CU 2019 Academic Preparation Kit

ACADEMIC PREPARATION KIT Topic Overviews

Table of Contents Committee on Constitutional Affairs (AFCO) 11

Committee on Climate Change (CLIM) Committee on Culture and Education (CULT)

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Committee on Employment and Social Affairs (EMPL)

Committee on Environment, Public Health and Food Safety (ENVI)

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Committee on Industry, Reseach and Energy (ITRE)

Committee on Civil Liberties, Justice and Home Affairs (LIBE) 45

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Committee on Civil Liberties, Justice and Home Affairs II (LIBE II) Committee on Security and Defence (SEDE)

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COMMITTEE ON CONSTITUTIONAL AFFAIRS (AFCO) Authoritarian tendencies: as the current presiding country of the Council of the EU, Finland has raised concerns about the threat to an independent judiciary and free press in countries such as Poland and Hungary. With the European Union being founded upon democratic and Rule of Law principles, what stance should the EU take on these Member States, while also respecting their national sovereignty?

By Meri Mentula (FI)

1. Introduction The rule of law is ​one of the fundamental values of the EU and is ​at the core of protecting democracy and human rights​. The Treaty on European Union places a duty on each Member State to uphold these fundamental principles, yet serious threats to the rule of law and democracy have arisen in recent years with worrying developments in Member States such as Poland and Hungary​.

In Poland, the ruling Law and Justice party (PiS) is endangering the integrity of the election process and the independence of the judiciary​. Controversial election reforms have taken place,1 and PiS continues to expand its control of the courts, through actions such as attempts to force ‘unapproved’ judges to retire early.2 ​Restrictions have also been placed on the media​, as the government effectively

controls public broadcasting3 and is cracking down on private media opposing the government.4 A similar trend can be seen in Hungary, whose Prime Minister Viktor Orbán of the far-right Fidesz party has gained control over the country’s Constitutional Court by filling it with politically appointed justices and forcing 400 judges to retire.5 Since then, the Orbán government has ​weaponised the law to chip away at democratic principles​, human rights protection and freedom of the press.6

This kind of ​lack of respect for the rule of law and democracy ​by Member States undermines the very functioning of the EU, and risks its future status as an entity dedicated to the protection and promotion

of democratic principles. Without mechanisms to make sure the government does not abuse its power, an independent judiciary, and a free press, people will never be truly equal before the law and their access to justice and impartial media will remain at risk. The EU has taken steps to address this pressing matter,7 yet it continues to pose a serious threat to European democracy. How should the EU react to this concerning situation and ensure that its Member States respect the values it was founded upon, without trying to influence the national sovereignty of Member States?

​Freedom in the World 2019: Poland ​Poland reverses law on removing judges following EU court ruling 3 ​Poland: The EU's media freedom conundrum 4 ​The Polish government is cracking down on private media — in the name of combating ‘fake news’ 5 ​Hungary’s Latest Assault on the Judiciary 6 ​Human Rights Watch: Hungary 7 ​European Parliament Votes to Censure Hungary 1 2

2. Key Terms ●

Authoritarianism: ​A form of government characterised by the enforcement of obedience to a

central authority at the expense of personal freedoms and values such as the rule of law.8 Its elements include weakened democratic institutions, denied or unenforced fundamental rights, narrowed representation of different voices in politics, and a lack of checks and balances to hold those in power accountable. ●

Rule of Law: ​At the most basic level, the Rule of Law means that everyone - governments and

parliaments included - is equally subject to the law, under the control of independent and impartial courts.9 It is one of the key values on which the EU is founded and is stated in Article 2 of the Treaty on European Union. Other core elements of the Rule of Law include access to justice, legal certainty (accessibility to texts of law and applying the law in a predictable manner), prohibition of abusing political power, and respect for human rights.10 ●

Democratic backsliding: ​Simply put, democratic backsliding can be defined as “state-led debilitation or elimination of any of the political institutions that sustain an existing democracy.”

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It often involves manipulating elections, silencing critics by limiting media freedom, and abuse

of political power by the executive (for example the government or prime minister) to strengthen their position at the cost of democracy.12 ●

Freedom of the press: ​Freedom of the press or media is a fundamental characteristic of democratic society and is protected in Article 11 of the Charter of Fundamental Rights of the European Union.13 The press exercises freedom of expression, and performs the important function of holding political power to account. It also provides a platform for a wide range of voices to be heard, including different political and ideological views, and allows people to access multiple sources of information and choose what media content they wish to consume.

This enables citizens to better participate in politics and make more informed decisions.

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Separation of powers: ​The idea that power should be distributed between independent branches of the state, namely, the executive (government), the legislature (parliament) and the

judiciary.14 The goal of this is to ensure that no body of the state has too much power, which it could abuse. Therefore, separation of powers prevents tyranny and protects the rights of people.

This principle is followed at least to some extent by most European democracies, even though it is not always strictly implemented.

​Tóth, G. (2017). ​Authoritarianism​. ​European Commission (2019). ​The EU's Rule of Law Toolbox.

10 ​Council of Europe - European Commission for Democracy Through Law (Venice Commission) (2011). ​Report on the Rule of Law. 11 Bermeo, N. (2016). ​On Democratic Backsliding.​ Journal of Democracy 27(1), 5-19. doi:10.1353/jod.2016.0012.

12 Bermeo, N. (2016). ​On Democratic Backsliding.​ Journal of Democracy 27(1), 5-19. doi:10.1353/jod.2016.0012.

13 ​Charter of Fundamental Rights of the European Union 14 Benwell, R., & Gay, O. (2019). ​The Separation of Powers. ​House of Commons Library.

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Checks and balances: ​The system of checks and balances is a mechanism which protects the

separation of powers principle, and makes sure that no branch of the state is too powerful.15 The checks and balances include limits and controls on the powers of each branch. This includes the power of one branch of the state to ‘check’ the actions of another. For example, the judiciary can review the legality of the government’s actions, and the parliament can hold the government accountable for its decisions.

3. Main Conflict(s) One of the conflicts surrounding this issue is between the EU’s role as a body based on democratic values committed to guaranteeing fundamental rights to its citizens, and the fact that its very own Member States are actively breaching these principles. Every EU citizen, no matter what Member State they reside in, should enjoy the same fundamental rights based on values such as human dignity, equality, and democracy, as they are set out in the Charter of Fundamental Rights.16 Rule of law is meant to uphold these rights,17 yet in the case of countries such as Poland and Hungary, law has been used as a tool to weaken the integrity of democratic institutions, freedom of media, and human rights protection.

Forms of eroding the rule of law include ​increased government control of the judiciary, politicisation of the justice system and not treating certain groups as equal under the law. In Poland, this has

occurred through controversial judicial reforms such as allowing the ruling party to appoint the majority of members to the National Council of the Judiciary, which is responsible for appointing judges.18 In Hungary, the majority of judges appointed to the Constitutional Court between were named by the far-right Fidesz government, and ​groups such as the Roma minority, refugees and asylum seekers are not treated equally under the law.19

Democratic backsliding often involves strategic manipulation of elections, weakening checks on government power, and restricting media freedom. In Hungary, the electoral system does not provide the opposition with a level playing field,20 and legislation ​increasing ​political control over the electoral commission has been implemented in Poland.21 ​Checks and balances on executive power have also

been diminished by judicial reform. In the case of media freedom, ​2018 was the worst year for journalists in Europe since the Cold War​.22 Attacks on journalists have nearly doubled since 2015,23 public broadcasting in Poland has become influenced by the ruling party,24 and the Orbán government has gained control of Hungarian news media.25 ​Separation of Powers: A System of Checks and Balances ​Charter of Fundamental Rights of the European Union 17 ​European Commission - Justice and Fundamental Rights 18 ​Freedom in the World 2019: Poland 19 ​Freedom in the World 2019: Hungary 20 ​International observers raise concerns over Hungary election 21 ​Freedom in the World 2019: Poland 22 ​Freedom of the Press 23 ​Freedom of the Press 24 ​Freedom in the World 2019: Poland 25 ​Orban and His Allies Cement Control of Hungary's News Media 15 16

When the government interferes with judicial independence like this and weakens the system of checks and balances, ​the separation of powers between state institutions becomes unbalanced​. ​The government expands its own power too far​, and limits the ability of the courts to review the legality of its actions. This undermines the rule of law and can lead to undemocratic practices.

Unfortunately threats to the rule of law and democracy are ​not limited to Poland and Hungary​. Bulgaria

and Romania have also come under attack for violating these principles, and despite progress have not adequately addressed issues with their judicial systems, corruption, and organised crime.26 This creates ​political tensions within the EU, and has a broad range of worrying effects on people and

society as a whole. Human rights and freedom of expression suffer, and the integrity of elections and thus democratic participation is at risk.

The EU has taken action to respond to these issues, yet there are limits to the EU’s powers to interfere, and some Member States ​may see EU intervention as infringing on national sovereignty​. The EU cannot directly prevent Member States from, for example, passing legislation that contradicts rule of law and democratic principles. However, it can use its existing mechanisms to tackle challenges as they arise, and may also bring matters before the Court of Justice of the European Union if it considers that a Member State has failed to fulfil an obligation under an EU Treaty, such as respecting the rule of law.27

4. Stakeholders ●

European Commission: The European Commission is the executive body of the EU, responsible for implementing EU policy, proposing new legislation, and setting the EU budget. In response to rule of law threats, the Commission adopted the Rule of Law Framework which aims to prevent threats from escalating through dialogue.28 The Commission is dedicated to upholding the rule of law, and has set out steps for possible future action concerning the promotion of the rule of law.29

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The European Council: The European Council is an EU body consisting of heads of state or government of the 28 EU Member States, the European Council President and the President of the European Commission, and is tasked with setting the EU’s policy agenda.30 On a reasoned proposal by one third of EU Member States, the European Commission or the European Parliament, the Council has the power to determine the existence of serious and persistent breaches by a Member State of values such as democracy and rule of law.31 The Council may decide to suspend certain rights from the Member State in question.

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EU Member States: ​Each Member State is responsible for setting legislation at the national level,

although EU treaties, regulations and decisions are binding and must be followed. Member States ​Romania and Bulgaria continue to flout rule of law ​Official Journal of the European Union (2012). ​Consolidated Version of the Treaty on the Functioning of the European Union.

28 ​European Commission: Rule of law framework 29 ​European Commission (2019): ​Strengthening the Rule of Law in the Union.​ 30 ​The European Council 31 ​Official Journal of the European Union (2012). ​Consolidated Version of the Treaty on European Union.

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are bound to respect fundamental principles such as rule of law and democracy, as they are set out in the Treaty on European Union. They are also required to respect fundamental rights outlined in the Charter of Fundamental Rights of the EU when applying EU law, and are parties to the European Convention of Human Rights which entails principles such as freedom of expression, and is binding at the national level. However, in practice Member States do act and legislate contrary to these principles and values. ●

EU Agency for Fundamental Rights (FRA): ​FRA is the EU’s centre of fundamental rights expertise. FRA provides expert advice to the institutions of the EU and its Member States, and

works to ensure that fundamental rights of people residing in the EU are protected. Of these fundamental rights especially relevant to rule of law and democratic principles are access to justice, equality before the law, as well as freedom of expression and information. The FRA promotes these rights by raising awareness, collecting data, advising policy-makers, as well as by engaging with stakeholders from the local to international level.32 ●

Council of Europe: The Council of Europe is the leading human rights organisation on the European continent and has a total of 47 member states, including all 28 EU Member States.33 Rule of law is one of the three pillars of the Council, and its Directorate General for Human Rights and Rule of Law works to promote, protect and develop human rights and rule of law through standard setting, monitoring and co-operation.34 The Council also established the Venice Commission, which is an independent consultative body on matters such as the functioning of democratic institutions, electoral law, fundamental rights, and constitutional justice.35

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The European Ombudsman: The Ombudsman plays a key role in ensuring transparency in the legislative process and that rule of law is respected by EU institutions and in giving citizens the chance to be heard if that is not the case.36

5. Measures in place The values of rule of law and democracy are set out and protected in the ​Treaty on European Union

(TEU)​, as well as included under the ​Charter of Fundamental Rights of the EU​. These treaties are binding on Member States and EU institutions.

One of the EU’s tools to respond to systemic threats to the rule of law is the ​Rule of Law Framework​. The

Rule of Law Framework aims to stop threats from escalating to the point that Article 7 of the TEU has to be triggered, and does this through dialogue with the relevant Member State. The Framework consists of

​European Union Agency for Fundamental Rights - About FRA ​Council of Europe - Who We Are 34 ​Council of Europe - Human Rights Directorate 35 ​Council of Europe - Venice Commission 36 ​The European Ombudsman and Current Challenges 32 33

three stages: Commission assessment, Commission recommendation and monitoring the Member State’s follow-up to the recommendation.37 If employing the Rule of Law Framework does not provide a solution, the last resort is to trigger ​Article 7 of the TEU​. This is a mechanism activated by the European Parliament, the European Commission or at

least one third of the Member States, and results in the European Council determining whether values outlined in Article 2 of the TEU such as democracy and rule of law have been breached. If that is the case, the Council may employ ​sanctions, including suspension of voting rights​ in the Council.38 In 2017, the Commission recommended that Article 7 be triggered against Poland in light of controversial judicial reforms,39 and similarly, in 2018, the European Parliament voted to trigger Article 7 sanctions against Hungary for attacks on rule of law, the media, minorities, as well as electoral concerns.40 However, decisions by the European Council have yet to be made, and Hungary has promised it will block any sanctions against Poland,41 and Poland has stated the same regarding Hungary.42 The Commission has also launched ​infringement procedures on Poland over concerns on judicial

independence. In October, it decided to refer Poland to the ​Court of Justice of the EU (CJEU) regarding a new disciplinary regime for Polish judges.43 In 2018, the Commission was successful in infringement

proceedings over legislation which would have forced judges into early retirement as Poland reversed the law following a judgment from the CJEU.44 In July, the European Commission decided on ​new steps to strengthen the rule of law​. These include

an annual event for dialogue with civil society, a ‘Rule of Law Review Cycle’, and initiatives to promote a rule of law culture, prevent issues from arising, as well as respond to them efficiently.45 However, the measures still require European Parliament and Member State approval. There have also been calls for a new mechanism, that would allow the EU to suspend, reduce or restrict access to EU funding for Member States with rule of law deficiencies.46 There are also measures in place specifically aimed to defend media freedom, which is protected by the Charter of Fundamental Rights. Examples of such measures include EU funding for projects of the European Centre for Press and Media Freedom (ECPMF) aimed at tackling violations of media freedom in Member States, as well as independent monitoring of media pluralism.47 The ​Council of Europe has been actively involved in protecting democracy, rule of law and freedom of the press. Its ​Directorate General for Human Rights and Rule of Law works to promote rule of law 37

​European Commission: Rule of Law Framework

​European Commission (2019). ​The EU's Rule of Law Toolbox. ​Rule of Law: European Commission acts to defend judicial independence in Poland 40 ​EU parliament votes to punish Hungary over 'breaches' of core values 41 ​Hungary veto sets scene for EU battle on Poland 42 ​Poland says it will block any EU sanctions against Hungary 43 ​European Commission - Press release Rule of Law: European Commission refers Poland to the Court of Justice to protect judges from political control 44 ​Poland reverses law on removing judges following EU court ruling 45 ​Strengthening the rule of law through increased awareness, an annual monitoring cycle and more effective enforcement 46 ​European Commission (2019). ​The EU's Rule of Law Toolbox.

47 ​Media Freedom and Pluralism 38 39

through standard setting, monitoring and co-operation, and the Council’s ​Venice Commission provides consultation on matters of democracy and rule of law, and has established the Rule of Law Checklist to

assess rule of law performance of Member States.48 The Council also works with national governance and NGOs to ensure compliance with democratic principles,49 and has established a ​platform to protect media freedom and the safety of journalists​.50

Source: ​The EU's Rule of Law Toolbox

​Council of Europe - Human Rights Directorate ​Council of Europe - Directorate of Human Dignity, Equality and Governance 50 ​Platform to promote the protection of journalism and safety of journalists 48 49

6. Food for thought ●

How well-equipped is the EU to deal with threats to the rule of law and democracy? What further steps could be taken to better respond to these issues?

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How can the EU tackle these issues effectively without undermining the national sovereignty of its Member States?

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What is the role of non-EU institutions and NGOs in upholding the rule of law and democratic principles?

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What effect has democratic backsliding had on human rights protection?

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How could freedom of the press be promoted in EU Member States where the government actively seeks to censor the media?

Further reading: ●

A brief video explaining what the rule of law and separation of powers mean: ​Australia's Magna Carta Institute - Rule of Law Video

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A short summary of EU mechanisms to respond to threats to the rule of law: ​The EU's Rule of Law Toolbox

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A Council of Europe report on media freedom in Europe - ​Democracy at Risk: Threats and Attacks Against Media Freedom in Europe

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Link to a website where you can access the Eurobarometer report on the rule of law: ​European Commission - Public Opinion

COMMITTEE ON CLIMATE CHANGE (CLIM) Towards a just transition: 20th September 2019 witnessed the largest climate strike in history, with millions of people in over 150 countries partaking in the youth-led movement. However, the ‘gilets jaunes’ (yellow vests) movement illustrates a growing discontent by those who feel constrained in their mobility and budget by ‘green’ regulations. How should the EU look to achieve its 2030 and 2050 climate and energy targets while ensuring that the transition is fair and manageable for all socio-economic groups?

By Claire Casey (IE) and Serin Jacob (FR)

1. Introduction

“Respect existence, or expect resistance.”​ This was the message inscribed on placards held during climate strike manifestations in 2019. These placards embodied the Fridays for Future’s global climate strike movement: Youths worked together in organised manifestations to move the world’s leaders and decision makers to take action against climate change. Ironically enough, the message on these placards could embody the reaction: the action taken was met with strong resistance in many countries, with the example of The Yellow Vests (Les Gilets Jaunes). Critics say that the reality of the situation is that ​lower socio-economic classes suffer considerably more​ than higher socio-economic classes when it comes to budget cuts, taxation on petrol and other such measures. So the question is: How can the world leaders effectively push towards their​ united goal,​ while making the transition manageable​ for all?

Overall Environmental Tax in the EU

2. Key Terms Climate Change1:​ ​Climate change is a long-term shift in global or regional climate patterns.

Often climate change refers specifically to the rise in global temperatures from the mid 20th century to present.

Climate Action2: ​Climate action refers to the efforts being made to reduce greenhouse gas emissions and to help the world adapt to climate-induced impacts, including: climate-related hazards; the integration of climate change measures into national policies, strategies and planning; and improving education, awareness and human and institutional capacity with respect to climate change mitigation, adaptation, impact reduction and early warning.

Environmental Regulations3:​ ​Environmental regulations are the regulation of human interaction with the environment in order to conserve and prevent more damage to our environment. EU Policy on Environmental Regulation seeks to preserve, protect and improve the quality of the environment.

Climate Change - United Nations ​https://www.un.org/en/sections/issues-depth/climate-change/ Sustainable Development Goals - United Nations ​ ​https://sustainabledevelopment.un.org/sdg13 3 European Union Law - EUROPA ​https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012E191 1 2

The Global Week for Future4: F​ rom the 20th-27th September, more than 7.6 million people took part in “The Global Week for Future”, the biggest climate strikes in history. These are youth-led protests to demand governments take action against climate change, and are a part of the School Strike for Climate movement, inspired by Greta Thunberg.

Les Gilets Jaunes5:​ ​A French protest movement that began as a demonstration against “green regulations”, rising taxes on diesel and petrol, and the high cost of living. They are called “les gilets jaunes” (the yellow vests) because of their symbol: The fluorescent yellow vest all motorists are required by law to have. Although originally a resistance against green regulations, the movement has since escalated into a more widespread anti-government movement.

2030 Climate and Energy Objectives6:​These are targets adopted by the European Council in 2014 that aim to reduce greenhouse gas emissions, improve renewable energy and increase energy efficiency in order to reduce the effects of climate change The 2050 Carbon Neutrality Goal7: O ​ n 28 November 2018, the Commission presented its strategic long-term vision for a climate-neutral economy by 2050 Carbon Tax: ​A carbon tax is a tax on the use of fossil fuels which emit CO2 when they are burned International Carbon Credits: ​I​nternational credits are financial instruments that represent a tonne of CO2 removed from the atmosphere as a result of an emissions reduction project Paris Climate Accord8: ​The Paris Agreement is a legally binding, global climate treaty adopted by 195 countries that attempts to reduce the emission of greenhouse gases. The agreement sets out a plan to avoid climate change by limiting global warming to below ​2°C. The International Labour Organisation9:​ ​The International Labour Organization (ILO) is an agency set up by the United Nations agency whose mandate is to set international labour standards to advance social justice and promote fair working conditions.

​https://globalclimatestrike.net/ The Yellow Vests - The Guardian https://www.theguardian.com/world/2018/dec/03/who-are-the-gilets-jaunes-and-what-do-they-want 6 2030 policies - European Commission - EUROPA ​https://ec.europa.eu/clima/policies/strategies/2030_en 7 2050 strategy - European Commission - EUROPA https://ec.europa.eu/energy/en/topics/energy-strategy-and-energy-union/2050-long-term-strategy 8 Paris Agreement - European Commission - EUROPA https://ec.europa.eu/clima/policies/international/negotiations/paris_en 9 International Labour Organisation - ​ https://www.ilo.org/ 4 5

3. Main Conflict(s)

Are we running out of time to save the planet?

Poll commissioned by ​Hope not Hate

There is a ​huge disparity​ in socio-economic groups when it comes to climate change. The richest 10% of consumers produce half of global carbon emissions, whilst the poorest half of the population produces just 10%.10 This disparity can also be seen in the effect that environmental taxes have on lower socio-economic groups.

Environmental regulations having such a detrimental effect on the poorer classes has led to outrage against these regulations,​ creating an ​anti-green sentiment​ and misplaced hatred towards environmental protestors. There have been 197 reported deaths of environmental demonstrators in 2017. However, the number of deaths per year has ​declined​, as the international community begins to listen to these hidden stories. There is a momentum for renewed pressure on companies and investors to take more responsibility and further scrutinize governments who arguably bear a portion of the responsibility for these deaths.11

Imposed environmental regulations​ have led to increases in taxes, which inevitably affect the economy as well as individual jobs​. Environmental regulation ​increases the cost of production directly promotes the development of an environmental- protection industry.12 Many jobs in “polluting” work, such as jobs in power plants, have been lost as a result of the multiple regulations,

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Carbon inequality research - OXFAM​ https://www.oxfam.org/en/research/extreme-carbon-inequality Deaths of Protestors - Global Witness

https://www.globalwitness.org/en/blog/new-data-reveals-197-land-and-environmental-defenders-murdered-2017/ 12

Environmental Research and Public Health - NCBI ​https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5751015/

leaving many employees either unemployed or forced to move jobs13. However, evidence on the impact of green regulations shows that there are ​advantages and disadvantages​ to this situation.

Although jobs have been lost, jobs have also been created. However, there is some discrepancy between the skills needed for “polluting” jobs and “green” jobs. Therefore, some workers benefit from regulation, while many others suffer. 14

In order to lower carbon emissions, one of the biggest components was ​rising taxes on electricity​, leading to a 50% rise in electricity prices in the UK and a record price in Germany15. However, this means that those from lower socio-economic groups suffer greatly because many environmental taxes affect basic necessities (electricity, water, transport, etc), that are often large portions of a small budgets. Over the past three years, heating a house has become 63% more expensive in the UK, despite declining wages. As a result, households belonging to a lower socio-economic group must spend more than 10% on their energy budget. This demographic has become known as ​The Energy Poor​.​ 16

Climate change ​is having a huge effect on the world. The problem is not only that we will experience record breaking temperatures, but that the pace of change is too fast to allow species time to adapt.

Worsening heat-waves17, rising humidity18, and rise in sea levels19, show that the Earth is warming fast, and that all the heat-trapping emissions we release into the atmosphere from burning fossil fuels is the main contributor to climate change20.

From the 20th-27th September 2019, more than ​7.6 million people​ took part in “The Global Week for Future”. These are youth-led protests to demand governments take action against climate change, and are a part of the School Strike for Climate movement, inspired by ​Greta Thunberg21.

This pressure has prompted some environmental action.​ 176 countries have environmental framework laws and 164 countries have created cabinet-level bodies responsible for environmental protection, as of 2017.22 ​Of the 10 EU countries that have announced their carbon neutrality objectives ​Green Employment - Organisation for Economic Co-Operation and Development https://www.oecd.org/environment/Employment-Implications-of-Green-Growth-OECD-Report-G7-Environment -Ministers.pdf 14 Effect of Regulations on Jobs - The Atlantic https://www.theatlantic.com/business/archive/2017/01/regulations-jobs/513563/ 15 Cost of fuel - I Am Expat https://www.iamexpat.de/expat-info/german-expat-news/cost-electricity-germany-reaches-record-high 16 Energy Poverty - European Commission ​https://www.energypoverty.eu/about/what-energy-poverty 17 Heat waves - Centre for Climate and Energy Solutions https://www.c2es.org/content/heat-waves-and-climate-change/ 18 Humidity Rise - Climate Signals https://www.climatesignals.org/climate-signals/atmospheric-moisture-increase 19 Sea Level Rising - US National Ocean Service​ https://oceanservice.noaa.gov/facts/sealevelclimate.html 20 Climate Change - Union of Concerned Scientists https://www.ucsusa.org/resources/are-humans-major-cause-global-warming 21 Speeches - Greta Thunberg - Fridays for Future ​https://www.fridaysforfuture.org/greta-speeches 22 Environment - Pacific Standard - PSMAG https://psmag.com/environment/the-key-to-climate-change-is-getting-countries-to-follow-the-law 13

for 2050, few plan to totally ban the use of ​international carbon credits23. France is one such country, and its target also covers all greenhouse gas emissions. However, as the strategy is not binding, it is not being implemented, and France is reducing its emissions at a rate of 1.1% instead of the planned 1.9%.

CO2 taxes have had a huge effect on poorer socio-economic groups. The EU has committed to reducing greenhouse gas emissions in the ​non-European Trading Systems​ sectors by 30% from 2005 levels by 2030. This was adjusted to greenhouse emissions targets for each Member State, with suggested increases to meet the​ 2030 and 2050 objectives​. For example, ​the current rate of CO2 tax in Ireland is €20 per tonne of CO2 emissions, with a proposed rise to €80 per tonne by 203024. Direct emissions from aviation ​account for 3% of EU greenhouse gas emissions25,​ and is one of the f​ astest growing sources​ of greenhouse gases and CO2 - by 2020, global aviation emissions are projected to be 70% higher than in 2005. However this tax has a large effect on poorer socioeconomic groups, leading to outrage against these taxes, and against those who have benefited.

As a result, there is outrage against the injustice as we can see in ​Les Gilets Jaunes move​ment​: The Gilets Jaunes movement began in France in October 2018. Although the movement is not led by any union or political party, protests by the “yellow vests” have unleashed a huge amount of ​civil disorder​, with many people injured and billions of euros of damage inflicted.

4. Stakeholders Fridays for Future26: ​Fridays for Future began in August 2018, after Greta Thunberg27 sat in front of the Swedish parliament every school-day for three weeks, to protest the lack of action on the climate crisis. After the three weeks she continued to strike every Friday, inspiring young people across the globe to partake in school strikes alongside her.

European Climate Change Programme28: ​The goal of the ECCP is to identify and develop all the necessary elements of an EU strategy to implement the Kyoto Protocol. The ECCP consists of several working groups, focusing on topics such as aviation, CO2 & cars, carbon capture, adaptation and greenhouse gas reductions.

International Credits - European Commission - EUROPA ​ https://ec.europa.eu/clima/policies/ets/credits_en Carbon Pricing Overview - Houses of the Oireachtas https://data.oireachtas.ie/ie/oireachtas/parliamentaryBudgetOffice/2019/2019-07-04_an-overview-of-carbon-p ricing_en.pdf 25 Transort - European Commission - EUROPA​ https://ec.europa.eu/clima/policies/transport/aviation_en 26 Fridays for Future ​https://www.fridaysforfuture.org/ 27 Greta Thunberg at The Vancouver Climate Strike ​ https://www.youtube.com/watch?v=ZdyBpfYvxs4 28 Climate Policies - European Commission - EUROPA​ https://ec.europa.eu/clima/policies/eccp_en 23 24

International Objectives and Frameworks that aim towards a sustainable future: Such as the EU​ 2030 Climate and Energy objectives29: ​These are targets adopted by the European Council in 2014 that aim to reduce greenhouse gas emissions, improve renewable energy and increase energy efficiency in order to reduce the effects of climate change; ​the 2050 Carbon neutrality goal30: ​On 28 November 2018, the Commission presented its strategic long-term vision for a climate-neutral economy by 2050; ​The UN sustainable development goals31, a “blueprint” to achieve prosperity within the member states, including important points such as Climate Action, biodiversity and sustainable energy and the ​OECD ‘s active role in Climate action32.

Organisations who support climate action33 ​: such as the ​CAN34 ​(Climate Action Network), Green1035, European Climate foundation36 on a European level, as well as the ​Climate Alliance37, 35038, and the​ ​Youth Climate movement39 ​on an international level.

Groups that protest against the effects of green regulations,​ such as​ Les Gilets Jaunes40: Following in the footsteps of a petition launched by Priscilla Ludosky against rising petrol prices, the Gilets Jaunes are a populist group who protest against the cost of new “green” regulations and taxes imposed by the government, and by EU bodies such as the ECCP and the Directorate General for Climate Change.

2030 policies - European Commission - EUROPA​ https://ec.europa.eu/clima/policies/strategies/2030_en 2050 strategy - European Commission - EUROPA https://ec.europa.eu/energy/en/topics/energy-strategy-and-energy-union/2050-long-term-strategy 29 30

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Sustainable Development Goals Knowledge Platform - United Nations https://sustainabledevelopment.un.org/?menu=1300

Climate Action - Organisation for Economic Co-operation and Development https://www.oecd.org/env/cc/OECD-work-in-support-of-climate-action.pdf 33 Climate Change Organisations - Medium https://medium.com/@thalesetd/organizations-fighting-climate-change-a-quick-guide-2e700d96dc52 34 Climate Action Network Europe ​ http://www.caneurope.org/ 35 The Green 10 - ​ https://green10.org/ 36 European Climate Foundation ​ https://europeanclimate.org/ 37 Climate Alliance​ https://www.climatealliance.org/home.html 38 350 - ​ https://350.org/ 39 Youth Climate Movement - The Conversation http://theconversation.com/youth-climate-movement-puts-ethics-at-the-center-of-the-global-debate-123746 40 The Yellow Vests - The Guardian https://www.theguardian.com/world/2018/dec/03/who-are-the-gilets-jaunes-and-what-do-they-want 32

5. Measures in place The ​European Climate Change Programme ​was launched in June 2000 by the European Commission. The goal of the ECCP is to implement the ​Kyoto Protocol41 in European countries.

2050 Carbon neutrality goal :​ On 28 November 2018, the European Climate Commission Programme presented its strategic long-term vision for a climate-neutral economy by 2050. This strategy is supported by ​18 EU countries42 The ​UN Climate Action Summit 201943 was held at the headquarters of the United Nations in New York City on the 23rd september 2019. Its target was to advance Climate Action by reducing Greenhouse gas emissions to prevent global warming from rising 1.5 degrees above pre-industrial levels.

ILO’s Green Job Initiative44 is a Framework that plans to guarantee easy access to “green” jobs : Jobs that are not part of a larger, polluting societies: d​ecent work is a cornerstone for effective policies to green economies for achieving sustainable development. This implies that efforts to reduce adverse environmental impact must lead to socially just outcomes with employment opportunities for all.

6. Links for further research

● Who are Les Gilets jaunes and What do they want?​ An Article in the Guardian shedding some light on the movement in order to understand how it began, and how it escalated. ● Let them eat Carbon Credits:​ How do green regulations affect the poor? ● A moving speech by Greta Thunberg at Vancouver climate strike rally.​ And another at ​The Climate Action Summit 2019 ● https://www.bbc.com/news/science-environment-46360212​ An overview of the ECCP’s 2050 carbon-neutrality goals.

The Kyoto Protocol - European Commission - EUROPA https://europa.eu/rapid/press-release_MEMO-04-43_en.htm?locale=en 42 2050 carbon neutrality goals - Euractiv 41

https://www.euractiv.com/section/climate-strategy-2050/news/18-eu-countries-sign-up-to-2050-carbon-neutrality-goal/ 43 44

https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_721144/lang--en/index.htm ​https://www.ilo.org/global/topics/green-jobs/WCMS_213842/lang--en/index.htm

Food For Thought:

How should EU regulations ensure that all individual member states can meet their 2030 and 2050 without unfairly affecting and excluding specific socio-economic groups?

Why are taxes being raised on necessities, such as electricity and transport, despite the detrimental effect on lower socio-economic groups? Are there fairer alternatives?

Many countries are not on track to meet the climate and energy targets set forth by the EU, why is this? How can this be improved?

What will happen if the EU doesn’t meet the 2030 and 2050 climate and energy targets? How will it affect different socio-economic groups?

COMMITTEE ON CULTURE AND EDUCATION (CULT)

Equality in education: many of Europe's over 50 national minorities, such as Travellers in Ireland, the Roma in Central Europe and the Sámi in Scandinavia, face marginalisation in the education system, with curriculums failing to recognise their culture. With the rate of progression to higher education within these groups remaining well below the national average, how can the European Union ensure equality of access to educational pathways for all its citizens?

By Emily Usner (AT) and Katie Kiely (IE)

1. Introduction Rates of education for national minorities are statistically much lower than the average population, with figures showing that in areas such as Croatia only 24% of Roma finished primary school education.1 Figures from the 2016 census by the Irish Central Statistics Office show that out of the​ 308,987 travellers living in Ireland, only 167​, which is less than 0.01%, have a​ third level degree2. These figures being well below the national average, it is clear that actions need to be taken to improve national minorities’ access to education. This lack of progression can be attributed to many different factors, from ​financial burdens and language barriers​ to their ​religion or culture

clashing with the curriculum.3 Often curriculums are standardised and place an emphasis on the culture of the majority population, this standardisation can often exclude information on national minorities and their cultures, disregarding their heritage and history. As well as this there is also the tradition of early marriages and births which can make it incredibly difficult for young people from national minorities to attend everyday school. The growing trend in Europe of ever rising tuition fees and cuts in student support can constitute yet another barrier on widening access to higher education for national minority students.4 Coupled with this is the issue of​ discrimination​ against national minorities within college admission systems and the labour market. In recent years discrimination against national 1

​ Šikic-Micanovic, Ivatts, Vojak , Geiger-Zeman. “Roma Early Childhood Inclusion +. Croatia Report”. Croatia, 2015. ​CSO statistical publication. “Census of Population 2016 – Profile 8 Irish Travellers, Ethnicity and Religion”. Ireland, 2017.

3 ​ Immigrant and Ethnic Minorities Working Group of the European Students’ Union. “Handbook for National Unions of Students on Students with a Migrant or Ethnic Minority Background”. Brussels, 2016.

4 ​ Organisation for Economic Cooperation and Development. “Educational Finance Indicators”. 04.11.2019, 22:57 pm.

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minorities appears to be becoming increasingly prevalent. This discrimination can take place in many forms, from ​minorities being far less likely to receive college offers​,5 to an overall​ feeling of exclusion​ amongst socio-economically disadvantaged students.6

Even when having achieved degrees, this feeling of exclusion remains and is in part a result of prejudice and harassment in the workplace. Members of the Sami people are often ​discouraged from pursuing careers in science​ and instead advised to look for work as tourist or scooter guides because of their ethnic origin.7 These factors often lead to a feeling of hopelessness amongst the communities of national minorities and a lack of ambition to attempt to achieve higher levels of education.

2. Key Terms National Minority:​ Although there is no one definition agreed upon by the EU, the term national minority generally refers to a population that is characterised by their own national, ethnic,

linguistic or religious identity, which differs from that of the majority population. Furthermore, they are neither immigrants nor immigrant descendants, rather they have settled and lived in Europe for a long time.

Minority Group:​ ​ category of people who experience relative disadvantage as compared to members of a dominant social group.

Discrimination:​ prejudiced treatment or consideration of, or making a distinction towards, a person based on the group, class, or category to which the person is perceived to belong.

Affirmative Action:​ ​a policy in which an individual's color, race, sex, religion or national origin are taken into account to increase opportunities provided to an underrepresented part of society.

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6 7

​ ​Menzies, Loic. “Progression to University by Gypsy, Roma and Traveller Pupils”. Center for Education and Youth, July 2017.

​‘Identifying social inclusion and exclusion,’ un.org

​Pikkarainen, Heidi. Brodin, Björn. “Discrimination of the Sami. The rights of the Sami from a discrimination perspective”. Stockholm, 2008.

3. Main Conflicts Lacking language skills A lack of language skills in the local language is one of the more obvious and easily observable barriers that keep students from national minorities higher education.8 Education, especially higher education, requires a fairly sophisticated level of language that often takes many years to achieve. As students with minority background tend to grow up with unofficial and regional Minority languages their knowledge of the countries official language is often times limited and doesn’t meet the required level for higher education.

Lack of information Lack of information and understanding of the educational system, and requirements necessary for higher education can hinder access to said education. A mere application round to institutes of higher education can be a daunting task, but without the proper information it is nearly impossible, especially because the support of family members also correlates with the amount of accessible information.

Integration or Discrimination National minorities in Europe can be confronted by discrimination and frequently have become political targets, such as in the case of the Irish presidential election9 . Across the continent, Roma remain the most vulnerable group, often excluded from employment, housing, education and access to health services or justice. They are frequently targeted for violence, all too often with police acquiescence or even participation. Roma children encounter racism, segregation, and systematically lowered expectations in many schools across Europe. Often Roma children can be placed together in remedial classrooms or special needs schools, receiving a different curriculum from other children. In countries such as Hungary, which has a large Roma population, 45% of Roma children in education are placed in segregated schools or classrooms.10

Financial barriers The cost of education and in particular higher education is on a steady rise throughout Europe.

Although countries such as Ireland or Austria provide free university education to EU-citizens,

8 9

​Izsák-Ndiaye, Rita. “Handbook by the United Nations Special Rapporteur on minority issues”. Geneva, March 2017. ​Doyle, Kevin. “Presidential candidate Peter Casey sparks outrage with his 'racist' remarks on Travellers”. Irish Independent.

October 2018.

10 Guibreteau, Salomé. ‘School Segregation of Roma Children: Discrimination in Education in Hungary,’ Humanium.org, October 10, 2016

courses for non-EU citizens vary between 3,500 and 45,000 euros per year not including lodging and living costs. Depending on the individual circumstances those fees pose problems for all kinds of students, however this can disproportionately affect members of national minorities as national minorities typically come from a less fortunate socio-economic background and have higher rates of economic inactivity.11 Figures also show that 46% of Roma families rely on social welfare benefits for their main source of income.12

4. Stakeholders European Students Union:​ The European Students Union (ESU) ​goal is to represent and promote

the educational, social, economic and cultural interests of students at a European level towards all relevant bodies and in particular the European Union, Bologna Follow Up Group, Council of Europe and UNESCO. They often write reports and create initiatives with the aim of allowing students from all walks of like access to equality in education.13 European Association of Institutions in Higher Education (EURASHE): ​EURASHE aims to ensure

the standards of higher level education within Europe by influencing policy-making at European level. This includes having an input on legislation regarding national minorities and discrimination within third level institutuons.14 ERASMUS+: E ​ rasmus+ is the EU's programme to support education, training, youth and sport in

Europe and contributing to the EU 2020 et ET 2020 goals for social inclusion and mobility through learning. Despite being primarily known for providing students with opportunities to study abroad, it is also often tasked with creating reports and projects on the inclusion of minorities within education.15 European Schoolnet:​ The European Schoolnet is a network of 34 European Ministries of

Education, based in Brussels. Their aims include ensuring equal access to education for all students, no matter their ethnic or socio-economic background.16 Council of Europe: ​The Council of Europe is a human rights organisation which operates within the European Continent. It includes 47 member states, 28 of which are members of the European Union.17 European Union Agency for Fundamental Rights​ (FRA): ​The European Union Agency for

Fundamental Rights (FRA) is the EU’s centre of fundamental rights expertise. It is one of the EU’s

11

​ Burchardt, Obolenskaya, Vizard, Battaglini. “Experience of multiple disadvantage among Roma, Gypsy and Traveller children in England and Wales”. Centre for Analysis of Social Exclusion (London School of Economics), February 2018.

12 ​ Šikic-Micanovic, Ivatts, Vojak , Geiger-Zeman. “Roma Early Childhood Inclusion +. Croatia Report”. Croatia, February 2015.

13 ​European Students Union 14 ​European Association of Institutions in Higher Education (EURASHE) 15 ​ERASMUS + 16 ​European Schoolnet 17 ​Council of Europe

decentralised agencies. These agencies are set up to provide expert advice to the institutions of the EU and the Member States on a range of issues, including the provision of Education to National Minorities.18 European Roma Rights Center (ERRC): ​The European Roma Rights Centre (ERRC) is a Roma-led

international public interest law organisation working to combat anti-Romani racism and human rights abuse of Roma through strategic litigation, research and policy development, advocacy and human rights education.19 Irish Traveller Movement (ITM): ​The Irish Traveller Movement is a national membership-based

Traveller Organisation representing 40 local and national Traveller groups across Ireland working collectively at a local, regional and national level to represent the views of Travellers and Traveller organisations. 20

5. Measures in Place Several attempts to resolve the issue have been put in place.

The​ Irish Government created a ​National Traveller and Roma Inclusion Strategy21 in 2017. The Department of

Education and Skills also participated in the development of this strategy. The strategy takes a whole Government approach to improving the lives of Travellers and Roma in Ireland in practical and tangible ways. The strategy includes legislation for the protection of the cultural identity of Travellers and Roma across the education system, as well as the development of educational resources on Traveller and Roma culture and history for use in primary, post primary and adult education settings.

The Council of Europe created the ​Framework Convention for the Protection of National Minorities (FCPNM)​ which aims to protect the rights of persons belonging to national minorities. Its actions include providing the right to education in a minority language, prohibition of forced assimilation and freedom to establish educational 18

​European Union Agency for Fundamental Rights (FRA) ​European Roma Rights Center (ERRC) 20 ​Irish Traveller Movement (ITM) 21 ​Department of Justice and Equality. “National Traveller and Roma Inclusion Strategy (NTRIS) 2017 - 2021”. Ireland, 2017.

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institutions.22 It also established an advisory committee, responsible for ensuring the Convention is upheld in the Council of Europe's Member States.

In 2012, upon request of the European Commision, every Member State also created a ​National Roma Integration Strategy23. These strategies concern the areas of education, employment,

healthcare, housing and anti-discrimination. Member States have the primary responsibility to improve the living conditions and inclusion of the Roma. To support them, the EU made available legal, policy and financial instruments. The European Commission publishes a yearly report on the implementation of the National Roma Integration Strategies.

In addition to these measures, the European Union also recognises the​ EU Charter of Fundamental Rights24, which is a legally binding document containing a list of human rights recognised by the EU. This charter includes the right for national minorities to use their native language and the right to participate in the resolution of affairs that concern national minorities.

6. Food for Thought -

Should the European Union encourage Member States to enact Affirmative Action, while considering the backlash it could incur?

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Should Member States alter their curriculums to accommodate the cultural and religious needs of national minorities?

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How should the EU take action against discrimination, while considering the right to freedom of speech and choice?

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How can the European Commission ensure equal language skills for minority groups without compromising their cultural identity?

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How can the EU provide all citizen groups with the information necessary to access higher education?

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How should the EU take action on the discrimination and prejudice that national minorities face?

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How can the European Commission provide students access to higher education regardless of their monthly income or their families’ wealth?

22 23

24

​Council of Europe. “Factsheet on the Framework Convention for the Protection of National Minorities”. France, October 2016. ​Jourová, Vera. “2019 Report on National Roma Integration Strategies: Key Conclusions”. European Commission, September 2019.

​ ​European Union Agency for Fundamental Rights. “Charter of fundamental rights of the European Union”. 2012.

7. Links -

Youtube video by ​TEDx​ on making college inevitable for minorities https://youtu.be/cEHPFDKFU3s

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Youtube video by ​Crash Course​ on Schools and Social Inequality https://youtu.be/hYMk3Bk08NA

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Article on Racial Inequality in Education https://www.brookings.edu/articles/unequal-opportunity-race-and-education/

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Article by ​Minority Rights Group International​ on Minorities Rights to Education https://minorityrights.org/education/

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Article by​ Right to Education​ on Minority and Rights to Education

https://www.right-to-education.org/issue-page/marginalised-groups/minorities-and-indig enous-peoples

COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (EMPL) Getting the gig: In 2016, one in four European workers were on atypical contracts and non-standard jobs, including zero-hour contracts and on-demand jobs. Bearing in mind the consumer demand for services like Uber and Deliveroo, how can the EU protect vulnerable workers in this "gig economy”, while also allowing flexible arrangements?

By David English (IE)

1. Introduction Our understanding of people in work is changing, with technological advances creating job opportunities with more independence and control. However, with more and more consumers taking their business to the gig economy due to its apparent efficiency, many ‘jobs’ with regular hours and protections have been replaced. Furthermore, with a rapid increase in the number of low paid, self-contracted workers for international corporations, employment laws need to be updated for today’s new labour environment to ensure that a change in the way Europe works does not diminish the rights afforded to its workers.

2. Key Terms Employee: ​Whilst the definition somewhat varies according to each Member State’s laws, an employee is considered to be an individual working for an employer bound by an indefinite contract, subject to notice 1

. Employees are the ​most protected type of worker across the EU ​with ​legal entitlements to paid sick or

parental leave, holidays, as well as employer pension contributions and severance pay. In certain

Member States, such as France and the United Kingdom, individuals may be classified as ‘workers’ which entitle them to some of the rights afforded to permanent employees.

Self-employed: ​A description of an individual who is entering into a contract with another party without

the principle of subordination2. In theory, the self-employed may ​choose their own clients, hours, specific jobs and the payment ​they receive for them. Whilst little to no worker’s protection is offered in

the law for these individuals across Member States, self-employed individuals often pay a lower net rate of tax ​operating as a sole trader or private limited company3. For this reason, some companies such as Ryanair4 may classify their employees as self-employed even though they fit the criteria of a “worker” to reduce their tax contribution and labour costs.

Professor Evert Verhulp, Working Paper, European Centre of Expertise, The Notion of ‘Employee’ in EU-Law and National Laws, Link:​ https://tinyurl.com/y7qtlr8l 2 Professor Evert Verhulp, Working Paper, European Centre of Expertise, The Notion of ‘Employee’ in EU-Law and National Laws, Link: ​https://tinyurl.com/y7qtlr8l 3 Professor Evert Verhulp, Working Paper, European Centre of Expertise, The Notion of ‘Employee’ in EU-Law and National Laws, Link: ​https://tinyurl.com/y7qtlr8l 4 ‘Jet Pilot may not seem like a Gig, but at Ryanair it is’, Link: https://www.nytimes.com/2017/11/16/business/ryanair-pilots.html 1

Gig economy: ​A non-conventional/atypical employment market, where companies source their labour through ​self-contracted workers, often through ​for-profit online platforms/apps. ​Unlike a normal job

where one’s monthly earnings, job description and hours are set, participants in the gig economy exist completing a number of different tasks with these ​short-term contacts ​suited both to their ​financial and time-planning needs. ​The number of gig workers in the European Union doubled in the years 2000-2014, and they were the fastest growing group of employees5.

Figure 1: The variety of jobs provided in the gig economy is demonstrated in the following graph

Zero-hours contract: A non-subordination contract, often for unskilled work or manual labour where the employer is not required to offer any hours of work to a worker nor is that worker forced to accept any hours of work offered to them6. These types of contracts have been banned in certain Member States, yet exist freely or with some regulation across most of Europe7.

3. Main Conflict(s) As mentioned before, many actors in the gig economy welcome the benefits of this new work model. To many, it is a means to an ​additional income, improving one’s quality of life whilst ​not having to work conventional hours, allowing individuals to pursue different career paths with easier access and greater networking opportunities. Moreover, these companies argue they are ​providing a cheaper and better

‘The Gig-Economy is becoming increasingly global’, Link: https://financialobserver.eu/poland/the-gig-economy-is-becoming-increasingly-global/ 6 Eurofound, Webpage, Industrial Relations Dictionary, Link: ​https://tinyurl.com/ycbyb2jj 7 Conor James McKinney, Full Fact, Zero hours contracts: is the UK “the odd one out”?, Link: https://fullfact.org/law/zero-hours-contracts-uk-europe/

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service fit for the digital world that is preferable to the current systems of employer-employee, or inaccessible sole-traders.

However, there are activist groups and political parties concerned by the rise of the gig economy maintaining these companies and this model of work contribute very little to benefit the local economy and to the workers themselves8. Many critics would argue these companies falsely contract these workers as self-employed to avoid paying certain benefits to individuals or as a means to ​avoid paying tax and offer ​poor health and safety conditions. Moreover, commentators have argued these companies only

replace employed jobs rather than creating new ones as they can as they have an unfair cost advantage over their more traditional competitors. Additionally, as these companies become more popular, workers often find they are not able to find ​enough jobs/’gigs’ to earn a living wage9.

At this moment, there have been a number of protests and legal disputes across Europe between these self-contracted workers and the companies that offer them short-term contacts. More recently, in the UK Uber is now required to label its drivers as workers rather than self-employed10 whereas in the Netherlands a court recently ruled Deliveroo workers were self-employed. Hence ​Member States’ civil and common law systems treat workers in the gig economy differently.

4. Stakeholders Member States: ​Since social and employment policy is considered a shared competence under Article 4 of the Treaty of the Functioning of the European Union (TFEU)11, Member States are required to implement and interpret basic EU standards in their employment laws. However, Member States are free and encouraged to legislate and implement policy that goes beyond these regulations as well as addressing areas where there is no clear EU legislation such as the gig economy. Whilst some Member States may want to improve these workers’ rights, there is a risk of diminishing potential growth in this new sector as well as increasing their unemployment rates due to the high number of individuals operating in the gig economy12.

Corporations in the gig economy: ​With Silicon Valley companies such as Uber ​expanding rapidly into the EU​, any changes to the ​legal status of self-contracted workers in the gig economy and the rights

afforded to them will have a dramatic impact on their bottom line. In addition, most of these are companies operating at a loss but have received large sums of investment from venture capital and high valuations due to potential future earnings once these companies have fully scaled, as well the scope for further innovation. With this in mind, added regulation may create challenges ​for these companies to operate within Europe and provide this new style of work to the may that prefer it.

James Politi, Financial Times, Di Maoi takes aim at Italy’s gig economy, Link: https://www.ft.com/content/04b6d97c-7305-11e8-aa31-31da4279a601

9 UK inequality: How the 'gig economy' is reshaping workers' rights, Link:​https://www.youtube.com/watch?v=kR4rwSVEyf4 10 Sarah O’Connor & Aliya Ram, Financial Times, Uber loses appeal in UK employment case, Link: https://www.ft.com/content/84de88bc-c5ee-11e7-a1d2-6786f39ef675 11 TFEU Art. 4, Link: ​https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0096 12 Stefan Baskerville, The Guardian, Falling unemployment is great for the economy? Try telling cleaners like Irene, Link: https://tinyurl.com/yayvqv39 8

Trade unions: As an organisation composed of paying members working in a certain industry or profession, trade unions have been the de facto groups of ​defending workers’ rights. Even with

membership rates declining in the private sector13 and a reduction of political influence across Europe, trade unions still play a key role in this discussion. A trade union model, such as the Independent Workers’ Union of Great Britain14, negotiating their rights both with governments and employers, could allow for people in the gig economy to have a ​stronger voice ​in agreeing standard rates for these short-term contracts as well as bargaining for certain standards within these new companies.

5. Measures in place On April 16​th 2019, the European Parliament passed a new directive15 which will be put into effect over the next three years. The legislation aims to improve the rights and working conditions of workers in the gig-economy by providing a right to the worker to receive compensation in the case of late cancellation of agreed work assignments by the employer. ​The rules would also prevent employers from stopping a

worker from taking up another job outside of working hours and require that all new employees get key information on their responsibilities and working conditions within a week. Moreover, the worker’s probationary period is limited to 6 months and the worker is provided with the right to cost free mandatory training under the new protections.

Although these are important strides in EU social policy, critics argue it is not enough to ensure sufficient working conditions are met for the worker. Moreover, some platforms such as Deliveroo deny the directive applies to them as ‘genuinely self-employed’16 workers are not covered.

Member states are also making their own independent efforts to secure better rights for gig workers. An amendment17 to a bill proposed in France would have made it possible for platforms like Uber and Deliveroo to establish a ​social charter ​defining ​“their rights and obligations, as well as those of the

workers with whom they entertain relations.” Notably, the charters would have guaranteed a “non-exclusive relation between worker and platform”,​ assured workers a ​“decent wage”,​ and ​“guarantees in case of termination of contractual relations”,​ as well as commitments towards securing safe working

conditions and it would have given independent workers access to vocational training in the same conditions as full-time workers. ​The proposal was meant to encourage digital platforms to commit to the social protection of their workers, while also avoiding their requalification as employees.

Emma Hogan, The Economist, Why Trade Unions are declining, Link: ​https://www.economist.com/the-economist- explains/2015/09/29/why-trade-unions-are-declining 14 The Real Fight to Take Back Control, Link: https://www.youtube.com/watch?v=sNxFNoCKkMU&list=PLa_1MA_DEorEtJesA0TC4RrJajbk3NIix&index=2 15 EU existing measures, Link: https://www.europarl.europa.eu/news/en/headlines/society/20190404STO35070/gig-economy-eu-law-to-improveworkers-rights-infographic 16 New Rules Approved to Improve Working Conditions in Gig-Economy, Link: https://www.irishtimes.com/business/economy/new-rules-approved-to-improve-conditions-in-gig-economy-1.386 2695 17 Amendment No. 2072: ​http://www.assemblee-nationale.fr/dyn/15/amendements/1019/AN/2072 13

On the other side, establishing such a charter was not mandatory for companies and each platform could establish its own charter within the constraints of the law. While offering some sort of social protection for workers, such charters would probably still have excluded things like paid leave, unemployment and retirement benefits. It would have also made it harder for workers to challenge their employment status based on relations of subordination in front of French Labor Courts. It is for these reasons that the charter was criticized as nothing more than a glorified guide to good practice. The main complaints were about the proposal’s lack of ambition and concrete guarantees for platform workers.

In the end the amendment was invalidated by the French Constitutional Council​, nevertheless, the proposals remain as guidelines for the future, even if they arguably do not go far enough. Currently, in Ireland, Deliveroo are pushing for a similar means of employment law modernisation, based on the French social charter proposal.

6. Food for thought ●

Do gig workers deserve to be classified as self-employed and if not is it the EU’s place to intervene?

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Could the gig economy exist if it had to treat all self-contracted workers as employees?

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Could trade unions be adapted for the gig-economy in order to more effectively challenge platform companies?

Links for further research: ●

https://www.ft.com/content/25271b48-38eb-11e9-b856-5404d3811663

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http://column.global-labour-university.org/2018/10/the-gig-economy-challenge-for-trade.html

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The experiences of individuals in the gig economy — UK Department for Business, Energy and Industrial Strategy https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data / file/679987/171107_The_experiences_of_those_in_the_gig_economy.pdf

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Poor worker conditions power the gig economy — Financial Times Alphaville https://www.youtube.com/watch?v=zNLXqvPk2tU

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The tiny union beating the gig economy giants — The Guardian https://www.theguardian.com/politics/2018/jul/01/union-beating-gig-economy-giants-iwgb-zer o-hours-workers

COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (ENVI) Keeping it local: With trade becoming increasingly globalized, the origins of our food are becoming more varied. While the global food market has significant benefits, its cheap imports undercut domestic farmers and its carbon footprint harms our planet. How can the EU allow access to diverse food markets in a sustainable manner, while also protecting local farming initiatives?

By Magdalena Gautsch (AT)

1. Introduction “40 to 80% of products in the supermarket should be classified as poison not food” - Mark Bittman With that quote Mark Bittman, American food journalist and author, is not aiming to show his concern about human’s health but our planet’s health. Every choice a person makes in a supermarket impacts his or her carbon footprint.1 Avocados from Mexico, Acai from Brazil and tropical fruit from southeast asia. Consumers expect to find that kind of variety in their local supermarkets, in order to make their fancy smoothie bowls, crazy sushi wraps and other popular food dishes. But what many don’t know is that a majority of the food we eat travels roughly 1500 miles until it lands on our plates, this is the same as the flight distance from Paris to Moscow.23 A consumer in the EU spends on average 13% of their total expenditure on food and beverages. 4The offer of more tropical food is increasing in a lot of supermarkets. This can be seen in the chart here, which shows the origin of the food in the UK. 5

"Sustainable food systems: Mark Bittman lecture | Green Eatz." http://www.greeneatz.com/1/post/2017/03/sustainable-food-systems-mark-bittman-lecture.html​.

2 "How far does your produce travel? - 100 Days of Real Food." 23 Sep. 2019, https://www.100daysofrealfood.com/how-far-does-your-produce-travel/​.

3 image, "Why the UK has such cheap food - BBC News - BBC.com." ​https://www.bbc.com/news/business-45559594​.

4 "How much are households spending on food? - Product ...." 4 Dec. 2018, https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20181204-1?inheritRedirect=true​.

5 "Why the UK has such cheap food - BBC News - BBC.com." ​https://www.bbc.com/news/business-45559594​.

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In 2018, the European Union exported €138 billion of food and imported almost 93 million tonnes. This makes the EU the biggest exporter of food and agricultural produce worldwide. This industry provides 9.7 million jobs within the EU.6 Another big environmental challenge is the amount of food we waste. The EU wastes approximately 88 million tonnes of food annually, which accounts for 8% of the global greenhouse gas emissions. 7 Food waste goes in hand with Food Safety, looking at hygiene and the right form of transportation. This is especially important when importing food from outside the EU.8

2. Key Terms ●

Globalisation: Trade and technology have added to the connectivity and interdependence of all countries in the world. We call that Globalisation, it’s basically a big web of goods traveling across the planet.9

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Carbon Footprint: ​The sum of all Co2 emissions made through the actions of a person, organisation or a community is called their carbon footprint. You can use carbon footprints to show the negative impact of these actions on the environment. 10

●

Export/Import:​The term export is used when one talks about a product that is made in their country and is delivered outside of that country. Import is the opposite of export, so when a resident in a country buys something from another country.

●

Common agricultural policy (CAP): ​This policy guarantees minimum levels of production, so

that europe has enough to eat and ensure a fair standard of living for people dependent on agriculture. It does so by subsidising European farmers. 11

"Farmers and the agricultural labour force - statistics - Statistics ...." 29 Apr. 2019, https://ec.europa.eu/eurostat/statistics-explained/index.php/Farmers_and_the_agricultural_labour_force_-_statis tics​.

7 "Food Waste | Food Safety - European ...." ​https://ec.europa.eu/food/safety/food_waste_en​.

8

"Food safety in the EU | European Union - EUROPA." 11 Jul. 2019, https://europa.eu/european-union/topics/food-safety_en​.

9 "Globalization | National Geographic Society." ​https://www.nationalgeographic.org/encyclopedia/globalization/​.

10 "What is a carbon footprint – definition - Time ...." 25 Jan. 2007, https://timeforchange.org/what-is-a-carbon-footprint-definition/​.

11 "The EU common agricultural policy | World news | The Guardian." 26 Jun. 2003, https://www.theguardian.com/world/2003/jun/26/eu.politics1​. Accessed 1 Nov. 2019.

6

3. Main Conflict(s) One of the main problems with food trade is our globalised world. Even though imported food travels a further distance, it is often cheaper than local food. There are a couple of reasons behind that. Often the currency used to buy food is more valuable in the origin country than in the country the food is imported to. This results of globalisation. 12 Globalisation made people move into urban areas, for reasons like job or accessibility. Nowadays people crave more diverse food all year around. The food industry has responded by increasing the offer of exotic food in the markets. 13 The transport of food depends mostly on oil for its energy. Which is environmentally untenable and impacts the carbon footprint of the food transported. The quality of transport options varies from member state to member state, making it even more difficult for suppliers to transport their goods. 14 Additionally, the transportation alone accounts for 11% of the whole carbon footprint of food. 15 A truck traveling 1500km for food, emits roughly 300kg of Co2, that number is even higher when you have refrigerated products on board.16 A consumer's decision making is highly influenced by the price of a product. Additionally they look for a wide range of products. As seen in Germany where a store owner emptied his shelves from all foreign products. He wanted to show how much international influence we have. The store ended up completely empty.17 Farmers in the UK say that they are struggling to keep up with the prices of the imported food.

This will lead to the UK importing more and more produce in the future. 18 The whole food chain, from producer over transport to consumer, is responsible for food waste. A person in the EU throws on average 173 kg of food away per year. For each kilo of food 4.5 kg Co2 are released into the atmosphere, moreover natural resources like water, soil and energy are being lost. 19 Agriculture has shaped the EU and its Member States for centuries. Through the industrialisation and the increased input of chemicals have an extreme impact on our environment. This resulted in a huge decline of biodiversity across Europe. 40% of Europe’s land is used by agriculture. Even though the recent CAP reform has prioritized to tackle environmental subjects, there is still a long way to go. 20 The CAP, even "The advantages of imported foods." Accessed ​https://aacb.com/advantages-of-imported-foods/​.

"Effect of Globalization on the Food Industry - UK Essays." https://www.ukessays.com/essays/nutrition/effect-globalization-food-industry-4414.php​.

14 "Transport - European Environment Agency - europa.eu." ​https://www.eea.europa.eu/themes/transport/intro​.

15 ""MAP - Monitoring Agri-trade Policy" | Agriculture and rural ...." https://ec.europa.eu/agriculture/trade-analysis/map_en​.

16 "Carbon Footprint of Food | Green Eatz." ​http://www.greeneatz.com/foods-carbon-footprint.html​.

17 "German supermarket empties shelves of foreign-made goods ....". https://www.independent.co.uk/news/world/europe/edeka-german-supermarket-empty-shelves-racism-diversity-l argest-chain-a7908551.html​.

18 "UK will need to import over half of its food within a generation ...." Accessed October 26, 2019. https://www.theguardian.com/environment/2015/feb/24/uk-will-need-to-import-over-half-of-its-food-within-a-gen eration-farmers-warn​.

19 "Food waste: the problem in the EU in numbers [infographic ...." 15 May. 2017, https://www.europarl.europa.eu/news/en/headlines/society/20170505STO73528/food-waste-the-problem-in-the-e u-in-numbers-infographic​.

20 "Agriculture - European Environment Agency - EUROPA." https://www.eea.europa.eu/soer-2015/europe/agriculture​.

12 13

though it stands for a sustainable future, has some critics. It spends £30 billion a year for farmers. But this only helps 20% of all European farms. 21

4. Stakeholders The European Commission: has a big role in this topic, since it is the EU’s politically independent executive arm. The European Commission enforces the EU law is properly applied in all Member States.

They also represent the EU internationally, therefore play a big role in trade. They also aim for a secure food sector and sustainable future. 22

The ​World Trade Organisation (WTO): is the only international organisation dealing with the rules of International Trade. They focus on a smooth, transparent and safe trade flow for all actors. The TBT

agreement established by the WTO focuses among others on human health, food safety and the environment. Therefore they play a key role when we talk about the increasing food trading in Europe. 23

The ​Member states of the European Union are responsible to enforce all laws and propositions made by

the European Commission, for example the Food 2030 Plan. They also make up the European Council and the Council of the EU which are defining the directions the EU legislations are going towards and set the priorities of the EU. 24

The ​consumer and his behaviour strongly influences how the agricultural sector works. The European Commission predicts that consumers will become more conscious about their products. Factors like the

climate or the product’s sourcing will be influencing decision making. The farmers will have to adapt to those demands. In Addition to the consumers conscious choice concerning the environmental impact, they will also have to face challenges brought by globalization. 25

5. Measures in place The European Parliament and Council have set up a directive this april on​ unfair trading practises in the agricultural and food supply chain. ​It is one of the first legislation in that sector. Inside the food sector huge gaps of power exist and especially smaller farms often take loss . This directive is for fair trading

"The EU common agricultural policy | World news | The Guardian." 26 Jun. 2003, https://www.theguardian.com/world/2003/jun/26/eu.politics1​.

22 ​"European Commission | European Union - EUROPA." https://europa.eu/european-union/about-eu/institutions-bodies/european-commission_en​.

23 "Trade and Food Standards - World Trade Organization." https://www.wto.org/english/res_e/booksp_e/tradefoodfao17_e.pdf​.

24 "The EU in brief | European Union - EUROPA." 10 Aug. 2019, https://europa.eu/european-union/about-eu/eu-in-brief_en​.

25

"EU agricultural outlook 2018-2030: Changing consumer ...." https://ec.europa.eu/info/news/eu-agricultural-outlook-2018-2030-changing-consumer-choices-shaping-agricultur al-markets-2018-dec-06_en​.

21

rules in all Member states, considering some Member states did not have any laws protecting farmers from unfair trade. By the directive the suppliers are protected from unfair practises by local buyers and buyers outside of the Union.26

Agricultural Markets Task Force (AMTF)​ was established by the European Commission. It protects local farmers from the problems brought by the increasing food market. The European Commission has set up the AMTF to counteract all possible negative effects brought by the increasing market. Set up in January it examines the farmers position and gives recommendations for improvement.27

Food 2030​ is a plan based off of research done by the European Commission. They look at food health and safety as well as resource efficiency and environmental friendly food. The plan was launched in 2015 and aims for a future-proof and sustainable nutrition for Europe’s population. It is also aiming to help the consumers to their choice of a sustainable and healthy diet. They want to implement a number of projects to work resource efficient in order to sustain a healthy food environment in the future with a minor carbon footprint.28

The​ common agricultural policy​ gives farmers across Europe monetary aid since established in 1962. It’s aim is to support farmers in the EU that we can sustain ourselves and is a common policy in all member states. Additionally it wants to tackle climate change and adapt to a sustainable future. Focusing on rural areas it supports small business by addressing the specific challenges in those areas. 29

6. Food for thought ●

What is sustainable food?

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How can we protect small local farmers from cheap imported food?

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Should the EU encourage people to eat locally, if yes how sh0uld they act?

●

How can we secure a sustainable and climate adaptive agricultural industry?

TedTalk: We must buy local Ted Talk: The impact of buying local food Message by Commissioner Vytenis Andriukaitis about Food Waste

"L_2019111EN.01005901.xml - EUR-Lex." https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L0633&from=EN​.

27

"The agricultural markets task force | European Commission." https://ec.europa.eu/info/food-farming-fisheries/key-policies/common-agricultural-policy/market-measures/agri-f ood-supply-chain/agricultural-markets-task-force_en​.

28

"Food 2030 - European Commission - europa.eu." https://ec.europa.eu/research/bioeconomy/index.cfm?pg=policy&lib=food2030​.

29

"The common agricultural policy at a glance | European ...." https://ec.europa.eu/info/food-farming-fisheries/key-policies/common-agricultural-policy/cap-glance_en​.

26

COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY (ITRE) The Great Hack: The Cambridge Analytical data scandal shed light on the process of abusing people's personal data to influence their political outlook. Given concerns that misinformation disseminated through social media can influence democratic processes, how should the EU regulate the development and use of such technologies?

By Amy Cox (IE) and Michael Fleming (IE)

1. Introduction Information is quickly becoming the world’s ​most valuable commodity​. Businesses, political parties, NGOs and others are using our data to enhance their services, but often at a price. In the past, whistleblowers and leaks have shown the true extent to which our data protection network is in disrepair and how detrimental the potential misuse of data can be for not just governments, but for the overall safety of each European citizen. ​Cambridge Analytica ​was a British political consultancy firm. They used data analysis to target undecided voters in the Brexit referendum and in Trump’s election campaign. Online content would persuade them to vote yes1. It was a major scandal and showed the lack of protection for personal data and the susceptibility of the public to disinformation and propaganda. Over the last decade there has been demand for reforms of our data laws, and the result is the General Data Protection Regulation (GDPR)​, the new EU data protection legislation which came into effect in May 2018. However there are still issues with GDPR, and the question remains- how can we prevent the spreading of targeted false political information online, and prevent another skewed election?

2. Key Terms Big Data​: Refers to large amounts of data produced in a very short amount of time, by a high number of diverse sources. Big data can be analysed to reveal patterns and trends in human behaviour.2

Data mining:​ The process of finding patterns and correlations in data to predict outcomes. Using a broad range of techniques it can be used by companies to increase revenue and more.3

Data processing​: The wide range of activities performed on personal data. This includes, but is not limited to, the collection, recording, organisation, and destruction of personal data.4

​Ed Power, ‘The Great Hack: The story of Cambridge Analytica, Trump and Brexit”, ​The Irish Times​, 24 July 2019 ​“What is big data?’, ​World Economic Forum.

3 “What is Data Mining?”, ​SAS Ireland.

4 ​“What constitutes data processing?”, ​European Commission​.

1 2

Personal Data​: Any information concerning a living person which could identify them. It includes name, age, and location of the individual as well as other social, ethnic and cultural information about them.5

Non-Personal Data​: There is not an easy distinction between personal and non-personal data. It is defined as any data that doesn’t constitute personal data under article 4 of GDPR.6 However, this poses several questions, as there are increasing concerns about security and privacy of the providers of the non-personal data. During the Session, the term will be used when describing data that can be legally obtained without needing permission of the supplier.

3. Main Conflict(s) Protecting right to privacy vs international competitiveness Data protection is costly and difficult for businesses to comply with. For this reason large corporations are looking for places to relocate which do not have as stringent data protection laws. Therefore there is an incentive for countries to not comply with General Data Protection Regulation (GDPR) because they want to attract economic opportunities. Ireland has been criticised for being too friendly to corporations and for not adhering to data protection laws.7 The question of how we can balance international competitiveness with the protection of data rights is becoming more pressing.8

Preventing misinformation vs protecting the right to advertise online: Many businesses use online social media platforms to advertise their product or service. The use of data analysis can help them to identify their target audience and aim their advertisements at them. Political parties and other political groups also have access to this technology, enabling them to identify undecided voters and target them with false information or outright propaganda. Targeted advertising and dissemination of false information can change how we vote in elections and therefore influence democracy.9 How can we balance the right to freedom of expression and the right to advertise online with the prevention of political misinformation?

Correct application of GDPR and education Since its implementation of GDPR in 2018, there has been much misapplication of GDPR practices which have led to confusion and panic amongst the public. One memorable case was a complaint from a customer who rang her hair salon to ask what dye was used on her hair, and the employee could not tell her ‘because of GDPR’.10 With a lack of education and understanding surrounding the issue, how can we ensure that all businesses understand how to adapt to GDPR and most importantly that EU citizens know when their rights are not being upheld​? ​“Definition of Key Terms”, ​Data Protection Commission ​“Coming in May 2019, a new EU regulation on non-personal data”, ​Silicon Republic.

7 Nicholas Vinocur, “Ireland blocks the world on data privacy”, ​Politico​, 24 July 2019 8 ​Eline Chivot & Daniel Castro, “The EU Needs to Reform the GDPR to Remain Competitive in the Algorithmic Economy”, ​Center for Data Innovation​, 13 May 2019 9 Eleonora Nestola, “Why it’s too easy to manipulate voters- and steal the EU elections”, ​The Guardian,​ 6 March 2019 10 Markus Krug, “Hairdresser told customer she couldn’t get details about hair-dye due to ‘GDPR concerns’”, ​The Irish Independent​, 5 November 2019 5 6

4. Stakeholders Big Tech​ are the five major companies interested in data collection. They are Apple, Facebook, Microsoft, Amazon and Google. These companies are increasing their turnover and monopoly on the internet year after year, and scrutiny from the EU over data concerns does little to diminish them.11

Businesses​ in general are affected by GDPR and are having to come up with ways to comply with the regulations imposed in 2018. Businesses are coming together to discuss data protection at forums such as the ​Data Protection World Forum​, which in 2018 took place in London.

Non Governmental Organizations (NGOs) ​have also been forced to change the way they collect and store data.

Data Protection Authorities (DPAs)​ have been established across Europe. ​DPAs are independent public authorities that supervise the application of the ​data protection​ law. They have the power to investigate and correct data misuse in member states. They provide expert advice on data protection issues and handle complaints lodged against violations of the General Data Protection Regulation and the relevant national laws.12

The​ Data Protection Commission (DPC)​ is Ireland’s independent national authority responsible for upholding the individual’s right to have their personal data protected. 13

The ​European Data Protection Board (EDPB) ​is an independent body based in Brussels which is also devoted to the consistent application of data protection rules throughout Europe. It is led by the European Data Protection Supervisor (EDPS).14

5. Measures in place The EU ​General Data Protection Regulation (GDPR​) is the most important piece of legislation in this area. It was passed in 2016 and was implemented on the 25th May 2018, meaning that businesses can now face fines for not complying. It has replaced the 1995 Data Protection Directive and is concerned with protecting personal data15. The legislation is designed to standardize data protection laws across the ​European Economic Area (EEA)​, which includes EU Member States, as well as Switzerland, Norway, Iceland and Liechtenstein.

GDPR protects our right to data privacy and it is reshaping the way businesses and organizations approach data protection. The legislation requires any business or organization to request permission to store our personal data, and to have sufficient antivirus software and firewalls to ​Farhad Manjoo, “Stumbles? What Stumbles? Big Tech Is as Strong as Ever”, ​New York Times,​ 1 August 2018. “​What are Data Protection Authorities (DPAs)?”, ​European Union​.

13 Data Protection Commission Ireland 14 ​About EDPB, European Data Protection Board.

15 ​https://eugdpr.org/ 11 12

prevent a breach of data. They are also required to notify you within 3 days should your personal information be breached.16

6. Food for thought Watch this video for an explainer on GDPR: https://www.youtube.com/watch?v=Assdm6fIHlE

Watch “The Great Hack” on Netflix to get a greater understanding of the importance of data rights in our lives. Watch the trailer here: https://www.youtube.com/watch?v=iX8GxLP1FHo

Reality check: Who controls your data? An article by Lora Jones from the BBC explains everything data related in one brief article. https://www.bbc.com/news/business-43841515

Is GDPR worth the cost? A question posed by Tim Worstall of the Adam Smith institute on the cost of GDPR compliance to firms large and small. https://www.computerweekly.com/opinion/Is-GDPR-worth-the-cost

Have we already sufficiently tackled the cambridge analytica through actions taken my individual member states? https://privacyinternational.org/news-analysis/2857/cambridge-analytica-gdpr-1-year-lot-word s-and-some-action

One year later and still, not all member states are in compliance with GDPR regulation, considering this what measures should be taken to ensure compliance among all member states with new regulations? https://ec.europa.eu/commission/presscorner/detail/en/IP_19_4449

16

​“GDPR explained: How the new data protection act could change your life”, ​Channel 4 News

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HOME AFFAIRS (LIBE) Tying the knot: in July of this year, the UK's parliament voted to extend same-sex marriage to Northern Ireland, effective January 2020. However, in thirteen Member States, marriage is still not open to same-sex couples. With the Charter of Fundamental Rights prohibiting any discrimination on grounds of sexual orientation, what stance should the European Union take on this issue?

By Caroline Ranum Skaar (NO)

1. Introduction Recently, the United Kingdom paved the way for same-sex couples to marry in Northern Ireland as of January 2020. It was called “the beginning of a new era for Northern Ireland” and “a historic moment” by human rights advocates.1 Ensuring ​marriage equality across the whole of the the United Kingdom, it now joins the ranks of many other EU Member States that have already legalised ​same-sex marriage​.

Decades before, The Netherlands had become the first country to grant limited rights to same-sex couples in 1979 and later the first country to entirely legalise same-sex marriage in 2000.2 Many countries within and outside of Europe would follow suit.

The Universal Declaration of Human Rights states that all human beings, no matter their sexual orientation, are equals before the law.3 Per the EU Charter on Fundamental Rights, every EU citizen should have fundamental human rights, including that no one can be discriminated against because of their ​sexual orientation​.

However, the same-sex marriage question remains politically contested. In many belief systems, including Abrahamic religions, a popular interpretation of scripture is that marriage should be the union of a man and a woman.4 In addition, many European nations have cultural or political differences making same-sex unions hard to impose. Currently, marriage is not open to same-sex couples in thirteen Member States5.

An arguement in opposition to same-sex marriage is that civic partnerships fulfil the same goal. However​, the right to marry and marrying your partner has proven to have health benefits. Married couples have a higher chance of staying together and live happier lives. For same-sex couples especially, this gives a

1

​Rory Carroll, “Northern Ireland to legalise abortion and same-sex marriage.” The Guardian, 22 October 2019 ​ asci, David. "Same-Sex Marriage Around the World". Pew Research Center. 28 October 2019 M 3 ​The United Nations Office of the High Commissioner. "Universal Declaration of Human Rights at 70: 30 Articles on 30 Articles - Article 2". The United Nations. Publishing date unspecified 4 ​The Editors of BBC. "Marriage and Weddings". BBC. September 23 2009 5 ​“Entering into a same-sex marriage” ​European Union Agency for Fundamental Human Rights 2

feeling of acceptance and belonging, that is essential for the equality of the sexual orientations. Studies have also found that this can improve general​ physical and mental health​.6

2. Key Terms Same-sex marriage:​ The legal marriage of two individuals of the same sex.7 Civil partnership/ civil union: ​A registered union of two people with a public authority in the country the

union is registered in. This does not always come with the tax, health and estate benefits of marriage depending of the legal status of civil unions in the Country.8 Equal marriage: ​The marriage between same-sex couples and other couples has the same legal significance. This will say that all couples have the same right to marry, including same-sex couples.9

Human right: A fundamental right and freedom that applies to everyone regardless of sex, class, sexual orientation, ethnic background, nationality or actions.10 Sign versus ratify: When a nation signs a treaty or covenant, they have promised to implement what is in the agreement in their national law and constitution of necessary.11 Nations ratify it when they follow through with what they promised and make the agreement a part of national law or the constitution, ensuring that this is maintained legally.12

3. Main Conflict(s) This year The United Kingdom decided to implement ​marriage equality ​for all in Northern Ireland.13 Despite this, many Member States, including Bulgaria, Slovakia, Hungary and Croatia have a constitutional ban on same-sex marriage. It is illegal in all of 13 of these Member States.14 Not granting same-sex couples the right to marry can be seen as contradictory to ​the EU Charter on Fundamental

Rights​, which declared that every citizen has equal rights, including equality in front of the national law.15

​The Washington Blade staff reporters. "Same-sex marriage brings health benefits". Washington Blade. 21 April 2017 7 The Editors of Encyclopaedia Britannica. "Same-sex marriage". Encyclopaedia Britannica. Publishing date unspecified 8 ​Rocket Lawyers. "Civil Union vs. Marriage: What's the difference". Rocket Lawyer. Publishing date unspecified 9 ​Cambridge Dictionary. "Equal Marriage". Cambridge Dictionary. Date unspecified 10 ​The Equality and Human Rights Commission. "What are human rights". Equality and Human Rights Commission.

19 June 2019 11 ​Farlex. "Covenant". The free dictionary. Date unspecified 12 ​ Dictionary. "Ratify". Dictionary. Date unspecified 13 ​Chris Page. "Northern Ireland abortion and same-sex marriage laws change". BBC. October 22 2019 14 ​Braidwood, Ella. "Where is gay marriage still illegal in Europe?". Pink News. 5 October 2018 15 ​The European Commission. "Why do we need the Charter?". The European Commission. Publishing date unspecified 6

However, an issue arises concerning the ability of the EU to interfere with national legislation in this area.

The European Court of Justice has maintained that it is up to Member States themselves to recognised same-sex marriage. 16 As enshrined in the Treaty on the Functioning of the European Union (TFEU), one of the EU’s missions is to be a ​peace and human rights project​. With this in mind, shouldn’t human rights, including LGBT+ rights, be a bigger priority for the EU​?

The European ​LGBT+ community continues to face discrimination. Many Europeans suffer from

discrimination, violence and abandonment as a result of their ​sexual orientation​. With the varying levels of acceptance of the LGBT+ community in the EU, finding a common law can be challenging. For

example, many religious groups within the EU have strict stances against homosexuality.17 Despite modern views and developments, religious traditions have had a cultural influence on many Member States. Such views of gender and marriage are barriers to implementing equal marriage, and some could argue that this highlights the need for a cultural change.

4. Stakeholders The European Commission: ​The EU institution with the responsibility to propose draft laws for the European Parliament and to enforce the laws once they are approved. Thus, they oversee how the EU can

implement assurance that each Member State follows the EU legislations and recommendations on human rights.18 The UN: ​An international organisation comprised of 193 countries, which focuses on human rights and human rights treaties.19

Member States: ​The EU is comprised of 28 Member States. Although the EU can pass international laws in some areas, each Member State has state sovereignty. In many areas, Member States can make legislation that is not in line with the EU's stance.20 The European Unions Agency for Fundamental Rights (FRA): An independent EU body that aims to help every EU citizen on having fundamental rights. The FRA works with providing independent, evidence-based advice on fundamental rights for the EU institutions and Member States.21 ILGA Europe: A non-governmental organisation (NGO) that works with providing equality for members of the LGBT+ community in Europe. They have also expanded their work to central-Asia. The organisation is

​The European Union Agency for Fundamental Rights. "Entering a same-sex civil partnership". The European Union Agency for Fundamental Rights. Date unspecified 17 ​Megan Davies. "Homophobia seen rising in European countries". Reuters. August 21 2019 18 ​The European Commission. "How decisions are made". The European Commission. Publishing date unspecified 19 ​The United Nations. "Overview". The United Nations. Publishing date unspecified 20 ​Georgi Pirinski. "The foundation of a sovereign Europe". The European Council on Foreign Relations. November 8 2018 21 ​The Fundamental Rights Agency. "What do we do?". European Union Agency for Fundamental Rights. Publishing date unspecified 16

composed of several smaller organisations and is built on their two pillars; Human right and equality avocation and building the equal rights movement.22

5. Measures in place In 1948, the ​United Nations (UN) published ​The Universal Declaration of Human Rights (UDHR)​, after the Second World War, with the ambition to ensure that every human being has a set of rights regardless of who they are and where they were born. These rights are meant to be the “foundation of freedom, justice and peace in the world”. 23 The ​Universal Declaration of Human Rights is the foundation of several UN treaties and covenants. The

main ones being ​the UN International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights​. These covenants, among others, exist to ensure that countries are legally bound to follow the requirements. Every nation of the world has signed the UDHR and every EU Member State has signed and ratified the main covenants.24 The EU treaties which the EU is built on, ​the EU Charter of Fundamental Rights and ​The Employment

Equality Directive 2000/72/EC are all set to ensure equality and non-discrimination for all. The Member States are obligated to fight against the discrimination of the LGBT+ community as well..25 However, the EU’s powers do not extend to marital or family status, this is regulated by the Member States.

There had been discussions if weather the ​UN UDHR Article 16 about the right to marry also included same-sex marriage. The article states that: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution” with no mention of sexuality. ​The United

Nations Human Rights Committee and ​European Court of Human Rights have both stated this does not include same-sex couples.26

In 2007 the EU founded the Fundamental Rights Agency to oversee the human rights issues within the EU, including the case of same-sex marriage. The EU has discussed this issue several times but has not come with a public stance on this.

6. Food for thought -

​ILGA Europe. "What is ILGA-Europe". ILGA-Europe. Publishing date unspecified ​The United Nations. "The Universal Declaration of Human Rights". The United Nations. Date unspecified 24 ​The United Nations Human Rights Office of the High Commissioner. "International Covenant on Civil and Political Rights". The United Nations Human Rights Office of the High Commissioner. Date unspecified 25 ​The Fundamental Rights Agency. "Lesbian, gay, bisexual and transgender rights". The European Union Agency for Fundamental Rights. Publishing date unspecified 26 ​Fowler, Mark. "Same-sex marriage: What does human rights law say about claims of equality?". ABC net News. 31 August 2017 22 23

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Should the EU take responsibility for the law on marriage equality within its Member States, or is this impeding on national sovereignty?

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What competencies do the EU have to intervene with Member States that do not allow same-sex marriage?

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How can the EU respect the equal rights of LGBT+ citizens with an approach that is feasible for all Member States, considering their cultural differences?

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HOME AFFAIRS II (LIBE II) Duty of care: Of the 72,000 refugees and migrants stranded in Greece, Cyprus and the Balkans, more than 22,500 are children. Many children are in legal limbo, struggling to fit into their host communities while being psychologically traumatised by their journeys. What can the EU do to ensure child asylum seekers feel welcome, safe and supported once they arrive in Europe?

By Emma Bradfield (IE)

1. Introduction Last year 638,000 people applied for ​asylum in the EU, many of whom have risked their lives trying to reach Europe and 19,700 of these are children1. Before these children make their journey to Europe, they may have already experienced ​severe hardship​, perhaps war, in their home countries. While many who

decide to take the journey are unsuccessful, for those who do arrive in Europe face numerous challenges.

Integrating into a new community can be difficult, but it is particularly important for ​migrant children who often end up missing out on the opportunity to be educated and to socialise due to their situation. In

2018, more than 20,000 ​unaccompanied children registered for asylum in Europe2. Europe and Asia have the highest rate of children separated from their families worldwide which can in time, drastically impact their development3.

2. Key Terms ●

Migrant: any person who moves from a different place or country in search of work or better living conditions.

●

Refugee: someone who is seeking refuge who has been forced to flee their own country due to war, persecution, or natural disaster.

●

Asylum seeker: a political refugee who is looking for protection and safety from a government outside of their home country. They may have left because of war or safety. They are seeking their right to international protection; the right to asylum.

●

Separated child: a child separated from both parents or from his/her previous legal or customary primary care-giver, but not necessarily from other relatives. This may, therefore, mean that the child is accompanied by other adult family members.

​Eurostat, The Euroean Commission, 12th March 2019. ​Eurostat, The European Commission, 26th April 2019 3 ​Keeping families together, UNICEF. 1 2

●

Legal Limbo:​ this refers to a type of “grey area” of uncertainty. Children may be denied legal status when in legal limbo, but it is unsure and uncertain. When in legal limbo, a child’s basic human rights are not protected.

●

Shared Competences:​ is when the EU and the Member States share competence in a certain area, in this case in migration.

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UASC:​ Unaccompanied and separated minor.

●

CEAS:​ Common European Asylum System.

3. Main Conflict(s) Children make up one-third of the world’s population, yet a disproportionate number of children are migrants. Half of all refugees are minors4. Over 12,000 of the 30,000 children who arrived in Europe in 2018 were completely unaccompanied5.

Refugee and Migrant Children in Europe overview of trends.

Journey to Europe: It is important to take into account that children seeking asylum may have escaped traumatic situations and also had a deeply distressing journey to Europe. The majority of children seeking asylum in Europe spent over 6 months on the move along the Eastern and Central Mediterranean routes6. By undertaking this journey, these children miss out on 6 months of education, to name just one consequence. While approximately 77% of children leave their home country directly to begin their journey, the rest re-emigrate after spending time in a country different to that of origin or habitual residence7.

Risk of exploitation: ​In some cases, older minors have pretended to be 18 in order to avoid delays and to

speed up the process of legal limbo and other times asylum seekers were judged as adults by authorities when in actual fact they were children as young as 15 years old8. This can expose them to an increased ​Refugee and migrant children in Europe, UNICEF. ​Latest statistics and graphics on refugee and migrant children, UNICEF. 6 ​Refugee and migrant children in Europe, UN 7 Refugee and Migrant Children in Europe, UNICEF. 8 Subject to Whim, Human Rights Watch, 5th September 2019.

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risk of exploitation if they are housed with adults. Mistakes such as these can take years to correct in a thorough, yet drawn-out system.

Varying System: ​It is clear that countries like Ireland or Estonia for example, with smaller populations, cannot take as many migrants as countries like Germany and Sweden. Likewise, how economically stable a country is affects how the migrant system works. Therefore, different countries use different systems to process migrants and there is no standardisation. The system in Ireland is much slower than the system in Germany, but is this due to varying degrees of emergency or due to the numbers9?

Competences: The actions that the EU can take in relation to any topic vary. The EU have ​shared

competences when deciding the number of migrants entering Member States (??). However, it is the responsibility of each Member State to ensure that there is a strong national protection programme that works in the best interest of asylum seeking children upon their arrival. There is a need for a more long-term view to integrating migrant children into society on both a national and european level. Often times, in a crisis such as the migrant crisis there can be a focus on the immediate and despite solutions needing to be viable in the long-term.

Another challenge facing children when they arrive in the EU is restoring family links. 96,000 children were separated from family either before they left their home country or during the journey to Europe in 201510. Reconnecting minors to their family is a necessity when considering how best to make them feel safe and secure.

Many of the children who arrive in Europe have left school up to two years before they make the journey11 . Therefore, education and language skills become a barrier for them upon their arrival in the EU. The challenge of integrating into society in their new host country is increased when there are problems concerning literacy and language.

Through various opinion polls across the continent, we can see that there is an anti-immigration in general sentiment in Europe12. This can be seen through the success of the Front National party in France, whose primary concern is immigration, through the UK’s decision to vote in favour of leaving the EU in June 2016 and through the general rise of right-wing nationalism in the EU13. How can refugees feel welcome in the EU when they are simply not welcomed by a proportion of the population?

4. Stakeholders ●

EASO: European Asylum Support Office, this EU agency improves cooperation across Member States on asylum-seeking related topics. It does this through sharing information and supporting CEAS.

The Length of Asylum Procedures in Europe, European Council on Refugees and Migrants, October 2016.

Children in Migration, European Commission.

11 Refugee and Migrant Children in Europe, UNICEF 12 Roth, Claire. UNHCR sees anti-migrant rhetoric rise despite arrivals decline. Reuters, 30th January 2019.

13 ​Europe and right-wing nationalism. BBC. 24th May 2019.

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Migrant children and asylum seeking children ​n are the people that are directly affected by the EU’s decisions regarding migration.

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Each ​Member States (MS) Member State has the responsibility to provide asylum to those who meet their criteria due to their membership in the European Union.

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The Court of Justice of the EU ensures that EU law is correctly and appropriately implemented across all MS.

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European Court of Human RIghts is a non-EU convention with the aim of upholding human rights for all. Oftentimes, migrants who enter the EU irregularly risk being expelled as quickly as possible with little concern for their basic human rights.

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Advocacy Groups :

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The United Nations Human Rights Council (UNCRC) ​coordinates the international actions to

protect the rights of refugees worldwide. The effects that migration has on children is a global issue that cannot be tackled by individual states. Therefore, it is vital for the UNHRC to make those important links. ●

UNICEF strives to protect children’s rights in over 190 countries worldwide. They work closely with the UNHRC to better the lives of children who have migrated from their homes in search of a better life.

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International Organisation for Migration (IMO) ​is a body of the UN that is dedicated to ensuring humane and orderly migration globally14.

5. Measures in place CEAS - Common European Asylum System is an attempt of coordinating a european wide approach.

Different legislation comes under CEAS15. ●

The revised ​Asylum Procedure Directives - aim to improve the speed and quality of asylum decisions and to protect unaccompanied children.

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The revised ​Reception Conditions Directive aims for detention to be a last resort and instead ensures housing for asylum seekers upon arrival.

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The revised ​Qualification Directive is to better integrate asylum seekers by providing easier access to services and other benefits in the new host countries.

Blue Dot Centres: set up by UNICEF and the UNHRC to help families and children on the move across Europe16. These centres provide vital services and a safe space to children and families and emphasise the importance of psychological support for migrant children.

International Organization for Migration.

Common European Asylum System, European Commission.

16 ​UNHRC , Blue Dot Centre 14 15

The ​Better Migration Management Programme aims to coordinate a region in relation to tackling the problem of migration instead of individual nations17. At present, it is working the Eastern Africa in countries such as Somalia, South Sudan, Ethiopia, Eritrea, Djibouti, Uganda and Kenya.

Sirius is an initiative co-funded by the European Union that helps educate migrants to the same level as their native peers18.

6. Food for thought ●

Imagine you arrived in an unknown country, having been separated from your family. You don’t understand the language or the culture. What support do you need to start a new life there?

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What opportunities should be available for children older than the compulsory age for education in their host country?

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Useful Infographic19:

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With Maslow’s Hierarchy of needs in mind (see diagram below) how can Member States ensure that the basic needs of migrant children are met upon their arrival to the EU?

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​EU emergency trust fund for Africa, EU Commission, 16th December 2015 Sirius network.

https://childhub.org/en/child-protection-multimedia-resources/integrating-children-move-europe-infog raphic

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Is the EU currently doing as much as it can to help child asylum seekers when they arrive to Europe?

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How can Member States best to educate children in their respective systems of direct provision when there will be different levels of previous education, as well as a language barrier?

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What steps can the EU take to reunite children with their family members if they have been separated from one another on their journey?

COMMITTEE ON SECURITY AND DEFENSE (SEDE) Human rights watchdog? Italian bombs fall on civilians in Yemen, Austrian rifles end up in the hands of Islamist groups and Saudi Arabia tops the table of arms purchases from France. Together, the EU’s Member States are second only to the US in the volume of arms they export. With the EU presenting itself as a protector of human rights and peace, how can it ensure arms produced here are not used in war crimes?

By Tony O'Halloran (IE)

1. Introduction Since 2015 over ​10,000 people have been ​killed in Yemen as a direct result of ongoing violent conflict1.

The ​European Union (EU) ​has played a ​key role ​in ​helping the Yemenis​, providing over €440 million in

humanitarian assistance​.​1 However, the EU is ​not an uninvolved and uncriticized party ​in this

longstanding conflict. Arms sold by member states to Saudi Arabia have been used to kill innocent civilians a ​ nd to ​ commit war crimes2,3.

The ​contradiction between these policies demonstrates a key issue facing the EU in the Middle East and in many other areas across the world. The EU seeks to protect and help those affected by international

conflicts but this position is ​undermined if Member States are ​responsible for producing ​weapons which are used in these conflicts. To try and counter this issue the EU has an arms export policy which

tries to prevent EU manufactured arms from being used to undermine human rights and international humanitarian law4. The arms export policy is ​binding but there is no formal mechanism to enforce it​.

Despite this, ​arms controls have worked in the past. In 2018 the EU moved to strengthen arms embargoes against Myanmar5, sending a clear message that the Union would not tolerate the country’s human rights abuses.

It should be noted that exporting arms often ​benefits the EU. Arms exports are useful to ​support

international allies​, such as Malaysia, where they are used to ​protect shared values of democracy and

human rights. Arms manufacturing contributes to the economies of many member states by providing employment to tens of thousands6 of EU citizens. Supporters of the arms export industry claim that it is responsible for developing technology which ​protects EU citizens​. They believe that if EU companies stop supplying arms to foreign countries, this supply will be replaced with arms produced in nations who do not care about the morality of who they are selling weapons to. In the face of all of this, ​what

​European Civil Protection and Humanitarian Aid Operations Yemen Fact Sheet 20 July 2019 ​Boffey, Daniel and Jones, Sam. “MEPs back call for EU members to halt arms sales to Saudi Arabia” ​The Guardian​, 25 October 2018.

3 “​United Nations Humanitarian Report by the Group of Regional and International Eminent Experts on Yemen” 28 August 2018 4 ​ “Defining Common Rules Governing Control of Exports of Military Technology” ​ Journal of the EU ​8 December 2008 5 ​“Myanmar/Burma: Council Adopts Conclusions” ​The European Council​ 2 ​ 6 February 2018 6 ​“EADS Factsheet” ​Eurofound ​11 December 2018 1 2

measures can the EU take to ensure that arms produced here are used to protect the values of democracy and peace ​and ​safeguard ​the very​ civilians​ which it aims to protect?

2. Key Terms ● ●

Arms Exports​: The sale of weapons and military technology ​to another country. Global arms sales are now at their ​ highest level​ since the Cold War7.

War Crimes​: Actions that ​violate the ​international laws and treaties ​governing military conflict.

The framework for what constitutes a war crime was set out in the Hague and Geneva Conventions and is upheld by the International Criminal Court.

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2008 Common Position on Arms Export Controls: A policy document which sets out the eight criteria ​by which Member States must abide by when making decisions on who they allow

companies to export arms to. This Common Position is legally binding but there is no formal EU mechanism to enforce it.​4 ●

Embargo​: The ​prohibition of a certain type of ​trade with a foreign nation.8. Embargoes are often

used as a ​foreign policy tool​, by which the EU can put pressure on foreign governments to change their behaviour or to express its disapproval over human rights violations. Several EU

countries including Germany placed arms embargoes on Saudai Arabia after the 2018 killing of Saudi journalist Jamal Khashoggi9.

3. Main Conflict(s) Figure 1 from the independent Stockholm International Peace Research Institute shows the world’s twenty largest arms importers from the years 2012 to 2016.

Seventeen of these countries twenty have been found to have been in violation of human rights treaties ​in the last year.

Member states export arms to nearly every country on this list.10 This is often criticized as being in conflict with the EU’s ambition of being seen as a fair and objective voice in international affairs which aims to promote peace over

​Kamali Dehghan, Saeed. “Global Arms Trade Reaches Highest Point Since Cold War Era” ​The Guardian, 20 Feburary 2017.

8 ​Aries, Quentin and McAuley, James. “European Parliament Passes Resolution Urging Arms Embargo on Saudi Arabia” ​The Washington Post,​ 25 October 2018 9 “Jamal Khashoggi: All you need to know about Saudi journalist's death” ​BBC News. 1​ 9 June 2019.

10 “Human Rights Watch 2019 World Report” 7

violence. Human rights watchdogs believe the EU’s ​credibility on an international scale is and will continue to be ​undermined​ until the current situation changes​3​.

For many Member States the amount of humanitarian aid they provide is significantly less than the money they make from selling arms. Figure 2 (from caat.org.uk) compares the amount of money that Member States gave in aid to the UN’s Yemen Humanitarian Response Plan with the value of the licences they had been granted to sell arms to Saudi Arabia and the United Arab Emirates (UAE) (two countries involved in the conflict in Yemen). While the 2008 Common Position on Arms Export Controls seeks to prevent Member States from profiting from ongoing conflict, the lack of mechanism to enforce it has meant that the financial motive has outweighed the moral consequences for several member states. Figure 3 (from theguardian.com) shows the value of arms export licences to Member States in 2017. The total value of these licences was over €15 billion. For many counties the arms industry provides industrial jobs in areas with high unemployment​6​. These arms companies pay tax to Member States and are valuable contributors to the growth of the European economy. The argument is made by many people that it would be in Europe’s interest to allow these companies to do their business freely without restrictions in order to provide the maximum benefit to the European economy.

This conflict is further complicated by the fact that defense is considered an issue of national sovereignty​, therefore individual member states have the power to decide who they wish to sell arms to. The EU has very little ability to overrule them. This brings us to a key question: how can the EU take action to prevent human rights in these cases while also protecting the national sovereignty of Member States in the area of defense?

4. Stakeholders ●

Member States​: The EU Member States all have their own legislation in place in regards to the export of arms. As a result, arms ​policies vary widely between Member States. The ​economies of

some states also benefit from the sale of arms meaning that many Member States are unwilling to implement any measures which would aim to reduce the export of arms to certain countries. ●

The European Union​: The EU’s ​geo-political power often relies on its ability to take ​unilateral

action​. The EU cannot position itself as a defender of human rights for as long as arms produced in member states continue to be sold to nations which violate human rights and international war crimes conventions. The High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini, has the role of coordinating common foreign and security policy. This role includes managing the EU’s international position on arms exports and controls.11 ●

Civilians in third party countries​: The party that is most affected by the current state of affairs are the innocent civilians who are living in areas where these arms are being used.

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Arms Companies: ​Europe is home to several of the world's largest arms exporters.12 These

companies and their employees would be affected by any change to existing arms exports policies and controls.

5. Measures in place Much has already been done to try and tackle this problem with varying degrees of success. However, because defense is an area of national sovereignty rather than one the EU can simply legislate for, each member state is free to have its own arms policy.13 These policies can vastly differ between states as there exists ​little consensus on what course of action is in the Union’s interests.14 ​Many people claim

that this lack of political cohesion is responsible for many of the failings in the EU’s foreign policy regarding both Syria and Venezuela. The EU’s 28 foreign ministers failed to sufficiently establish the

necessary consensus on whether or not to renew embargos on arms sales to Syria, with several member-states deciding to arm rebel groups.15 When governmental order collapsed in Venezuela in early 2017, EU member-states spent months discussing whether or not they should intervene, during which time the situation deteriorated before the states finally agreed on a sanctions package that included an arms embargo16.

In both cases, the EU found itself unable to seize its opportunity to alleviate the humanitarian situation as a direct result of ​incohesive policy on arms exports. Currently all that the Union has been able to do is to encourage Member States to take unilateral action in cases where it believes that the need to enforce embargoes are clear.

​“Federica Mogherini” ​Europa.eu ​“Trends in International Arms Transfers, 2017” ​SIPRI, M ​ arch 2017.

13 ​“ Treaty on the Functioning of the European Union” Volume 59, Articles 2-6, 7 June 2016.

14 ​ Lehne, Stefan “Is There Hope for EU Foreign Policy?” ​Carnegie Europe, ​5 December 2017​.

15 ​“EU Arms Embargo on Syria” ​Stockholm International Peace Research Institute, ​13 November 2013​.

16 ​“Venezuela: the Council's Response to the Crisis” ​European Council​, 30 Septermber 2019.

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In January 2018, the Council of the European Union published its decision on the promotion of effective arms export controls.17 This document sets out the objectives which the EU is pursuing to promote arms exports in accordance with the principles of the Common Position.​16 Measures included in this decision include providing further legislative assistance to third countries and providing training for enforcement officers.​16 ​Opinion is divided on whether these measures will significantly reduce the number of arms exports but more time is needed before any conclusive judgment can be made on the on their effectiveness.

One suggested measure to change the current situation would be to establish a supervisory body controlled by the European Commission to report violations of the 2008 Common Position by Member States. The Commission could then refer these offending member states to the European Court of Justice.18 However such a change would require a change to existing EU treaties which would not be a popular move among many member states. Other suggested measures include defining more clearly what constitutes a “clear risk” and “serious violation” under the terms of the

2008 Common Position, and furthering current measures to help member states prevent arms from ending up in the wrong hands.

6. Food for thought ●

What would happen if Member States all stopped exporting arms? Would the effects of a measure such as this ultimately be positive or negative? Would this help the EU strengthen its reputation as a protector of human rights and allow it to work better to prevent international conflicts?

Would it turn out to be a naive measure which would weaken the EU’s ability to implement foriegn policy and allow states which do not believe in democracy or free speech to strengthen their international influence?

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Is it moral to export weapons which we know will be used in conflict if we believe that these weapons will be used to fight for civilians rights?

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Do Member States have a moral responsibility to consider the impact of the arms they export?

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How would the economies of Member States be impacted if they were no longer allowed to export arms? What impact would this have on jobs? Who would this affect the most?

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How would global international relations be affected if all arms currently being exported by Member States were replaced by arms sold in other countries? Would this affect the global balance of power?

Links for further research: ●

MEP Bodil Valero explains why she believes the EU must go further to restrict the export of arms: https://www.youtube.com/watch?v=94djbUqwnM0​.

“COUNCIL DECISION (CFSP) 2018/101: on the promotion of effective arms export controls” ​Official Journal of the European Union, 2​ 2 Janurary 2018.

18 ​Oppenheim, Beth “Europe Is at War Over Arms Exports”, ​Foreign Policy​, 18 Septermber 2019.

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Opinion piece

highlighting the positive economic benefits that arms exports can have:

https://www.theatlantic.com/politics/archive/2017/05/americas-right-to-sell-arms/527805/ ● ● ● ●

Opinion piece highlighting some of the potential benefits to export arms to Saudi Arabia in an American context: ​https://www.cfr.org/expert-roundup/big-saudi-arms-sale-good-idea

Short documentary from german public broadcaster DW about the conflict in Yemen and how it has been impacted by the global arms trade: ​https://www.youtube.com/watch?v=tkUv2R97I-Y

Clip on Germany's decision to stop exporting arms to Saudi Arabia and to encourage other EU Member States do the same: ​https://www.youtube.com/watch?v=Fub5z5vebhI

Opinion Piece supporting more stringent enforcement of EU export control on arms: https://foreignpolicy.com/2019/09/18/europe-is-at-war-over-arms-exports/

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2012 Report on the EU Common Position on Arms Exports from the EU Non-Proliferation Consortium : ​https://www.sipri.org/sites/default/files/Nonproliferation7.pdf

Trends in International Arms Transfers Report 2018 from the independent Stockholm International Peace Research Institute, which contains many key statistics about the

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international arms trade: ​https://www.sipri.org/sites/default/files/2019-03/fs_1903_at_2018.pdf

Article focusing on China's willingness to sell drone technology to countries that America won’t sell to: ​https://www.middleeasteye.net/news/chinas-saudi-drone-factory-compensates-us-ban

Connaught-Ulster Regional Session 2019

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