recruiting-europe-belgium-france-denmark-sweden-germany/

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2. KEY CONFLICTS Civil Liberties vs. Xenophobia This is one of the core conflicts revolving around this topic. On the one hand stand civil liberties and human rights. European citizens has the right to exercise religion freely and openly (Article 10 Charter of Fundamental Rights of the EU). They also enjoy the freedom of thought and expression (Articles 10, 11 Charter of Fundamental Rights of the EU). Those who spread xenophobic or racist comments claim that this is simply a manifestation of their right of expression. However, one should be very careful to make the distinction between a strong opinion and hate speech. The latter is criminalised throughout Europe, which means that it is not covered by the freedom of speech. What has also sparked a debate is the issue of Burka and Niqab. Regardless the freedom of religion, France and Belgium have already banned Burka in public places. Germany, the Netherlands and Bulgaria are also preparing similar measures. The European Court of Human Rights found in 2014 that the ban of Burka in public places by France and Belgium did not violate Articles 8 and 9 of the European Convention on Human Rights. These restrictions have been criticised by many NGOs and have been perceived as an attack towards the freedom of religion. Ineffective integration policies vs. Growing diversity in Europe The integration policies of several Member States have not achieved their goal. Not only refugees or first generation immigrants often fail to integrate but this feeling of alienation and disenfranchisement continues in later generations. Even the children of immigrants, who are born in Europe often find it more difficult to access education, high paid jobs or to feel as a part of the societies they are born in. This creates potential for fragmentation. Seeing how the diversity in Europe is growing due to mobility, globalisation, migrant and refugee flows, the EU needs to come up with a more effective way to integrate its new comers and not leave particular groups behind, which can be particularly vulnerable towards radicalisation. Cultural Differences and Security concerns The refugees and non-EU immigrants often come from cultures and backgrounds that have significant differences compared to the European one. The biggest differences lie in religion and the conceptions of human rights, most importantly women’s and LGBT rights as well as family structures. Often misinformed by the far-right rhetoric and the spread of xenophobic comments via the social media, many Europeans see in Islam an oppressive religion with tendencies towards violence that cannot go hand in hand with European values. The terrorist attacks in Europe fueled further this sentiment and unfortunately more and more people are not able to distinguish between a terrorist group and its agenda and a religion, which also has many believers in Europe, who work for and contribute for the European societies. This division also can alienate the Muslims in Europe and deepen the fragmentation.

3. MEASURES IN PLACE The EU has introduced and initiated a broad set of measures to combat different forms and manifestations of racism and xenophobia.135 These measures mainly focus on: • penalising public incitement to violence or hatred on the basis of race, colour, religion, descent or national or ethnic origin, • prohibiting discrimination on the grounds of racial or ethnic origin in several walks of life, • prohibiting discrimination for instance on the ground of religion in employment, • banning incitement to hatred in audiovisual media services and the promotion of discrimination in audiovisual commercial communications • prohibiting discrimination at border controls

135

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These measures can be found on: http://ec.europa.eu/justice/fundamental-rights/racism-xenophobia/index_en.htm


The Radicalisation Awareness Network (RAN) is a network from the European Commission connecting stakeholders involved in preventing radicalisation and violent extremism throughout Europe. European countries can gather to share knowledge and experiences on countering radicalisation and violent extremism. RAN is financed by the European Commission and works closely with the EU136. The FREE Initiative is a pan-European initiative which offers practical guidance on countering far-right extremism across Europe. It aims to inspire and promote cross-border learning against violent far-right extremism. Moreover, it provides news and updates on current issues of extremist in Europe. The FREE initiative has, to date, worked across 10 countries: Denmark, Finland, Germany, Hungary, the Netherlands, Norway, Poland, Slovakia, Sweden and the United Kingdom, and is expanding every day137. The Charter of Fundamental Rights of the EU is the legal document that guarantees the human rights and freedoms of the Citizens of the EU. Articles 10 and 11 guarantee the right of thought and expression, Article 10 the right of religion and Articles 18 and 19 the right of asylum. The European Convention on Human Rights is guarantees the human rights and freedoms of the citizens of the Member States of the Council of Europe. While the content is similar to that of the Charter of Fundamental Rights of the EU, it has a longer tradition and is binding for more countries, since the Council of Europe has 47 Members. Individuals from all these countries can bring claims against a country that violates the Convention to the European Court of Human rights in Strasbourg. Member States have all implemented laws and regulatory norms against expressions of racism and xenophobia in their criminal codes.

4. STAKEHOLDERS AND INSTITUTIONAL CHART The European Commission: Within the bodies and institutions of the European Union, the Commission is the one that has initiated most programmes to combat radicalisation and promote better integration of the minorities, refugees and migrants. It has provided funding to cultural integration programmes and issued funds such as: Programme for Employment and Social Solidarity (PROGRESS), Fundamental Rights and Citizenship Programme, Safer Internet Programme to protect children using the internet, a specific example: to protect them against xenophobic language and content, Refugee Fund and the Integration Fund to protect the rights of persons requiring international protection in EU countries. The European Parliament (EP) consists of members directly elected by citizens from each Member State. It comprises some right-wing extremist members from several nations. The “Europe of Freedom and Democracy” party in the Parliament is composed of far right-wing and eurosceptic MEPs. This entails that the EP has a direct interaction with certain right wing extremists during assemblies and discussion. The EP is also responsible for party financial fundings. European far-right/ populist parties: Parties such as Front National in France, AfD in Germany, Lega Nord and Movimento 5 Stelle in Italy, the Party for Freedom in the Netherlands, FPÖ in Austria and many others across Europe are anti-immigrant, anti-refugee and anti-EU parties. They exercise very strong rhetoric against minorities. While these parties have been insignificant in the past, the Euro and the refugee crisis have brought these parties in the center of the European politics. Polls around Europe show that these parties are all bound to do well in elections next year. European Commission against Racism and Intolerance (ECRI): The European Commission Against Racism and Intolerance is a human rights body of the Council of Europe, composed of independent experts, which monitors problems of racism, discrimination on grounds of ethnic origin, citizenship, colour, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations to Member States. The work field of this specific body already indicates that it is quite an important supranational mechanism 136 The European Commission Radicalisation Awareness Network, retrieved from http://ec.europa.eu/dgs/home-affairs/what-we-do/ networks/radicalisation_awareness_network/index_en.htm 137 The FREE initiative organization official website, retrieved from http://thefreeinitiative.com/about/

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to prevent any discrimination whatsoever. The reports issued by this department are essential to understand and tackle the problem healthily. The United Nations (UN), in its plan to prevent violent extremism, calls for a comprehensive approach encompassing not only essential security-based counter-terrorism measures, but also systematic preventive steps to address the underlying conditions that drive individuals to radicalize and join violent extremist groups.138 Important bodies of the UN linked to the topic are the UN Commission on Human Rights and the UN Agency for Refugees (UNHCR). NGOs: The civil society and many NGOs are also divided when it comes to this issue and there are different groups representing the different positions. The NGOs and the media play a particularly important role when it comes to the information and disinformation of the European audience. They have the power to promote and to hinder integration.

5. KEY QUESTIONS • • • • •

What are the main factors and causes that have lead to a fragmentation of the European society? What are the dangers of such fragmentation? What can lead to a radicalisation of different groups within Europe? Which recent developments can impact this issue in what way? How can the EU Member States improve their integration policies?

6. ADDITIONAL LINKS • • • • • •

Xenophobia in Europe: Analysis and Solutions Tackling radicalisation through education and youth action Preventing and Countering Youth Radicalisation in the EU What’s driving European Muslims to extremism? Migrant Integration Policy Index How far is Europe swinging to the right?

138 United Nations Plan to prevent violent extremism, retrieved from http://www.un.org/en/ga/search/view_doc. asp?symbol=A/70/674

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SEDE

THE COMMITTEE ON SECURITY AND DEFENCE

Revisiting the Common Security and Defence Policy: How should the EU react towards growing conflicts at its borders?

BY MARIAM KUNCHULIYA (UA) 1. RELEVANCE AND EXPLANATION OF THE TOPIC The EU emerged from the idea of creating and maintaining peace. Even though the EU has undergone significant changes over past decades, this core idea still remains a high priority in the EU’s identity and activities. According to the Treaty on European Union, the EU aims to: • promote peace, its values and well-being of its peoples (Article 3 1); and • preserve peace, prevent conflicts and strengthen international security (Article 21 2(c)). In 2003 the European Council adopted the European Security Strategy (ESS), which was later revised in 2008 adn provided the conceptual framework for what later became the Common Security and Defence Policy (CSDP). The CSDP determines common objectives in security and defence, it introduced a solidarity clause and mutual assistence, which obligates Member States (MS) to offer support in case of a natural disaster or attacks from outside, and it calls for an ever growing cooperation and integration in military issues between the MSs. With the threats growing in number and complexity, the CSDP aims at reacting quickly and effectively in the interest of all MSs. However, there have been question raised regarding the CSDP, its functioning and more its effectiveness. With security threats growing in number and complexity it has become clear that neither NATO nor the CSDP alone can deal with the challenges Europe faces. ISIS raises issues of home-grown terrorism and radicalisation, which immediately makes Europe’s police forces, intelligence agencies and (if preventive measures are considered additionally) teachers and parents as part of the solution. It has filled the vacuum left behind by the Western armies and it is committing gruesome acts to the civilians there and threatening Europe with terrorist attacs on its soil. Russia has increasingly become aggressive in the recent years: from the intervention in Ukraine, to the annexation of Crimea, the cyber attacks - most prominently in the recent US election, the tensions with NATO in the Baltick and Turkey, its intervention in the Syria conflict these all hint towards an alienation of the EU’s largest neighbour and possible clashes over geo-political interests. Not only conflicts on the East have been of concern for the EU. Northern Africa has also been constantly in unrest since the Arab Spring, which has caused a refugee influx towards Europe. Keeping in mind all of the aforementioned circumstances, how can the EU protect and maintain its values and interests while promoting and ensuring a stable and peaceful environment at home and abroad?

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2. KEY CONFLICTS Cuts in military expenditure The effectiveness of European security and defence policy ultimately depends on the resources and capabilities that back it. Nevertheless, the 2008 economic crisis has led to deep cuts in European defence spending139. This sharply contrasts with significant increases in the rest of the world, especially in Russia. The drop in military budgets is also reflected in Member States’ ability and willingness to take a share of international crisis management - only a handful of new CSDP operations of limited ambitions were launched after 2008. Advocates of an EU army claim that pooling and sharing resources could solve the dilemma of defence budgets. Critics of this idea argue that an EU army is not complementary with the NATO. Instead they demand an end of security free-riding, which most European members of the alliance are accused of140. National interests vs the European interests The application of the Common Position by Member States is sometimes outweighed by external pressure, national strategic or economic-financial interests. The European Parliament has expressed that the regime is applied loosely and inconsistent in interpretation, and has called for increased transparency and public scrutiny. The fact that different EU countries also follow very different approaches to foreign and security policy makes reaching a consensus sometimes harder. This has become clear in several occassions: from the intervention in Iraq (the UK was part of it, most of the EU stongly opposed it), to the intervention in Lybia (France and the UK were part of the intervention, many other EU countires restrained from it) to the sanctions towards Russia (although the sanctions were ultimately imposed, there were debates and Greece threatened to veto the sanctions). Hard and/or soft power The EU has been favouring soft power over hard power in its approach towards security and defence policy. This soft power was characterised by the principle of enlargement, which is based on the premise that a circle of well-governed countries to the South and East will result in stability and a secure environment. As an unforeseen consequence, this expansive strategy contributed to the alienation of Russia, which pursues its own objectives for expansion. Another example for a soft power approach, which can contribute to a stable security environment, are arms control mechanisms. Although expiring, the CFE Treaty is by far the most substantive regime in terms of arms limitation and robust inspections. Besides reducing military capacities, arms control treaties foster trust between nations by creating military transparency. Some, like Guy Verhofstadt are in favour of a comprehensive pan-European effort arguing that a united European response to the crisis would be more effective than individual efforts by each Member State. Thus in such dangerous times, Member States should put their national interests aside in order to foster deeper cooperation141. One such proposal is the creation of an EU-wide intelligence service. This can be contrasted with the reticence of Member States to integrate in the policy areas of Security and Defence, which, despite the high involvement of the European Council and the Council of the EU, remain largely intergovernmental as opposed to supranational. Defence and security are particularly sensitive areas however since they are typically seen as one of the key elements of a sovereign nation. The Lisbon Treaty also leaves the option of an European Army open.

3. MEASURES IN PLACE The Common Security and Defence Policy (CSDP) is an integral part of the Common Foreign and Security Policy (CFSP) , providing the EU with an operational capacity, drawing on civilian and military assets for missions outside the EU for peace-keeping, conflict prevention and strengthening international security, in accordance with the principles of the UN Charter. The CSDP also foresees continuous development of a common EU defence policy . The CSFP brings together all Member States sovereign national governments to cooperate and reach consensus.

139 http://www.iss.europa.eu/uploads/media/Brief_10_Defence_spending.pdf 140 http://uk.reuters.com/article/uk-nato-eu-idUKKBN0M714V20150311 141 https://www.youtube.com/watch?v=_3VuHFFII48

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The EU’s Common Security and Defence Policy (CSDP) includes: • • • • • •

joint disarmament operations tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation strengthening international security conflict prevention and peace-keeping tasks humanitarian and rescue tasks military advice and assistance tasks

A Common Position was a legal instrument of the CFSP introduced in the Maastricht Treaty, which aims to define the foreign policy approach of the EU towards a particular. The CFSP instruments were replaced by Decisions in the Lisbon treaty. Decisions under the CFSP require unanimity and can be made on the strategic objectives and interests of the EU, on common positions, on joint actions, and on the implementing arrangements for common positions and actions. Member States have to make sure to conform to these Decisions with their national policies. It remains impossible to adopt legislative acts under the CFSP. Conventional Armed Forces in Europe Treaty (CEF) Originally negotiated in the 1980s between NATO and the Warsaw Pact, the end of the Cold War made the CEF’s blocto-bloc quota increasingly irrelevant. After an adaption of the treaty in 1999, NATO members conditioned ratification on Russian compliance with a newly devised set of demands. Tensions over NATO’s “open doors” enlargement policy and Russia’s territorial expansions resulted in Moscow’s informal withdrawal in 2007. The aim of CEF was to eliminate “the capability for launching surprise attack and for initiating large-scale offensive action in Europe” through a reduction of conventional armaments (battle tanks, armoured combat vehicles, artillery, combat aircraft, and attack helicopters), in addition to military data exchanges and inspections.

4. STAKEHOLDERS AND INSTITUTIONAL CHART The Common Security and Defence Policy is the domain of the European Council, which is an EU institution, whereby the heads of member states meet. It comprises the heads of state or government of the member states, along with the President of the European Council and the President of the European Commission. Since the institution is composed of national leaders, it gathers the executive power of the member states and has thus a great influence in high-profile policy areas as for example foreign policy. The High Representative of the Union for Foreign Affairs and Security Policy, currently Federica Mogherini, also plays a significant role. As Chairperson of the external relations configuration of the Council, the High Representative prepares and examines decisions to be made before they are brought to the Council. NATO: The organisation constitutes a system of collective defence whereby its member states agree to mutual defence in response to an attack by any external party. It has 28 Member States, out of which 22 are also mambers of the EU. NATO has traditionally had tense relationships with the Soviet Union first and then Russia, which sees the organisation as a threat to its geo-political interests. Even though there is a NATO-Russia Council since 2002, whose goal is to stabilise the relationship, the crisis in Ukraine, the shooting of a military jet by Turkey in 2015, the tensions in the Baltic countries have led to an alienation of Russia in the past few years. The Organization for Security and Co-operation in Europe (OSCE): Consisting of 57 countries, OSCE offers an intergovernmental platform for political dialogue. Even though it cannot implement any binding measures, the fact that it gathers in one table the main actors (most notably, the US, Canada, the EU, Russia, Turkey, countries of central Asia) even in times of crisis, shows that its importance is growing. Its main areas of acctivity are peace-keeping and peace-building, election observation and the protection of minority rights. The European Defence Agency (EDA): The EDA, established in 2004, is the EU agency that facilitates defence cooperation among its member states (the EU-28 bar Denmark) based on the principle of pooling and sharing.

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The European Commission and the Member States have also been working together to set up the ‘Refugee Facility for Turkey’, a €3 billion fund. Nevertheless, the Turkish government has made it clear that if the visa requirements for Turkish citizens were not abolished, Turkey would stop cooperating with EU. Daesh: the self-proclaimed caliphate has been attributed many different names. Whilst they themselves would like to be called ‘The Islamic State’ (IS), The Islamic State of Iraq and Syria (ISIS) or The Islamic State of Iraq and the Levant (ISIL) remain the most common names in the West. Critics in Arab countries predominantly refer to the group as Da’ish, DAESH or Daesh, the acronym of their Arabic name’s transliteration. For political and anti-propaganda reasons, it is only considered suitable to use the terms ISIS/ISIL/IS when prefaced with the words ‘self-proclaimed

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5. KEY QUESTIONS • • • • •

What role do military budgets play in regional and global security architecture? How can Member States’ scepticism towards the Common Security and Defence Policy (CSDP) be tackled? Which opportunities as well as risks accompany the concept of a common defence budget? How should the EU balance soft and hard power in its approach towards security and defence policy?

6. ADDITIONAL LINKS • • • •

Soft vs Hard power - http://scholarship.claremont.edu/cgi/viewcontent.cgi?article=1035&context=urceu Fact Sheet on the European Union – Defence industry An overview of the European defence industry and its legal basis - http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.9.5.html European Council and Council of the EU provide an overview of the EU fight against terrorism - http://www. consilium.europa.eu/en/policies/fight-against-terrorism/ What is behind ISIL’s attacks? Al Jazeera English - https://www.youtube.com/watch?v=J9Nk5bqha2M

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SPONSORS AND SUPPORTERS

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HONORARY PATRONS

ANNA-KAISA IKONEN The Mayor of Tampere

HENNA VIRKKUNEN Member of the European Parliament

LIISA JAAKONSAARI Member of the European Parliament

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ACADEMIC PREPARATION BOOKLET TAMPERE NATIONAL SESSION OF EUROPEAN YOUTH PARLIAMENT FINLAND Tampere, Finland from 5th to 9th of January 2017


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