Academic Preparation Kit
10th National Session European Youth Parliament Cyprus
24 – 27th August 2016, Larnaca
P.O. Box 42253, 6532 Larnaca, Cyprus E-‐Mail: info@eypcyprus.com Web: www.eypcyprus.com
Contents _______________________________________________________________________________________________________________
l. Message from the President
3
ll. How to use the booklet
5
Committee on Constitutional Affairs I – AFCO I
11
Committee on Constitutional Affairs II – AFCO II
16
Committee on Constitutional Affairs III – AFCO III
20
Committee on Human Rights – DROI
25
30
Committee on Environment, Public Health and Food Safety – ENVI
35
Committee on Industry, Research and Energy – ITRE
41
Committee on Civil Liberties, Justice and Home Affairs I – LIBE I
45
Committee on Security and Defence I – SEDE I
Committee on Economic and Monetary Affairs -‐ ECON
49
Committee on Security and Defence II – SEDE II
55
RODUCTION
l. MESSAGE FROM THE PRESIDENT
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Dear Participants, Summery Larnaca and Cyprus 2016 is only one month away. For the past months, the Chair’s Team of Cyprus 2016 has been working tirelessly to provide you with this Academic Preparation Kit. And here we are! The topics discussed in this session revolve around the common theme of “Solidarity, Equality, Unity: Shaping Europe as one.” Before diving into the depths of this prep-‐kit, I would like to draw your attention to a concept that I find extremely relevant in these turbulent times. The context. Economic crisis, mobilisation of peoples and influx of refugees, terrorist threats, increased border controls, aftermath of Brexit and many other developments has taken the European Union’s challenges to a whole new level. The EU’s fundamentals are at stake when the Member States rightfully take individual actions in order to tackle these recent changes. There is alarming increase of disagreement amongst the Member States in terms of political cooperation and burden sharing in common European issues. Whereas the respect towards state’s own integrity and sovereignty is held high, it also seems that in the parameters of the current socio-‐political turmoil and global changes, we forget to look at the bigger picture. We forget the context. The EU was the antidote for extreme nationalism in the post-‐World War Europe. Ever since, Europe has evolved into something more complex, united and interconnected than ever before; now, when facing these
challenges again, we need to go back to the fundamentals -‐ back to the larger context. The EU is an experiment in terms of common trade system, political cooperation and European integration. The term ‘experiment’ holds within it aspects of not only failures, but more importantly, points of development. Through the constant challenges and developments within the Union we have learned, developed and experimented more, expanding to more political means in the areas of security, liberty, freedom and many others. Yet through this, the Union and its citizens have gained a lot. Our rights as European citizens anchor itself in the system of justice, and this principle is embodied in our public policies. The core values respecting freedom of movement, speech and expression has enabled us to establish opportunities in terms of mobilisation of students and workers, public political debate and dialogue between vertical levels of governance, as well as creation of environment with grand potential for development in all arenas. Mutual respect between partials, whether it is the European citizens or governmental actors or anything in between, should be engraved into every interaction within the Union. And this all starts from safeguarding the unity. Without it, the possibilities of successful interaction, political cooperation, economic integration and respect for freedoms are compromised. The rights we are currently enjoying would be at stake. The EU is an experiment, a political prototype that the global events shape constantly; through rational, long-‐term solutions we can shape this political experiment into what we want it to be. It starts from us, individuals. Together. Cyprus 2016 is an opportunity for you to discuss these fundamental changes shaping our everyday life in the European continent, and within our Union. Cyprus 2016 will give you a platform to develop your critical thinking skills, to feed your innovation and to learn from experiences, debates and other individuals. Thus, in order to make the best of your experience, we kindly invite you to prepare for your committee’s discussions through the academic tool the chair’s team has provided with their dedication and hard work. This Academic Preparation Kit is here to guide you through the fundamental basics of not only your own topic, but also other issues that are to be discussed in Larnaca this August. Having a good understanding of the context, of the bigger picture, is what we recommend warmly to ensure fruitful conversations and debates throughout the session. I wish you good luck with your preparation for Cyprus 2016; make it count. Φιλιά, Annmarie Kiiskinen President of the 10th National Session of EYP Cyprus
ll. HOW TO USE THE BOOKLET
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O USE THIS BOOKLET TOPIC OVERVIEWS The overviews in this booklet have been written to offer a succinct introduction to the topic. They aim to identify the key issues and determine the topic area and are written to provide a balanced representation of the issue. However, in order to develop your critical thinking and understanding of the topic, you need to read through the Links for Further Reading, as well as do your own research on the topic. Each overview consists of 5 elements: Contextualisation and relevance of the topic: addresses the wider context of your topic and how it may be positioned within current European politics. Key Terms: identifies the main terms and concepts surrounding the topic. Key Conflicts and Stakeholders: in order for the issue to be addressed correctly, it is vital to understand who is affected by the problem in question and who has the power to take actions, as well as the main conflicts preventing the issue from being resolved. Existing measures and current legislation: there’s no need to reinvent the wheel! Knowing what policies and institutions are already in place is central in your preparation and will result in a high quality resolution. Key Questions and Further Reading: Will seek to trigger inspiration for further research, as well as highlight the controversy and points for further thought. You will also find links to more information at the end the overview. The list is by no means exhaustive and aims to encourage you to search for further information individually. Remember that the overview is meant as a basis for you to go and do your own research! KNOWLEDGE OF THE EU Further to understanding and researching your committee topic, you are expected to have a good understanding of how the EU works, the role of the EU institutions and the areas of EU versus national competences. This will help you understand which body has the power to act and take measures in solving the issue in question and will therefore elevate the quality of the resolution proposals.
Below you will find information to assist you in your understanding of the EU. This is only an introduction and further reading is encouraged, especially on the institutions and bodies that have been outlined as stakeholders in your topic (see topic overviews).
HOW THE EU WORKS ____________________________________________________________________________________________
HOWES THE EUK The EU is an economic and political partnership between 28 European countries. The EU was created after the Second World War to ensure peace in the region. The first steps were to foster economic cooperation; the idea being that countries who trade with one another become economically interdependent and so more likely to avoid conflict. The result was the European Economic Community (EEC) created in 1958. What began as a purely economic union quickly evolved to a political union and the name changed to the European Union (EU) in 1993. The EU is based on the rule of law, meaning that everything that it does is founded on treaties, voluntarily and democratically agreed by all member countries. These binding agreements set out the EU goals in its many areas of activity. SETTING THE EU AGENDA The European Council sets the EU's overall direction and political priorities but has no power to pass laws. Led by its President, currently Donald Tusk, and comprising national heads of state or government, as well as the President of the European Commission, the European Council meets for a few days at a time at least twice every 6 months. MAKING LAWS -‐ AN INSTITUTIONAL SUMMARY The European Union is based on the rule of law; its legal basis is found on treaties that has been approved democratically by all Member States. These treaties establish the objectives of the Union, the rules of EU institutions and framework for decision-‐making within the Union. The latest amending treaty is Treaty of Lisbon, which was put in action in 2009. It majorly simplified the methods and rules within the Union, introducing new structures in terms of global actorness, institutional functioning and foreign policy. MAIN INSTITUTIONS European Commission (EC) Role: Executive arm, proposes legislation, promotes the Union Members: 28 Commissioners, one from each Member State
President: Jean-‐Claude Juncker (LU) Location: Brussels → European Commission proposes legislation to the Parliament and the Council, thus holding the ‘right of initiative’. Therefore, the Commission is responsible for drawing proposals for new European legislation. → the Commission manages and implements EU policies and the budget → acts as a guardian of the treaties on which the European law is based. Together with the Court of Justice it ensures the EU law is properly applied in all Member States. → represents the Union all over the world European Parliament (EP) Role: Legislative arm of the EU, elected directly by the European citizens. Members: 751 Members of the European Parliament (MEPs) President: Martin Schulz (DE) Location: Brussels, Strasbourg and Luxembourg
→ Exercises democratic supervision over all EU institutions, in particular the European Commission. → Shared authority over the EU budget, in cooperation with the Council → Number of MEPs in each political group: Council of Ministers (The Council) Role: Decides on policies and adopts legislation Members: One national minister from each Member State President: Rotating presidency, Member States assume presidency for a period of 6 months Location: Brussels and Luxembourg
→ Holds the power of appointing the European Commission. → the Council meetings are attended by one minister of each EU’s national governments with the main aim of discussing, agreeing, amending and adopting legislation. Furthermore, they coordinate MSs policies and define the EU’s foreign policy. → The subject on the agenda defines which minister attends which meeting (aka. ‘Configuration’ of the Council). e.g. If Council’s next agenda is set on environmental issues, the environmental ministers of each Member States will attend the meeting. CONFUSION OF COUNCILS There is indeed a confusion over different bodies which have very similar names. Therefore, it is important to distinguish these three different ‘councils’: The European Council → The highest-‐level policy-‐making body in the EU. Consists of the Heads of State or Government (Presidents and/or Prime Ministers) of all the Member States, together with its President and the President of the European Commission. The Council → aka. Council of Ministers. Consists of national ministers of Member States (one from each state). Takes decisions and passes European laws. The Council of Europe → Not an EU institution, but an intergovernmental organisation supervising the protection of human rights democracy and rule of law. This institution set up European Convention of Human Rights, and in order to ensure the European citizens can claim these rights, it also established the European Court of Human Rights. Location: Strasbourg.
OTHER INSTITUTIONS The National Parliaments → enforces subsidiarity (= the EU only acts when the action will be more effective at EU level than at national level), participates to the activities and work of the European Union. The European Central Bank (ECB) → independent institution. Manages the euro and Eurozone’s monetary policy; maintains monetary stability; ensures low and stable consumer price inflation. Location: Frankfurt am Main, Germany. The Court of Justice (ECJ) → in charge of legal judgments in the EU; settles legal disputes between Member States, EU institutions, businesses and individuals. Deals with requests from national courts. The European Court of Auditors (ECA) → supervises the EU funds are collected and used correctly; supports the EUs financial management. Consists of one member from each Member State.
APPLICATION OF EU LAW EU law is divided into primary and secondary legislation. The EU Treaties make up the primary legislation and form the basis and ground rules for all EU action. Secondary legislation includes regulations, directives and decisions, all derived from the principles and objectives set out in the Treaties. The authorities in each Member State are responsible for implementing EU legislation in national law and enforcing it correctly. National governments must guarantee citizens’ rights under these laws. APPLICATION OF EU LAW – ARTICLE 288 TFEU Regulation → applicable and binding law in all Member States directly. Does not need to be passed into national law by the Member States, however in order to avoid laws conflicting with the regulation national laws may need to be changed. Directive → a law binding the Member States (or group of MSs) to achieve a particular objective, usually to be transposed into national law in order to become effective. Whereas a directive specifies the result to be achieved, it is up to Member States to decide how these objectives are reached. Decision → binding in its entirety. Can be addressed to Member States, groups of people or even individuals. Recommendations and opinions → have no binding force. EU VS. NATIONAL COMPETENCES The Treaty of Lisbon clarifies the division of competences between the EU and Member States. It introduces a precise classification for the first time in the founding Treaties, distinguishing between three main types of competence: exclusive competences, shared competences and supporting competences. Competences and are based on the Principle of Subsidiary which entails that decisions must be made at the lowest level possible and as close to the citizens as possible. Thus, the EU may only act when action on the EU level would be more effective than action at national, regional or local level. Exclusive competence: policy fields where EU institutions have the sole power to legislate and adopt binding acts. The Member States’ role is limited to applying these acts, unless the Union authorises them to adopt certain acts themselves. Examples of areas of exclusive competence include customs union, monetary policy for euro area Member States, common commercial policy, etc. Shared competence: means that both the EU and the Member States may adopt legally binding acts in the area concerned. Member States may exercise their competence only in so far as the EU has not exercised, or has decided not to exercise, its own competence. This covers policy areas such as the internal market, social policy, agriculture and fisheries.
Supporting competence: the EU can only intervene to support, coordinate or complement the action of Member States. The EU has therefore no legislative power in these fields and may not interfere in the exercise of these competences reserved for Member States. Policy areas of supporting competence include culture, education, vocational training, youth and other. VIDEOS EXPLAINING THE EU • How the EU works • The EU Institutions explained by their Presidents • How it works – European Laws
PRE-‐SESSION TASKS ___________________________________________________________________________________________-‐
SESSION TASKS You will be contacted by your committee Chairperson with specific assignments to do before the session. These are designed to help you better understand your topic and also facilitate committee work during the session. It is important that you complete the set tasks within the deadline set by your Chairperson.
COMMITTEE ON CONSTITUTIONAL AFFAIRS I – AFCO I With electoral participation rates dropping throughout the EU and even reaching an all-‐time low in the most recent European Parliament elections, what measures should be taken in order to reinvigorate the culture of democratic participation on a national and EU level? By Michaela Pishia (CY) and Nikola Vranes (RS) ____________________________________________________________________________________________ 1) CONTEXTUALISATION AND RELEVANCE OF THE TOPIC The voter turnout in the EU has been alarmingly low and continuously decreasing year after year both in the European Parliament (EP) elections and domestic elections. More specifically, comparing the 61.99% of voter participation in 1979 with 42.61% turnout according to recent statistics1 and keeping in mind that the EU now consists of 28 members instead of nine, it is inevitable to consider the addition of new members as one of the factors of the decreased voter turnout. Also, according to statistics, the citizens of the new members are less likely to vote. For instance, Slovakia has the lowest voter turnouts, 13.05% and many other Eastern European countries have low voter participation1. To put this in perspective, it is necessary to address the minimum age of candidates who voted. It varied from 16 years in Austria2 to 18 years in the majority of states, and reaching up to the age of 25 in Greece and Italy. The voting dates varied from the 22nd to the 25th of May. Generally, very little has been done in order to prevent the continuous decrease of voter turnout and even after the receding percentages became apparent the changes are minimal and insufficient. At the same time, the distrust towards the EU is growing3, especially among young people4 and in light of recent events in Europe as well as in the global arena. This can be seen in the rise of eurosceptic parties calling for leaving the EU – whereas such political directions have always existed, their quantity and popularity have greatly increased during last few years5. There are many reasons for euroscepticism; influence of old regimes, the economic and democratic deficit or the EU pushing the MS in a direction in which they do not want their country to go. Through this, many citizens get disappointed and thus become apathetic to future politically related topics and actions, including elections. This creates a lower voter turnout which ultimately means that the EU is representing the views of its people even less; and keeping in mind that in many countries the percentage of eligible voters who actually vote is close to or lower than 50%, some of the governments and the European 1
European Commission. (2015). “Report on the 2014 European Parliament elections”. Retrieved from: ec.europa.eu/justice/citizen/files/report_european_parliament_elections_2014_en.pdf 2 Public Opinion Monitoring Unit. (2014). “Post-‐election survey 2014 European Elections 2014 Sociodemographic Annex”. Brussels. TNS opinion. Retrieved from: www.europarl.europa.eu/pdf/eurobarometre/2014/post/post_ee2014_sociodemographic_annex_en.pdf 3 Torreblanca and Leonard. (2013). “The continent-‐wide rise of euroscepticism”. London. European Council on Foreign Relations (ECFR). Retrieved from: www.ecfr.eu/page/-‐/ECFR79_EUROSCEPTICISM_BRIEF_AW.pdf 4 Howe, Neil. (2015). “A Rising Generation Of Eurosceptics”. Forbes. Retrieved from: www.forbes.com/sites/neilhowe/2015/10/30/a-‐ rising-‐generation-‐of-‐eurosceptics/#29703fed59ea 5 Scutt, David. (2016). “The stunning rise of Eurosceptic political parties”. Business Insider. Retrieved from: uk.businessinsider.com/rise-‐of-‐eurosceptic-‐political-‐parties-‐chart-‐2016-‐6
Parliament are voted by the few to represent the majority. A result of the above is that many citizens get disappointed and consequently become apathetic towards any future.
Europe-‐related topics and actions, including EP elections. This creates a lower voter turnout which ultimately means that the EU is representing the views of its people even less; especially when the percentage of eligible voters who actually vote is now close to and even lower than 50 per cent, the EP is voted by the few to represent the whole, thus we can even call it a supranational organisation that would represent majority of its citizens. So what can be done to increase voter participation in future? 2) KEY TERMS Voter turnout -‐ a measure of citizen participation in politics. It is usually expressed as the percentage of eligible voters who cast a vote (i.e., “turnout”) at an election. This percentage of voters includes those who cast blank or invalid votes, as they still participate.
Voter registration -‐ the requirement in some democracies for citizens and residents to check in with some central registry specifically for the purpose of being allowed to vote in elections. Compulsory voting -‐ system in which voting is mandatory, meaning that all eligible voters are obligated to vote during elections and if they do not turnout and have no approved reason for that, they may be subject to a penalty. Euroscepticism -‐ criticism of the EU. Eurosceptics oppose closer links with the EU and its process of political integration. The European Parliament (EP) and its Members (MEPs) -‐ the European Parliament is the EU body representing the people. Its Members are directly elected by the people of each country. The EP elections are the people’s most powerful possibility to contribute to EU decisions. The higher the voter turnout, the more representative the election result6
European Union -‐ Each Member State can send a given number of representatives to the EP. This number is calculated by the country’s population7 6
European Union. (2012). “The European Union explained — How the European Union works”. Retrieved from: eeas.europa.eu/delegations/singapore/documents/more_info/eu_publications/how_the_european_union_works_en.pdf 7 Mayoral, Juan. (2011). “Democratic improvements in the European Union under the Lisbon Treaty”. Italy. European University Institute. Retrieved from: www.eui.eu/Projects/EUDO-‐Institutions/Documents/EUDOreport922011.pdf
3) EXISTING MEASURES AND CURRENT LEGISLATION A significant step towards a more integrated EU was the Lisbon Treaty7, an international agreement amending the two treaties upon which the EU bases itself. It was voted by the EU Member States in December 2007 and entered into force on 1 December 2009. With this treaty the EP has been strengthened and a new form of citizen political participation, the European Citizen’s Initiative (ECI), has been adopted. The main aim is to allow European citizens to have a direct impact on EU legislation. For an ECI to be effective, it has to be backed by at least one million EU citizens, coming from at least 7 out of the 28 Member States and and be within an area of EU competence in order to be considered by the European Commission8. However, the EC is not obligated to propose legislation on the proposal. Another initiative to involve people in the actions of Europe is Citizens Dialogue9, proposed by the European Commission in order to reach out to citizens in the debate about the future of Europe. European Commissioners visited towns across Europe, including Nicosia in March 2015 and January 2016, and asked them directly for their views. Furthermore, to make voting more accessible, some Member States have introduced key developments at national level in order to make voting more accessible; examples include postal voting, e-‐voting, advance voting or even voting from abroad. For example, Estonia enhanced the overall electoral turnout percentage by introducing the element of electronic voting to the conventional system10. At the same time four European States have established a compulsory voting system (enforced: Cyprus, Luxembourg; not enforced: Belgium, Greece) through which for instance Belgium has managed to increase the voter turnout to 89.6%11. 4) KEY CONFLICTS AND STAKEHOLDERS: Many countries have managed to become autonomous and simultaneously many regions and nations are voicing their willingness for sovereignty12. Thus, the mistrust towards the EU may be connected to nations not receiving satisfactory levels of autonomy or other states disagreeing with the regions becoming sovereign states. With the EU being implicated in matters of sovereignty of these countries, some may blame the EU for their current state. At the same time, lower voter turnout could be connected to euroscepticism, which could have originated from various issues which Europe is dealing with at the moment such as the refugee crisis, terrorist attacks and the
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European Commission. (2016). “European Citizens’ Initiative Basic Facts”. Retrieved from: ec.europa.eu/citizens-‐ initiative/public/basic-‐facts 9 European Commission. (2016). “Citizens’ Dialogues”. Retrieved from: ec.europa.eu/citizens-‐dialogues/ 10 Scammell, Rosie. (2013). “Internet voting a success in two European countries”. European University Institute. Retrieved from: www.google.com/url?q=http://www.eui.eu/News/2013/02-‐12-‐ InternetvotingasuccessintwoEuropeancountries.aspx&sa=D&ust=1468712343297000&usg=AFQjCNEFcm4PqR5-‐BjkTCdqZmsnlNGN_1w 11 UK Political Info. “European Parliament election turnout 1979 – 2014”. Retrieved from: www.ukpolitical.info/european-‐parliament-‐ election-‐turnout.htm 12 Lyons and Darroch. (2016). “Frexit, Nexit or Oexit? Who will be next to leave the EU”. The Guardian. Retrieved from: www.theguardian.com/politics/2016/jun/27/frexit-‐nexit-‐or-‐oexit-‐who-‐will-‐be-‐next-‐to-‐leave-‐the-‐eu
economic crisis13; for instance, recently the EU has witnessed a rise of extremist parties in multiple Member States upon emergence of migrant crisis. This directly affects the EU’s ambitions of expansion, due to the separatist mentality of national parties, which stems from the concern over compromising the sovereignty and autonomy of their countries at the altar of further EU integration. The rise in popularity of voicing such concerns needs to be recognised. The EU citizens, eligible voters, are the ones performing the act of democracy, and their participation reflects directly on the legitimacy of the union. Similarly, the Member States are responsible for encouraging the citizens to political participation on national as well as on EU level, and for dealing with the EU integration within the country. At the same time, they hold the power of promoting initiatives and follow the directives the EU proposes. When considering the fundamental structures of EU governance, the main executive and legislative body of the EU, the European Commission, is chosen by national governments and with no involvement or input from the citizens. For the European citizens to have legislative input within the EU is through the MEPs which are the only directly voted body of the EU, thus takes responsibility for enhancing the trust in the European integration process amongst the public and in the institutions. However, the power of the EP is considered weak, even though the its powers in legislative procedures have grown considerably since the Lisbon Treaty. This is due to the EPs inability to formally initiate EU legislation and there are a number of policy fields in which the EP has no full legislative powers14. Finally, even though the efforts of making voting mandatory is proven to increase voter turnout, it has the potential risk of hindering the political legitimacy: whereas encouraging voters is
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Harris, Ben. (2015). “10 Reasons Why the UK Should Leave the EU”. Naked Politics. Retrieved from: www.nakedpolitics.co.uk/home/10-‐reasons-‐why-‐the-‐uk-‐should-‐leave-‐the-‐eu 14 European Studies Hub. (2013) “Legislative powers of the European Parliament”. University of Portsmouth. Retrieved from: hum.port.ac.uk/europeanstudieshub/learning/module-‐1-‐understanding-‐eu-‐institutions/the-‐european-‐parliament/legislative-‐powers-‐of-‐ the-‐european-‐parliament/
important as it might enhance the validity of the outcome, it also holds the risk of claiming votes that are unmotivated and not fully thought-‐through as the voters do not act purely based on their free will. Thus the controversy revolves around encouraging individuals for voting, whilst simultaneously respecting their fundamental freedom of choice in terms of political participation. Finally, Non-‐Governmental Organisations (NGOs), such as the International Institute for Democracy and Electoral Assistance (International IDEA), which is an intergovernmental organisation supporting global sustainable democracy as its sole mandate. Work towards strengthening democratic institutions and processes. Through their work they also aim to increase capacity, legitimacy and credibility of democracy, allow for more inclusive participation and accountable representation, and more effective and legitimate democracy cooperation. 5) KEY QUESTIONS AND FURTHER READING -‐ How can the EU encourage political participation through tackling the EU’s position as a “distant” in the eyes of regular citizens? -‐What can the EU do to re-‐engage the its citizens in the EU democratic life and decision making process? -‐In what ways do the media play a part in how the public perceives the EU? -‐How can the EU and its Member States promote and enhance voter participation? -‐How can NGOs contribute in the promotion of voter participation? -‐What are the tools and possibilities in the EU institutions in enhancing the political participation in its Member States? FURTHER READING Debating Europe. (2014). “Are European Citizens’ Initiatives a waste of time?”. Retrieved from: http://www.debatingeurope.eu/2014/02/25/can-‐eu-‐regain-‐trust-‐citizens/#.V4ZwergrLIV European Studies Hub. (2013). “Legislative powers of the European Parliament”. University of Portsmouth. Retrieved from: hum.port.ac.uk/europeanstudieshub/learning/module-‐1-‐understanding-‐eu-‐institutions/the-‐ european-‐parliament/legislative-‐powers-‐of-‐the-‐european-‐parliament/ European University Institute. (2011). “Democratic improvements in the European Union under the Lisbon Treaty”. Retrieved from: https://www.eui.eu/Projects/EUDO-‐Institutions/Documents/EUDOreport922011.pdf Torreblanca and Leonard. (2013). “The continent-‐wide rise of euroscepticism”. London. European Council on Foreign Relations (ECFR). Retrieved from: www.ecfr.eu/page/-‐/ECFR79_EUROSCEPTICISM_BRIEF_AW.pdf Howe, Neil. (2015). “A Rising Generation Of Eurosceptics”. Forbes. Retrieved from: www.forbes.com/sites/neilhowe/2015/10/30/a-‐rising-‐generation-‐of-‐eurosceptics/#29703fed59ea
COMMITTEE ON CONSTITUTIONAL AFFAIRS II – AFCO II The aftermath of Brexit: how can the EU ensure the upholding of solidarity and unity amongst its Member States, whilst respecting states’ demands for self-‐ determination? By Eveliina Hannikainen (FI) ____________________________________________________________________________________________ 1) CONTEXUALISATION AND RELEVANCE OF THE TOPIC As the article 50 of Treaty on European Union (TEU) states, a withdrawal from the European Union (EU) is a right of the EU member states15. However, it has never been as salient as it is today, to look into this right of withdrawal. In February 2016 Britain’s Prime Minister David Cameron declared 23rd of June as a date for a referendum on Britain’s membership of the EU. The United Kingdom (UK) voted to leave the EU, with 51,9% voting to leave, and 48,1% to remain16. The most common arguments in favour of “leave” vote revolved around the EU’s effect on collapsing the national standards and legislation into the EU’s hands, taking a control over areas such as employment law, health and safety, as well as the issue of immigration and free movement17. The arguments for staying in the EU consisted of trade benefits such as avoiding exporter tariffs, different economic benefits, as well as remaining as an influential actor in a globally significant union. A demographic and social division within Britain’s population could be detected from the vote percentages; the older generation was more likely to vote for leave when majority of individuals over 54 years did so, whereas the young and highly educated were generally in favour of staying with 73% of 18 to 24 year-‐olds voting to remain18. Furthermore, a regional division was visible in the voting turnout: areas such as London and Scotland leaned towards “remain” vote. As a result of this the possibility of Scottish independence has become a topical discussion again19. No Member State has ever left the Union, so no one really knows what comes next. The process of the UK leaving the EU will be long, and calming the political and economic turmoil within the Union will most likely take time. Perhaps the most significant question now is that how will the example set by the British referendum affect other Member States’ attitudes towards the EU, and how can the Union uphold its unity and underlying principles. 15
European Parliament. (2016) “Briefing: Article 50 TEU: Withdrawal of a Member State from the EU”. Retrieved from: http://www.europarl.europa.eu/RegData/etudes/BRIE/2016/577971/EPRS_BRI(2016)577971_EN.pdf 16 The Electoral Committee. (2016) “Official result of the EU Referendum is declared by Electoral Commission in Manchester”. News Release. Retrieved from: http://www.electoralcommission.org.uk/i-‐am-‐a/journalist/electoral-‐commission-‐media-‐centre/news-‐releases-‐ referendums/official-‐result-‐of-‐the-‐eu-‐referendum-‐is-‐declared-‐by-‐electoral-‐commission-‐in-‐manchester 17 The Economist. (2016) “A background guide to “Brexit” from the European Union”. Retrieved from: http://www.economist.com/blogs/graphicdetail/2016/02/graphics-‐britain-‐s-‐referendum-‐eu-‐membership 18 Lord Ashcroft Polls. (2016) “How the United Kingdom Voted and Why”. Retrieved from: http://lordashcroftpolls.com/2016/06/how-‐ the-‐united-‐kingdom-‐voted-‐and-‐why/ 19 HeraldScotland (2016). “Henry McLeish: I will back Scottish independence if UK leave EU against Scotland's wishes”. Retrieved from: http://www.heraldscotland.com/news/14194315.Henry_McLeish__I_will_back_Scottish_independence_if_UK_leave_EU_against_Scotl and_s_wishes/?ref=rss
Demands for EU-‐referendums have been heard from several political actors in different countries, which places a great challenge for the EU20. 2) KEY TERMS Article 50 of Treaty on European Union -‐ Article 50 enables Member States to leave the Union. However, it does not set down clear requirements nor instructions for the process of withdrawing from the EU.
European Single Market -‐ a common EU-‐wide market regulating the flow of goods, services, capital and workers. Labour law rules establish harmonised standards for the products and enhance trade and economic growth in the European market, which now is being compromised due to Britain’s decision to leave21. 3) KEY CONFLICTS AND STAKEHOLDERS Settling and solving the trade, economic and political implications between Britain and the EU will be a long and complicated process. What is one of the most central concerns of the situation, is the reaction that is to follow, both in the UK and around Europe. The future and composition of the UK as we know it seems to be at risk after the decision to leave the EU. What is more alarming for Europeans, however, is that in the times of such anti-‐ unifying actions and unstableness amongst the EU member states, other states might follow Britain’s example of withdrawing. Whereas this is indeed every member state’s right as laid out in the TEU, it is also volatile considering that the Union has not seen the long-‐term effects of such leave referendums. The EU’s unity has experienced uncertainty as the Eurosceptic attitudes across the Union have exhilarated during past months and years; now a real concern is that Britain’s decision to leave highlights such eurosceptic attitudes around Europe. ‘European far right’ regards the outcome of the referendum as a victory for them, and similar referendums are required for example in France, Denmark and the Netherlands22. Any more Member States leaving the Union, especially significant actors such as France, could perhaps lead to the dissolution of the whole Union. Thus, the EU is ready to use all its power to stay united and develop for better. Heads of Member States met on June 29th after the ‘Brexit’ vote, and in the meeting President of the European Council Donald Tusk assured that “Leaders are absolutely determined to remain united and work closely together as 27.”23 It is clear that there is a political will within the Union to uphold the functioning of the EU, but the Union’s approach regarding the UK and other potential withdrawing states is yet a question mark.
20
The Guardian (2016): “European far right hails Brexit vote”. Retrieved from: https://www.theguardian.com/world/2016/jun/24/european-‐far-‐right-‐hails-‐britains-‐brexit-‐vote-‐marine-‐le-‐pen 21 European Commission (2016): “The European single market”. Retrieved from: http://ec.europa.eu/growth/single-‐ market/index_en.htm 22 The Guardian (2016): “European far right hails Brexit vote”. Retrieved from: https://www.theguardian.com/world/2016/jun/24/european-‐far-‐right-‐hails-‐britains-‐brexit-‐vote-‐marine-‐le-‐pen 23 European Council (2016): “28-‐29/06/2016 meeting”. Retrieved from: http://www.consilium.europa.eu/en/meetings/european-‐ council/2016/06/28-‐29/
After Britain’s referendum the EU leaders have been perhaps even surprisingly strict in their statements. It has been made clear that the EU will not take UK’s ‘cherry picking’: free access to the Single Market cannot be kept if the EU migration and free movement are not allowed24. All four freedoms, that is the free movement of people, capital, goods and services, must be respected, which then means that leaving the Union automatically leads to leaving the tariff-‐free Single Market. Both the EU and UK, however, want to remain as close partners in the future, so the Union is faced with a challenge of how to support the future cooperation and how much special rights can be granted for Britain. Currently the EU has two possible approaches in the aftermath of ‘Brexit’; either, making it and the following procedures play out as a ‘warning example’ to prevent further withdrawals, or to take this case as a learning point and alter and develop itself in order to avoid such situation from reoccurring. Even greater challenge now is to balance both every nation’s right for self-‐determination, and the EU’s unity and solidarity. It has to be decided how much concession and freedoms can be allowed to Member States potentially wanting to leave the Union, and on the other hand how strict can the EU stay with its principles and legal framework. A 27-‐state Union cannot work without binding common regulation, but requests for leaving the Union might appear if Member States’ national sovereignty is being restricted. If the EU does not succeed in strengthening its unity and responding to demands put into it, Member States could follow Britain’s lead in a domino effect. What the EU now needs is a road map for similar situations in the future. The core question is two-‐layered: what steps should the EU take to sustain its unity principle, while respecting the states’ self-‐ determination, simultaneously also working to prevent this becoming a repetitious trend within the EU? 4) EXISTING MEASURES AND CURRENT LEGISLATION When the article 50 of TEU is triggered, official withdrawal negotiations begin with maximum length of 2 years. David Cameron has left the task of notifying UK’s intention to leave the EU for Britain’s new leadership, but the EU wishes the official negotiations to start as soon as possible in order to avoid political and economic uncertainty25.
On June 29th the 27 heads of state met informally to discuss the implications of the UK’s referendum and the future of the EU. President of the European Council Donald Tusk announced that a similar official meeting, Bratislava 2016, will be held in September26. Due to the recent nature of the situation, measures laid out by the EU are still underway.
24
The Guardian (2016): “Brexit: EU leaders say UK cannot have ‘a la carte’ single market”. Retrieved from: http://www.theguardian.com/politics/2016/jun/29/eu-‐leaders-‐begin-‐summit-‐talks-‐without-‐uk-‐for-‐first-‐time 25 European Council (2016): “28-‐29/06/2016 meeting”. Retrieved from: http://www.consilium.europa.eu/en/meetings/european-‐ council/2016/06/28-‐29/ 26 European Council (2016): “28-‐29/06/2016 meeting”. Retrieved from: http://www.consilium.europa.eu/en/meetings/european-‐ council/2016/06/28-‐29/
5) KEY QUESTIONS AND FURTHER READING -‐ How can the EU uphold trading functions and other relations with the UK, whilst emphasizing the consequences of leaving the Union? -‐ Far right movements and eurosceptic attitudes are raising around Europe, an example of this being France and the possibility of choosing Marie Le Pen for president in 2017. How can the EU react to and tackle this trend? Why has the EU’s popularity weakened? -‐ The outcome of the referendum has been widely criticised also inside the UK and by June 29th over 4 million British people had signed a petition for new referendum on the EU27. Will this affect the process of the UK leaving the EU? -‐Does the even slightly unexpected win of the ‘Brexit’ campaign, and all the uncertainty it has created, have potential to restore popularity of the union around Europe, as the petition for new referendum might indicate? -‐How can the EU enhance the support for the union and its unity amongst its citizens, instead of only negotiating with heads of states and governments? FURTHER READING Gov.UK. (2016) “Treasury analysis: the long-‐term economic impact of EU membership and the alternatives”. https://www.gov.uk/government/publications/hm-‐treasury-‐analysis-‐the-‐long-‐term-‐economic-‐impact-‐of-‐eu-‐ membership-‐and-‐the-‐alternatives BBC. (2016). “EU Brexit summit”. http://www.bbc.com/news/uk-‐politics-‐eu-‐referendum-‐36658541 The Economist. (2016). “A Splintering Union”. http://www.economist.com/news/europe/21701336-‐eus-‐member-‐ states-‐hope-‐stop-‐exit-‐referendums-‐spreading-‐europeu2019s-‐sceptics Dabrowski, Marek. (2016). “Brexit and the EU-‐UK deal: consequences for the EU”. http://bruegel.org/2016/03/brexit-‐and-‐the-‐eu-‐uk-‐deal-‐consequences-‐for-‐the-‐eu/ The Guardian (2016). “Will Article 50 ever be triggered?”. http://www.theguardian.com/politics/2016/jun/26/who-‐will-‐dare-‐pull-‐trigger-‐article-‐50-‐ eu?CMP=Share_AndroidApp_Facebook Cassidy, John. (2016). “Why Brexit Might Not Happen At All”. The NewYorker. http://www.newyorker.com/news/john-‐cassidy/why-‐brexit-‐might-‐not-‐happen-‐at-‐all?mbid=social_facebook
The Telegraph (2016): “Petition for second EU referendum reaches 4 million as hundreds attend anti-‐Brexit protest in London.” Retrieved from: http://www.telegraph.co.uk/news/2016/06/28/petition-‐for-‐second-‐eu-‐referendum-‐hits-‐4-‐million-‐as-‐hundreds-‐att/ 27
COMMITTEE ON CONSTITUTIONAL AFFAIRS III – AFCO III With Member States closing borders and opting ‘out’ from the Schengen agreement, what measures should the EU take in order to uphold this founding principle of the EU? By Vasileios Mornto (GR) ____________________________________________________________________________________________ 1) CONTEXUALISATION AND RELEVANCE OF TOPIC Free movement is one of the founding principles of the European Union (EU); every citizen of the union is allowed to work and live in any EU Member State. In 1985 freedom of movement was enhanced when the Schengen agreement was signed; in 1995 the implementation of the agreement started, giving EU citizens the ability to cross borders inside the EU without border checks28. Today the Schengen agreement is incorporated in the governing rules of the union. In 2015 and 2016 the refugee influx and terrorist attacks in Europe have led to several breaching instances of the Schengen Agreement; thus, the Member States have become increasingly reluctant to follow the principle of freedom of movement. Several European countries have recently reinstated border controls due to the increased influx of refugees and terrorist threats. Austria, Belgium, Sweden, Denmark, France and Germany have started temporary border controls, which is threatening the principle of free movement and the Schengen Agreement altogether. The public opinion of European citizens is slightly shifting to oppose the passport-‐free movement of all people, but the EU is highly motivated to protect and restore its fundamental principle, the Schengen Agreement29. The future of integration of the union is at risk if the principle of free movement is being compromised. Both tourism and business have experienced damages from the weakening of the Schengen Agreement, and the abolishment of the Agreement would lead to great economic losses in the whole union30. However, many see the moral problems and degeneration of the union’s founding principles as even more worrying. Dissolution of Schengen would also mean that the international cooperation and information sharing in security matters would become more difficult and inefficient. On the other hand, the concerns of Member States that are re-‐imposing border controls have to be taken into account. Special emphasis should be given to the risk of terrorist acts and actors moving freely inside Europe, as many Member States fear that terrorists might slip to their territory undetected among the thousands of refugees moving around Europe. 28
European Commission: DG Migration and Home Affairs (2013). “Schengen Area“. Retrieved from: http://ec.europa.eu/dgs/home-‐ affairs/what-‐we-‐do/policies/borders-‐and-‐visas/schengen/index_en.htm 29 DW (2016). “The EU’s plan to save Schengen”. Retrieved from: http://www.dw.com/en/the-‐eus-‐plans-‐to-‐save-‐schengen/a-‐19096576 30 UNHCR (2016). “What is a refugee”. Retrieved from: http://www.unrefugees.org/what-‐is-‐a-‐refugee/
2) Key terms Refugee -‐ a person who is outside their country of citizenship due to well-‐founded grounds for fear of persecution because of their race, religion, nationality, membership of a particular social group or political opinion, and is unable to obtain sanctuary from their home country. Such person may be called an ‘asylum seeker’ until granted ‘refugee status’ by the contracting state or the UNHCR if they formally make a claim for sanctuary or asylum31.
Visa Information System -‐ the Visa Information System allows Schengen States to exchange visa data for identification and verification purposes. It processes data and decisions relating to applications for short-‐stay visas to visit, or to transit through the Schengen Area. Schengen Information System SIS -‐ a network enabling the coordination of national police forces and border control in judicial and security matters. Roadmap for Restoring the Schengen System -‐ Commission’s strategy to restore the fully functioning Schengen Agreement and abolish temporal border control re-‐imposed by some Member States32. 3) KEY CONFLICTS AND STAKEHOLDERS All EU Member States, except for Croatia, Cyprus, Bulgaria, the UK, Ireland and Romania, and non-‐EU countries Iceland, Norway, Switzerland and Liechtenstein are part of the Schengen Area. A key area of concern has to do with the countries mentioned above, that have commenced temporary border controls, posing an unprecedented threat on the integrity of the EU’s free movement principle. Such a decision emanates from the perceived need to closely monitor refugee population movements across each country’s borders in the fear of acts of terrorism, among other security threats. As a result of the border controls, and since almost all EU Member States also are Schengen Area States, frustration has been fueled, followed by an ongoing debate in which it is mainly pointed out that a potential crack of the European identification, unity and cooperation prism could be reached. Inside the core of the union, in bodies such as the European Commission, most of these discussions highlight the necessity of protecting the EU’s entity, whilst ensuring that the Schengen countries do not get the power to oversee and disobey a commonly agreed on framework. Thus, two different paths make their appearance offering a viable option for the different-‐minded governments around the EU: firstly, there is a widespread perception that it is time for the EU to formally suspend the Schengen Agreement, strengthening sovereignty of each and every Member State by
31
UNHCR (2016). “What is a refugee”. Retrieved from: http://www.unrefugees.org/what-‐is-‐a-‐refugee/ European Commission (2016). “Back to Schengen: Commission proposes Roadmap for restoring fully functioning Schengen system”. Retrieved from: http://europa.eu/rapid/press-‐release_IP-‐16-‐585_en.htm 32
allowing them to set their own level of external border controls33. This, however, could lead to isolation of each Member State and could contribute to a generalised lack of cooperation and unity across the union. The second potential path entails the aim of reaching common grounds in terms of implementation of enforcing the augmentation of security and protection levels at Schengen Area’s external borders, while disapproving any possible opt-‐outs from the Schengen Agreement concerning the internal borders. This could, according to experts, prove to be difficult to achieve, but could be beneficial for the wider stability of the area; nonetheless, this stills poses a significant challenge for EU Member States that are already worried about their sovereignty. A newly established EU agency, called eu-‐LISA, could potentially play a significant role in the alleviation of the situation. eu-‐LISA or European Agency for the operational management of large-‐scale IT systems in the area of freedom, security and justice, is an agency aiming to provide a long-‐term solution for the operational management of large-‐scale IT systems with essentially important contributions in the implementation of the asylum, border management and migration policies of the EU. eu-‐LISA is currently managing the EURODAC Regulation, the Visa Information System (VIS) and second generation Schengen Information System (SIS II). Consequently, it could prove a tremendously helpful bridge of communication for all Schengen States in need of up to date and rapid refugee-‐related information34. 4) Existing measures and current legislation The Treaty of Amsterdam, signed in 1997, focused on changes surrounding the Treaty on European Union, created by the Maastricht Treaty in 1992 and played a decisive role in the enhancement of democratic legitimacy of the European institutions, and was also instrumental in the reformation of the three pillars of the EU and in the introduction of a Common Foreign and Security Policy. It was under such circumstances that the Schengen cooperation became incorporated into the EU legal framework35. Such a commitment for a high level of cooperation was sealed by the Schengen Agreement, which is a treaty enhancing the principle of free movement inside the EU, leading to the creation of Schengen Area, a passport-‐ free area in which internal border controls are not in place. Initially signed by ten out of ten Member States of the European Economic Community of that time, it grew to include 26 European states under the auspices of the EU. Under this legal framework, Schengen countries are allowed to temporarily reintroduce border control in the event of a serious threat to public policy or internal security. A border control has to be exceptional and proportional, and its scope and duration depends on the reason behind the temporary border control, with maximum limits varying from 3 months to 2 years36. Additionally, EURODAC (2003) regulation concerns asylum 33
Telegraph (2016). “EU leaders consider two-‐year suspension of Schengen rules”. Retrieved from: http://www.telegraph.co.uk/news/worldnews/europe/eu/12115654/EU-‐leaders-‐consider-‐two-‐year-‐suspension-‐of-‐Schengen-‐rules.html 34
eu-‐LISA. (2016). “About Us”, Retrieved from: http://www.eulisa.europa.eu/AboutUs/Pages/default.aspx Office for Official Publications of the European Communities. (1997). “Treaty of Amsterdam amending the Treaty on European Union”. Retrieved from: http://www.europarl.europa.eu/topics/treaty/pdf/amst-‐en.pdf 36 European Commission: DG Migration and Home Affairs. (2013). “Temporary Reintroduction of Border Control”, Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐do/policies/borders-‐and-‐visas/schengen/reintroduction-‐border-‐control/index_en.htm 35
seekers by allowing Member States to determine responsibility for examining an asylum application by comparing fingerprint datasets, which until recently could only be used for asylum purposes37. A newer version of the regulation has been implemented recently allowing national police forces and Europol to compare fingerprints linked to criminal investigations with those contained in EURODAC, under strictly controlled circumstances and only for the purpose of the prevention, detection and investigation of serious crimes and terrorism. Schengen Agreement is of prime importance for the EU to confront the ongoing situation; it is within EU competences to propose a suspension of the Schengen Agreement or to implement certain rules that could enhance border cooperation and trust throughout the union or even make use of highly advanced technological means to serve this goal. 5) KEY QUESTIONS AND FURTHER READING -‐What measures can the EU take in order to tackle the root of the problem, simultaneously alleviating its impact on the issue of Schengen Agreement suspension? -‐How could the EU reform the Schengen Agreement and its legal framework in order to protect its fundamental principles of unity and free movement? -‐What possible actions could be taken in order to increase security and protection levels at Schengen Area’s external borders, with respect to each country’s rights and to asylum seekers’ fair treatment?
FURTHER READING European Commission (2016). “Schengen Area”. http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐ do/policies/borders-‐and-‐visas/schengen/index_en.htm BBC (2016). “Schengen: Controversial EU free movement deal explained”. http://www.bbc.com/news/world-‐europe-‐13194723 European Commission (2016). ‘Temporary Reintroduction of Border Control’. http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐do/policies/borders-‐and-‐visas/schengen/reintroduction-‐border-‐ control/index_en.htm European Commission (2016). ‘The Schengen area and cooperation’. http://eur-‐lex.europa.eu/legal-‐content/EN/TXT/?uri=URISERV%3Al33020 Politico(2016). “Belgium suspends Schengen, polices border with France”. http://www.politico.eu/article/belgium-‐suspends-‐schengen-‐polices-‐border-‐france-‐calais-‐migrants-‐camps-‐ jambon/ DW (2016). “European Commission extends permission for Schengen border controls”. http://www.dw.com/en/european-‐commission-‐extends-‐permission-‐for-‐schengen-‐border-‐controls/a-‐19236852 37
European Commission: DG Migration and Home Affairs. (2015). "Identification of applicants (EURODAC)". Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐do/policies/asylum/identification-‐of-‐applicants/index_en.htm
Guardian (2016). “EU border controls: Schengen scheme on the brink after Amsterdam talks” https://www.theguardian.com/world/2016/jan/25/refugee-‐crisis-‐schengen-‐area-‐scheme-‐brink-‐amsterdam-‐talks
COMMITTEE ON HUMAN RIGHTS – DROI “No EU country can or should be left alone to address the huge migratory pressures.” -‐ Jean-‐Claude Juncker, President of the European Commission-‐ With thousands of migrants risking their lives to reach Europe, how should the EU reform its outdated policy framework to provide prompt actions to alleviate the overburdening of its external borders and thus the unfair treatment of refugees? By Stella Celine Kim (DE) ____________________________________________________________________________________________ 1) CONTEXTUALISATION AND RELEVANCE OF THE TOPIC Over one million people tried to reach the European Union (EU) through the Mediterranean Sea in 2015. Europe is currently caught in one of the biggest influxes of refugees in history. Due to civil wars and the hope of finding a better life, hundreds of thousands of people have been forced to flee the Middle East and Africa, willing to risk their lives on dangerous travel routes and trusting smugglers. There have been over 3500 deaths in the Mediterranean Sea in the last year; in 2016 only, there have been already 231 000 refugees who have entered Europe via the Mediterranean with a total of 2,800 dead or missing38 39. Human trafficking in a form of smuggling has become a prominent issue as the external borders of the EU are facing tremendous pressure in terms of accepting the illegally entering populations, consequently leading to overheated asylum seeking systems and lack of space in refugee camps. The extreme situation has led to closing borders and increasing border controls, and letting the refugees pass through without legal supervision and fingerprinting as required by the Dublin III regulation, eventually leading to refugees to relying on other means in order to enter Europe 40 . However, if eventually managing to leave their country, the fleeing populations face challenges when reaching the European soil. The treatment of asylum seekers varies a lot between Member States, due to different laws and practices. As the Dublin III regulation states, a refugee must claim asylum in the Member State he or she arrives first. This builds pressure on Southern states such as Italy, Spain and Greece that share the coast with the Mediterranean Sea, leaving them in charge of masses of fleeing populations due to their geographic location. Such countries are yet to recover from the economic crisis and thus, lack the resources to deal with larger numbers of refugees. Simultaneously, the Central and Northern Europe are left with less pressure from influx of refugees. Reaching Europe legally is only through obtaining visa in one’s home country and flying to Europe; this expensive process takes time, thus many choose the illegal measures under the pressure in their home countries. 38
UNHCR. (2016). Refugee Numbers. Retrieved from: http://www.unhcr.org/55e06a5b6.html UNHCR (2016). Refugees/Migrants Emergency Response. Retrieved from: http://data.unhcr.org/mediterranean/regional.php 40 The Guardian (2016). Hungary rejects all asylum applications made at the border. Retrieved from: https://www.theguardian.com/world/live/2015/sep/15/refugee-‐crisis-‐hungary-‐launches-‐border-‐crackdown-‐live-‐updates#block-‐ 55f8272de4b0a1e0c6190349 39
2) KEY TERMS Common European Asylum System (CEAS) -‐ in the EU, an area of open borders and freedom of movement, countries share the same fundamental values and states need to have a joint approach to guarantee high standards of protection for refugees. Procedures must at the same time be fair and effective throughout the EU and impervious to abuse. With this in mind, the EU Member States have committed to establishing a CEAS, aiming to ensure the protection of refugees’ rights under international law and the access to asylum procedures41. Asylum shopping -‐ a term used to describe the practice by asylum seekers of applying for asylum in several states or seeking to apply in a particular state after transiting other states. Orbiting refugees -‐ refers to asylum seekers unable to find a state willing to examine their application, leaving such individuals in a limbo of not being part of any system in the Europe. Human trafficking -‐ the recruitment, transportation, transfer, harbouring or receipt of persons by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Migrant -‐ a person who moves to another place to find work and/or better living conditions Refugee -‐ a person forced to leave his country to evade war, persecution or natural disaster Asylum seeker -‐ a person who has left their home country as a refugee and is seeking asylum in another Illegal migrant -‐ a person who migrates across national borders in a way that it violates the immigration laws of the destined country Economic migrant -‐ a person who travels from one country to another in order to find a better standard of living 3) KEY CONFLICTS AND STAKEHOLDERS One of the main problems revolves around the weak implementation of Dublin III regulations; for instance, the rule binding asylum applications to the Member State a refugee first arrives in is not properly followed. Its original point was to prevent orbiting refugees and asylum shopping. However, the regulation contradicts with the Schengen Agreement stating that once a refugee arrives in a Schengen country, he or she may move freely in Schengen, hence enabling refugees to orbit and apply for asylum in more than one Member State, leaving the situation rather chaotic. 41
European Commission. (2016). Common European Asylum System. Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐ do/policies/asylum/index_en.htm
The intake of refugees varies among Member States. So far, Germany has approved most asylum seekers’ applications with accepting 21% of their applications, followed by Sweden with 15%42. Germany issued the most first instance decisions in 2016 with a total of 138 900 decisions, followed by Italy with 23 10043. More and more refugees try to continue to another state from their receiving country in order to reach countries such as Germany or Austria due to higher living standards, leading to rising conflicts in countries experiencing high influx such as Czech Republic, which has in the past been a bit uncertain about receiving refugees and also opposed the binding quotas. Additionally, countries overloaded by arrivals like Greece, Italy and Croatia have been accused of letting the refugees pass through44 without properly processing their applications. This has lead to an unfair distribution of refugees between Member States, with some states being more welcoming towards the refugees such as Germany, while British citizens are considered as the least welcoming45. The growing right wing extremism in Europe has formulated into a large problem. Vocalised anti-‐immigrant attitudes, regular demonstrations against accepting more refugees, acts of hatred such as burning down reception centers and the growing support for anti-‐immigrant parties such as the alternative for Germany (AFD) or the Sweden Democrats has furthered the growing hatred in the native population towards refugees. This in turn, has encouraged acts of stigmatization and segregation in hosting countries. Furthermore, the process of getting an asylum approved is very complex and time consuming, thus leading to arriving refugees facing years of waiting in order to get a residence permit. During this waiting period they can only work within certain limits depending on the hosting country, thus leading to compromised chances of integration46. The European Commission (EC) is the executive body and therefore the main decision maker concerning the situation, especially in terms of intake and distribution of the refugees in Europe; in general, they coordinate and supervise the implementation of legislations and decisions, as well as the EU treaties. Through the European Agenda on Migration the EC aims to reduce the amount of deaths of refugees at the borders of the EU, simultaneously also funding Frontex for joint search and rescue operations, as well as safe and legal resettlement of the people in Europe47. The main function of Frontex48 aims for detection of human trafficking, illegal immigration and terrorist activity through the cooperation between national border guards to secure the external borders of the EU. In April 2016, the EC announced 83 million euros worth of humanitarian funding to offer further support for refugees in Greece. The EU Civil Protection Mechanism aids Member States and neighbouring countries during peaks of the refugee crisis with the immediate delivery of material which those countries lack in such situations49. The Member States have differing asylum policies and differing opinions on how and how many refugees they should each receive. Germany for example, aims at taking in many refugees 42
Eurostat. (2015). “Asylum Statistics”. Retrieved from: http://ec.europa.eu/eurostat/statistics-‐explained/index.php/Asylum_statistics Eurostat. (2016). “Asylum quarterly report”. Retrieved from: http://ec.europa.eu/eurostat/statistics-‐ explained/index.php/Asylum_quarterly_report#cite_note-‐4 44 BBC News. (2016). “Refugee Struggles in Europe”. Retrieved from: http://www.bbc.com/news/world-‐europe-‐24583286 45 Independent. (2016). “Welcome Refugees?”. Retrieved from: http://www.independent.co.uk/news/uk/home-‐news/british-‐public-‐ among-‐least-‐welcoming-‐in-‐ europe-‐towards-‐refugees-‐survey-‐says-‐a6775746.html 46 Deutsche Welle (2016). “How to apply for asylum”. Retrieved from: http://www.dw.com/en/top-‐stories/s-‐9097 47 European Commission. (2016). “European Agenda on Migration”. Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐ do/policies/european-‐agenda-‐migration/index_en.htm 48 Frontex. (2016). “Missions and tasks.” Retrieved from: http://frontex.europa.eu/about-‐frontex/mission-‐and-‐tasks/ 49 European Commission. (2016). “Refugee Crisis in Europe”. Retrieved from: http://ec.europa.eu/echo/refugee-‐crisis_en 43
who fled their country due to civil wars, but at the same time has been active in deporting economic migrants back to their home country; especially those from South-‐eastern Europe and Northern Africa50. The UN refugee agency (UNHCR) puts out data about refugee numbers and aims to lead and coordinate international action to safeguard refugees and settle refugee problems worldwide. It strives to protect the refugees’ rights and well-‐ being and to ensure that everyone can exercise the right to seek asylum and find sanctuary in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help stateless people51.
4) EXISTING MEASURE AND CURRENT LEGISLATION The Common European Asylum System (CEAS) sets the umbrella framework for most of the regulations and directives guiding the refugee’s treatment once they arrive in Europe. The Asylum Procedures Directive ensures that the process of applying for asylum is similar throughout the entire EU. Through the Eurodac Regulation the fingerprints of every applicant are taken and sent to the Eurodac database in order to avoid multiple applications and to identify the country which is in charge of the application to support the Dublin III regulations. These EU’s legal actions aim for fair reception and treatment of refugees in its Member States, simultaneously preventing an asylum seeker from applying to more than one Member State; under arrival to any EU country, the asylum seeker is legally required to apply to that particular Member State and regardless of the decision, is not allowed to apply elsewhere. Additionally, asylum applicants have the right to receive material reception conditions such as housing and food through the Reception Conditions Directive. Every asylum applicant has to be interviewed by a case worker trained in EU law with the support of an interpreter in order to clarify if he/she may receive the refugee status or subsidiary protection through the Qualification Directive. This directive also gives the asylum applicant certain rights once the refugee or subsidiary protection status has been obtained to things such as access to the labour market, residence permit and healthcare52. One of the most recent developments, EU-‐ Turkey Agreement, issued in November 2015, aims to regulate the irregular migration from Turkey to the EU which also contains clauses such as “For every Syrian being returned to Turkey from the Greek islands, another Syrian will be resettled to the EU”53. Lastly, the latest EC negotiated resettlement plan proposes to relocate 160,000 refugees in clear need of international protection in the coming two years from Greece, Italy and other Member States directly affected by the refugee crisis in the upcoming two years54. Additionally, the discussions about the resettlement of Syrian refugees from Turkey to the EU is ongoing as a part of the EU-‐Turkey 50
Independent. (2016). “Germany deporting economic migrants”. Retrieved from: http://www.independent.co.uk/news/world/europe/germany-‐to-‐fast-‐track-‐deportations-‐of-‐eco nomic-‐migrants-‐so-‐it-‐can-‐accept-‐more-‐ refugees-‐a6707096.html 51 UNHCR. (2016). Definition of the work of the UNHCR. Retrieved from: http://www.unhcr.org/pages/49c3646c2.html 52
European Commission. (2016). “A Common European Asylum System”. Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/e-‐ library/docs/ceas-‐fact-‐sheets/ceas_factsheet_en.pdf 53 European Commission. (2016). “EU-‐Turkey Agreement”. Retrieved from: http://europa.eu/rapid/press-‐release_MEMO-‐16-‐ 963_en.htm 54 European Commission. (2016). “Latest Refugee Resettlement Plan”. Retrieved from: http://europa.eu/rapid/press-‐ release_STATEMENT-‐15-‐5697_en.htm
Agreement. A temporary solution option is the European Humanitarian Visa (EHV) granting safe and legal passages to Europe; this however, is only possible to get it if the applicant is on EU territory and placed an asylum request. The EHV basically has not been made of use a lot due to the fact that the EU is "heavily guarded". 5) KEY QUESTIONS AND FURTHER READING -‐ How could the legal framework be revised in order to ensure a sufficient burden sharing amongst Member States, whilst keeping in mind the Schengen principle? -‐ What can the EU do to ensure a fair distribution and treatment of refugees while bearing in mind the Dublin III regulations? -‐ How can the EU combat the growing right wing extremism to help refugees better integrate into their new hosting country? -‐ How can the EU reform the asylum policies to make the asylum-‐approval process faster without threatening Member State’s sovereignty? FURTHER READING European Commission. (2014). “Common European Asylum System”. http://ec.europa.eu/dgs/home-‐affairs/e-‐ library/docs/ceas-‐fact-‐sheets/ceas_factsheet_en.pdf ____________________
YouTube. (2015). “European Refugee Crisis and Syria Explained”. https://www.youtube.com/watch?v=RvOnXh3NN9w UNHCR. (2016). “Refugee stories”. http://stories.unhcr.org Citizens Information Board. (2016). “Dublin III regulations explained”. http://www.citizensinformation.ie/en/moving_country/asylum_seekers_and_refugees/the_asylum_process_in_i reland/dublin_convention.html Last Week Tonight with John Oliver. “Migrants and Refugees”. https://www.youtube.com/watch?v=umqvYhb3wf4
COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS – ECON As the Eurozone Crisis revealed the unsustainability of the European Monetary Union, the latest measures adopted by the European Commission are to set the EU on the path to completing Europe’s Economic and Monetary Union. How should the EU long-‐term measures to be restructured in order to strengthen the Euro currency and help to integrate Europe economically? By Emiljo Jazxhi (AL) and Ioanna Droussiotou (CY) ____________________________________________________________________________________________ 1) CONTEXUALISATION AND RELEVANCE OF THE TOPIC Since its introduction in 1999, the euro has established itself as a major international currency, only second to the dollar55. Although the euro area went through a crisis, the euro itself as a currency has been estimated to be a success. The financial crisis in 2008 revealed the dire state of the economy of some European Union (EU) Member States which had been long accumulating large private and public debts, macroeconomic imbalances, and generally a loss in their competitiveness in the market, as was the case with Greece, Spain and Italy. While the impact of the crisis was different amongst Member States in time span and effectiveness of post-‐austerity measures, it did put into question the sustainability of the existing currency union. Deeper economic and fiscal integration has been on the forefront of the agenda of the European Commission ever since the crisis. The Eurozone is the outcome of persistent economic and fiscal integration of countries, which eventually adopted a common currency and a common monetary policy. In the third stage of the European Monetary Union (EMU), else the Eurozone, 19 Member States have decided to participate by reaching a certain set of convergence criteria, and later adopting the euro as their currency. These Member States are not in a position to decide fully independently on their monetary policy: decisions regarding the monetary policy of the euro area are taken by the European Central Bank (ECB) in collaboration with the National Central Banks (NCBs) of the EU.
On the path to convergence, and economic and fiscal integration, the Euro Summit of October, 2014 saw the European Council and the Commission calling for more work on closer coordination on economic policies, convergence and solidarity in the monetary union56. The most recent gathering of the Five Presidents produced a report in which they outlined the steps towards completing the EMU57; the report puts emphasis on the need of the Member States to be able to absorb shocks internally through sound national fiscal policies conducted in accordance to the pacts signed for the short term. In the long-‐term, upon serious steps towards convergence of
European Commission. (2016). “The Euro in the world”. Retrieved from : http://ec.europa.eu/economy_finance/euro/world/index_en.htm 56 EurActiv.com. (2014). “France and Italy promise to reform, EU leaders vow closer economic coordination”. Retrieved from: http://www.euractiv.com/section/eu-‐priorities-‐2020/news/france-‐and-‐italy-‐promise-‐to-‐reform-‐eu-‐leaders-‐vow-‐closer-‐economic-‐ coordination/ 57 European Commission (2016). “Completing Europe’s Economic and Monetary Union”. Retrieved from: https://ec.europa.eu/priorities/sites/beta-‐political/files/5-‐presidents-‐report_en.pdf 55
their economies and social cohesion, Member States that have fulfilled convergence requirements could partake in a shock absorption mechanism for the euro area. For all economies to be able to fully reap the benefits of their membership in the euro area, they also need to be able to share the impact of shocks through risk-‐sharing within the EMU, a prerequisite for an economic union to function properly. This is difficult to put in practice due to a huge reluctance amongst Member States to share the economic burden of others. On another front, the deepening of the Single Market in other fields of the economy (i.e digital economy) is seen as an alternative step in enhancing the cooperation amongst states and soothing the problems caused by the lack of real and economic convergence that still exists. On this point, there is agreement that only more convergence will allow the monetary union to function as inteded58. 2) KEY TERMS Macroeconomic imbalances -‐ occur when the economic performances of individual states strongly diverge from the majority of states, either positively or negatively. These imbalances could be identified through major differences in indicators such as employment rates, inflation, labour costs, private and public debt. The debate about convergence in the EMU makes use of the 2 concepts below: • Real convergence refers to the convergence in living standards between different countries. • Cyclical convergence refers to business cycle convergence. Business cycles are fluctuations in aggregate economic activity. They are typically closely tracked by the inflation rate. During booms, inflation increases, and during recessions it decreases. Business cycle synchronisation occurs when countries move simultaneously through upswings and downswings. Monetary policy -‐ a policy stating the ECB controls money supply and interest rates with the aim of ensuring price stability and general trust in the currency59. Fiscal union -‐ the integration of the fiscal policies of several countries. In such union, decisions about fiscal policies such as revenue collection (tax rates) and expenditure, are met by common institutions. Fiscal compact -‐ in an attempt to prevent EU countries from gaining further debts, the majority of the EU countries signed a fiscal compact in 2012, opening up their domestic budgets to collective scrutiny, reinforcing the previously signed Stability and Growth Pact (SGP); government deficit must not exceed 3% of GDP and public debt must not exceed 60% of GDP. It also includes the preventive and corrective arm, i.e. the Excessive Deficit Procedure (EDP), which applies to Member States that have breached either the deficit or the debt criterion. 58
European Central Bank. (2015). “Real Convergence in the Euro Area: Evidence, Theory and Policy Implications”. Economic Bulletin Issue No. 5: 30-‐45. 59 European Central Bank: Eurosystem (2016). “Monetary Policy”. Retrieved from: https://www.ecb.europa.eu/mopo/html/index.en.html
3) KEY CONFLICTS AND STAKEHOLDERS The euro area is the outcome of gradual economic and fiscal integration in the Member States, which eventually adopted a common currency and a monetary policy. In the third stage of the EMU, else the Eurozone, 19 Member States have decided to participate by reaching a certain set of convergence criteria, and later adopting the euro as their currency. This consequently means the Member States are not in a position to decide fully independently on their monetary policy; the decisions regarding monetary policy of the euro area are taken by the European Central Bank (ECB)60 in collaboration with the National Central Banks (NCBs)61 of the EU. The ECB sets the base rate at which it lends money to NCBs, and which are expected to offer similar, if not the same, rates to commercial banks. It is to be noted however that due to the economic crisis and risk of deflation since 2014, the base rate in March 2016 has been set at 0%, meaning there is not much scope for individual Member States to divert much from such a low base rate and hence find themselves unable to use monetary policy as a tool to adjust to macroeconomic shocks or to attract foreign capital. Yet, not all Member States are on the same stages of business cycles, thus causing a lack of cyclical convergence within the euro area. This translates into several Member States experiencing trade surpluses over a longer period while several other experience trade deficits once the prices in the global markets change. Even though they share the same currency, the euro area countries are affected differently by external macroeconomic shocks merely due to the fact that the structures of their economies vary substantially: a major example being Germany which has a huge manufacturing base as opposed to countries like Cyprus, where tourism represents the biggest source of income. The European Commission coordinates the fiscal policies of EU Member States by introducing measures such as the Stability and Growth Pact (SGP)62, aiming at coordinating all Member States’ fiscal policies and ensuring sound public finances. The implementation of this has proven to be challenging, as has been the case with Greece and the compulsory implementation of austerity measures in 2012; the government had to obey the rules of higher taxes and lower government spending and had no authority to divert from these measures. Furthermore, a common monetary policy is often found to entail many flaws as at times of high growth for example, countries whose aggregate demand is mostly composed of consumer spending would need to increase their interest rates to prevent inflation, and vice versa at times of slow growth. The challenges experienced in the eurozone are largely due to the experimental nature of the monetary union that has not existed in such vast extents before; the EU aims for constant development and learning-‐curve in its economic cooperation. 60
European Central Bank (2016). “Organisation”. Retrieved from: https://www.ecb.europa.eu/ecb/orga/html/index.en.html European Central Bank. (2016). “National Central Banks”. Retrieved from: https://www.ecb.europa.eu/paym/t2s/stakeholders/ncb/html/index.en.html 62 EC.Europa: European Commission (2016). “Stability and Growth Pact”. Retrieved from: http://ec.europa.eu/economy_finance/economic_governance/sgp/index_en.htm 61
4) EXISTING MEASURES AND CURRENT LEGISLATION The Economic Governance Framework63 aims to detect, prevent, and correct problematic economic trends such as excessive government deficits or high public debt levels, which could harm European economies. The framework is based on a set of rules to which Member States have to abide in order to ensure coordinated fiscal policies and sound public finances. Member States are hereby required to share their budgetary targets over the medium term. Medium-‐Term Budgetary Objectives (MTOs)64 are a set of preventive measures, yet their effectiveness has been questioned as the parameters for fiscal planning are decided during the ‘normal economic times’ and any potential macroeconomic shocks cannot be predicted with a high degree of accuracy. Complementary to this, the Macroeconomic Imbalance Procedures (MIP)65 is a mechanism used to detect and address economic trends that may adversely affect the economies of a Member State, the euro area, or the EU. By identifying potential risks early on, it aims to prevent macroeconomic imbalances and correct imbalances already in place. If a Member State’s economy is experiencing excessive budget deficits, the Corrective Arm of the SGP comes into play and the respective country is to go through the Excessive Debt Procedure (EDP), attempting to correct these deficits. Similarly, if the alert mechanism reports of the MIP identify macroeconomic imbalances, a Member State undergoes the Excessive Imbalance Procedure. In the end, countries that disrespect the SGP’s preventive and corrective rules, or that fail to address persisting economic imbalances face sanctions if proposed by the Commission. The European Stability Mechanism (ESM)66 was established as a crisis resolution mechanism in 2012 for countries of the euro area. Its task is to issue debt instruments that finance loans and other forms of financial assistance to euro area Member States. The Banking Union67 was established in 2014 with the aim of ensuring the safety and reliability of the banking sector in the euro area, and that non-‐viable banks are resolved without recourse to taxpayers’ money and minimal impact on the real economy. One of the newest systems of the banking supervision, the Single Supervisory Mechanism (SSM), is one of the two pillars of the banking union, comprising of the ECB and national supervisory authorities that supervise the largest banks in the EU. Its main function is consistent supervision through the aims of ensuring the safety and soundness of European banking system, increased financial integration and stability68. 63
EC.Europa: European Commission. (2016). “EU economic governance”. Retrieved from: http://ec.europa.eu/economy_finance/economic_governance/index_en.htm 64 EC.Europa: European Commission. (2016). “The preventive arm”. Retrieved from: http://ec.europa.eu/economy_finance/economic_gvernance/sgp/preventive_arm/index_en.htm 65 European Commission (2016). “Macroeconomic Imbalance Procedure”. Retrieved from: http://ec.europa.eu/economy_finance/economic_governance/macroeconomic_imbalance_procedure/index_en.htm 66 Esm.Europa.eu. (2016). “European Stability Mechanism”. Retrieved from: http://www.esm.europa.eu/ 67 Ec.Europa: European Commission. (2016). “Banking union”. Retrieved from: http://ec.europa.eu/finance/general-‐policy/banking-‐ union/index_en.htm 68 European Central Bank. (2016). “Banking Supervision: Single Supervision Mechanism”. Retrieved from: https://www.bankingsupervision.europa.eu/about/thessm/html/index.en.html
5) KEY QUESTIONS AND FURTHER READING -‐How could the eurozone countries enhance their cooperation in order to sufficiently converge their economies so to allow the same structural and cyclical phases? -‐To what extent should a newly harmonized system accommodate a Member State’s requests for flexibility in economic policies? -‐Bearing in mind the final outcome of the 5 Presidents’ report, the political union, to which extent should the Member States undergo such policy harmonization and convergence of economies? FURTHER READING Ec.Europa. (2016). “Stability and Convergence Programmes”. http://ec.europa.eu/economy_finance/economic_governance/sgp/convergence/index_en.htm European Central Bank. (2016). “Explaining the Single Supervisory Mechanism”. https://www.bankingsupervision.europa.eu/about/thessm/html/index.en.html European Central Bank. (2016). “Real convergence in the euro area: evidence, theory and policy implications”. https://www.ecb.europa.eu/pub/pdf/other/eb201505_article01.en.pdf CEPR Policy Portal. (2015). “Three waves of convergence. Can Eurozone countries start growing together again?” http://voxeu.org/article/types-‐ez-‐convergence-‐nominal-‐real-‐and-‐structural D’Elia, Angela: European Commission (2014). “Presentation on the preventive arm of the SGP”. http://igees.gov.ie/wp-‐content/uploads/2014/12/The-‐preventive-‐arm-‐SGP.pdf Jacques Delors Institute. (2016). “Why the Eurozone can’t agree on convergence and how structural reforms can help”. Policy Paper. http://www.delorsinstitut.de/2015/wp-‐content/uploads/2016/05/ConvergenceEuroArea-‐BrinkeEnderleinHaas-‐ JDIB-‐May16.pdf YouTube. “Challenges of the European Monetary Union: Sovereign Debt Crisis and the Stability and Growth Pact”. https://www.youtube.com/watch?v=-‐VLImwEKIgI
COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY – ENVI Finding a common ground in the energy market: with COP21 highlighting the urgency for action, how can the EU ensure energy independence whilst maintaining an affordable, sustainable and efficient energy supply? By Georgie Alexandrou (CY) & Orfanakos Panos (GR) ____________________________________________________________________________________________ 1) CONTEXTUALISATION AND RELEVANCE OF THE TOPIC Climate change, a global phenomenon, is bringing energy dependence to the forefront of the political debate. Due to the great risk brought by climate change, the United Nations Framework Convention on Climate Change (UNFCCC) has put together the COP21 agreement69, else called the Paris agreement, a legally binding global climate deal, aimed to enter in force in 202070. The European Union (EU) accounts as the largest energy importing regions in the world with 20% of all imports being related to energy. Next to that, the EU imports at least 53% of all the energy it consumes, costing it over €1 billion per day71. More specifically, the EU has to import 90% of its crude oil and 66% of the natural gas needed for energy sufficiency. EU is dependent on countries such as Russia and Norway, which together supply over 50% of its natural gas and 40% of its oil imports72. As it is apparent, the EU is reliant on an ample energy supply that must be imported to ensure its prosperity and production. Apart from energy trade with third countries, the EU has established a legal framework to facilitate its energy internal market73 in order to regulate and supervise market access, transparency and regulation, consumer protection and ensure adequate levels of supply among Member States. To promote the change to a more secure, affordable and decarbonised energy supply, the EU endorsed climate and energy goals for 2020 and 2030 along with a long-‐term goal to reduce EU-‐wide greenhouse gas (GHG) emissions by 80–95% by 205074, which is below 1990 levels (European Council, 2009). To achieve these objectives, measures such as switching to low-‐carbon energy sources by increasing Renewable Energy Sources (RES) accompanied with lifestyle changes are required. The 20 % EU RES target for 2020 is divided into binding
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COP21 UN Climate Change Conference, Paris (2016). Retrieved from: http://ec.europa.eu/priorities/energy-‐union-‐and-‐ climate/climate-‐action-‐emission-‐reduction/cop21-‐un-‐climate-‐change-‐conference-‐paris_en 70 Paris Agreement -‐ European Commission. (2016). Ec.europa.eu. Retrieved 5th July 2016, from http://ec.europa.eu/clima/policies/international/negotiations/paris/index_en.htm 71 European Commission (2016) -‐ Retrieved from: https://ec.europa.eu/energy/en/topics/imports-‐and-‐secure-‐supplies 72 European Commission (2016) -‐ Retrieved 5th July, from https://ec.europa.eu/energy/en/node/11 73 Fact Sheets on the EU: Internal Energy Market, Retrieved 5th July, from http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.7.2.html 74 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16–62).
national targets75. These targets vary among Member States so as to be adapted to the existing situation on a national level. Each target and the current RES % is shown below in the graph.
2) KEY TERMS Renewable Energy is generally defined as energy that is collected from resources which are naturally replenished on a human timescale, such as sunlight, wind, rain, tides, waves and geothermal heat. Renewable energy often provides energy in four important areas: electricity generation, air and water heating/cooling, transportation and rural energy services. Greenhouse Gas is a gas in the atmosphere that absorbs and emits radiation within the thermal infrared range. This process is the fundamental cause of the Greenhouse effect becoming more severe since the beginning of the Industrial Revolution through human activities with an increase in the atmospheric concentration of carbon dioxide. Energy Dependency refers to the fact that the EU is dependent on energy that sustains day to day life, produced and imported from outside of the union. The energy is supplied from third countries such as Norway, Russia and 75
Renewable energy in Europe 2016, EEA Report No 4/2016. Retrieved from: Renewable energy in Europe 2016 -‐ European Environment Agency
Australia and then used to sustain our economy within the EU. Energy security refers to “the uninterrupted availability of energy sources at an affordable price”76. Energy security focuses on the ability of the energy system to react quickly to rapid changes within the supply-‐demand balance. Lack of energy security is ergo linked to negative economic and social impacts due to either physical unavailability of energy, or prices that are not competitive77. For instance, if a deal is broken or; a country refuses to sell energy to the EU, or if a natural disaster were to affect trade, the EU would not be able to make up for the loss. This could result in an energy crisis for some Member States. Energy security poises to address these issues presumptively so a crisis could be avoided. Energy Union -‐ In February 2015 the European Commission adopted a “Framework Strategy for a Resilient Energy Union with a Forward-‐Looking Climate Change Policy”. The new strategy document outlines the Commission’s ambition to attain “secure, sustainable, competitive, affordable energy for every European”. The initiative seeks to transform energy markets and energy/climate policy across the EU. Among other things, the Energy Union is intended to facilitate cross-‐border coordination and integration in energy security, trade, regulation and efficiency, as well as in low-‐carbon development and research and innovation78. 3) KEY CONFLICTS AND STAKEHOLDERS The dependency on energy imports poses a large security risk as the energy supply of many countries, in particular Eastern European countries, is dependent on energy imports such as Russian gas79. If however international relations between the EU and Russia are to worsen and the gas supply is cut off, these countries would be negatively affected without alternatives to look to. This makes the EU vulnerable to Russian decisions on its supply of hydrocarbons to Europe. National Oil Companies (NOCs) are often driven by ‘governmentally mandated objectives’, which is to say that they are not solely pursuing economic benefits, as private sector companies are striving for in the energy market. Instead of that, NOCs are often used by governments to serve foreign policy goals since their economic sustainability is state ensured. As the Energy Union aims for a creation of internal energy market to boost the energy competitiveness and to avoid the establishment of monopolies among energy suppliers, many energy companies have been active in lobbying against such common market. For instance companies such as Gazprom and Shell dominate the energy market, thus fighting against the establishment of energy union that would leave room for smaller companies to compete on the market. NOCs make up for 75% of global oil production and thus
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International Energy Agency (IEA) (2016). “What is Energy Security?”. Retrieved from: https://www.iea.org/topics/energysecurity/subtopics/whatisenergysecurity/ 77 International Energy Agency (IEA) (2016). “What is Energy Security?”. Retrieved from: https://www.iea.org/topics/energysecurity/subtopics/whatisenergysecurity/ 78 European Commission (2015), “Energy Union: secure, sustainable, competitive, affordable energy for every European”, press release, Brussels, 25 February 2015, Retrieved from: http://europa.eu/rapid/press-‐release_IP-‐15-‐4497_en.htm 79 European Commission (2016) -‐ Retrieved 5th July, from https://ec.europa.eu/energy/en/node/11
similarly would not appreciate creation of internal energy markets as they could lose market share80. The current system also prevents more expensive, small RES companies from entering the markets81. Europe’s energy reliance problem stems from the simple fact that Europe does not produce as much energy domestically as it consumes. The energy produced differs largely between Member States due to numerous variables such as political leadership, geographic features and constituency demands82. Moreover, renewable resources are still largely energy inefficient and expensive, thus promoting RES is still not economically or energetically favourable. Solving these conflicts through increased energy efficiency and RES may seem enticing, however they still implicate energy-‐taxes and costly technologies in the short term. In October 2008, the European employer’s organisation Business Europe voiced its concern that Europe’s measures to promote sustainable industrial growth would not be followed by parallel measures in non-‐European economies83. The introduction of new legislation brings fears that sectors which are exposed to international competition, may face a decrease in competitiveness. Subsequently, this could lead to an outflow of investments and lower employment levels84. 4) EXISTING MEASURES AND CURRENT LEGISLATION In international energy policies, the responsibility over external dimension and interaction with foreign actors is upon the European Commission, in cooperation with Federica Mogherini, the High Representative for Foreign Affairs and the European Parliament’s respective committees85. Looking at the national aspect, the Member States have power to decide upon their national energy policies and energy issues as energy falls under a shared competence within the EU. COP21 aims for efforts of restraining and cutting down the effects of climate change, simultaneously helping to strive for innovation in renewable energies86. The 2050 Energy Strategy explores the transition of the energy system in ways that would be compatible with this greenhouse gas reductions target while also increasing competitiveness and security of supply. In order to achieve the long term 2050 goal, prior goals for the short term must have been met. 2030 climate & energy framework contains a binding target to cut emissions in EU territory by at least 40% below 1990 levels by 2030. It builds on the 2020 climate and energy package and thus 80
WorldBank, (2010) Retrieved From: http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTOGMC/0,,contentMDK:21991336~pagePK:148956~piPK:216618~theSitePK:3 36930,00.html 81 European Council (2015). “European Council Conclusions on the Energy Union”. Retrieved from: http:// www.consilium.europa.eu/en/press/press-‐releases/2015/03/conclusions-‐energy-‐european-‐council-‐march-‐2015/ 82 Garber, Emily (2014). “The Dangers of EU Energy Dependency”. Retrieved from: http://www.worldpolicy.org/node/6003 83 Borloo, Jean-‐Louis (2008). Retrieved from: https://www.businesseurope.eu/sites/buseur/files/media/imported/2008-‐01822-‐E.pdf 84 Elmar Hellendoorn (2009). “External problems for Europe’s energy policy – A brief geopolitical analysis”. Retrieved from: http://www.exploringgeopolitics.org/publication_hellendoorn_elmar_external_problems_europe_energy_policy_geopolitical_analysis/ 85 European Commission (2016). “About the Directorate General for Energy”. Retrieved from: https://ec.europa.eu/energy/en/about-‐us 86 European Commission (2016). “Paris Agreement”. Retrieved from: http://ec.europa.eu/clima/policies/international/negotiations/paris/index_en.htm
helps to build up the 2050 ambitious target87. The internal energy market comprises of three consecutive legislative packages of measures88, which were adopted between 1996 and 2009, addressing market access, transparency and regulation, consumer protection, supporting interconnection, and adequate levels of supply. Furthermore, investments in better energy interconnectivity, such as the two recently green-‐lit projects in the UK, are evident. Once operational the UK’s national grid will be connected to Norway and Belgium, allowing the UK to import and export its energy to the mentioned countries at free will89. The European Commission wants countries to achieve 10% of installed capacity available through interconnection by 2020 – a figure rising to 15% by 2030. 5) KEY QUESTIONS AND FURTHER READING -‐ How can the EU increase its energy production levels in a sustainable and economic way, simultaneously keeping in mind 20-‐goals of greener energy supply? -‐ How can the EU promote further investment and development in RES and energy efficiency to its Member States? -‐ How can the EU decrease its energy consumption level through lifestyle changes such as transport and consumption patterns in order to minimise the gap between its energy consumption and production levels? -‐ What measures can the EU take to promote and support a shift towards greener, yet more self-‐sustaining energy alternatives? FURTHER READING European Commission. (2015). “EU Energy in Figures”. https://ec.europa.eu/energy/sites/ener/files/documents/PocketBook_ENERGY_2015%20PDF%20final.pdf Framework Convention on Climate Change. (2015). “Paris Agreement”. http://unfccc.int/resource/docs/2015/cop21/eng/l09r01.pdf European Commission (2016). “Imports and secure supplies: Diverse, affordable, and reliable energy from abroad”. https://ec.europa.eu/energy/en/topics/imports-‐and-‐secure-‐supplies Wsws.org. (2016). “European Union pushes for energy independence from Russia”. https://www.wsws.org/en/articles/2016/02/17/nord-‐f17.html 87
European Commission (2016). “2030 Climate and Energy Framework”. Retrieved from: http://ec.europa.eu/clima/policies/strategies/2030/index_en.htm 88 European Parliament (2016). “Internal energy market: EU fact sheets”. Retrieved from http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.7.2.html 89 Kushal (2015). “An Interconnected Future for Europe?” National Grid. Retrieved from: http://www.nationalgridconnecting.com/an-‐ interconnected-‐future-‐for-‐europe/
Youngs, R. (2016). “Oil Companies and the EU’s External Energy Policies” http://fride.org/download/COM_Oil_External_energy_UE_ENG_sep08.pdf
COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY – ITRE At present, markets are largely domestic in terms of online services and only 7% of EU small-‐ and medium-‐sized enterprises sell across borders. How can the EU further regulate e-‐commerce while ensuring that consumers and businesses across the EU can reap the full benefits of a Digital Single Market? By Agni Papageorgiou (CY) & Jakob Gutschlhofer (AT) 1) CONTEXUALISATION AND RELEVANCE OF THE TOPIC Right now the European Single Market (DSM) exists in the real world, but not in the digital one. The European Parliament (EP) and the European Council (EC) reached an agreement to abolish roaming charges by June 2017 and established the principle of net neutrality90 within European law. Unjustified geo-‐blocking has prevented consumers and businesses from taking full advantage of cross border e-‐commerce and net neutrality laws force companies to treat all delivered contact equally. The EC has set the completion of the DSM as one of its 10 priorities. Not only will this stem innovation, but it is also estimated that if businesses lacking digitalisation would double their intensity, Europe could add €2.5 trillion to its GDP by 202591. The DSM is built on three pillars with the first two pillars being about separating a single market from the mass of markets and the third pillar aims at maximizing the growth potential. The EC aims to improve the quality and simplify the use of digital means to improve trade within the EU Member States. This requires investment in Information and Communication Technology (ICT) infrastructures, such as cloud computing and big data, research and innovation to boost industrial competitiveness and an inclusive society, with improved public services and better digital skills for citizens. The Commission’s overall goal with the DSM is to maximize the benefits from digital technologies in every economic sector in Europe, from the primary sector, to manufacturing, services and knowledge based sectors. It is estimated that the DSM will result in annual gains of €415 billion to the EU economy as well as the creation of hundreds of thousands of new jobs across the EU benefiting not only the unemployed but the economy as a whole92. 2) KEY TERMS Information and communications technology (ICT) -‐ an umbrella term, basically including all communication through any technological devices. 90
The concept that broadband Internet service providers should provide non-‐discriminatory access to Internet content, platforms, etc., and should not manipulate the transfer of data regardless of its source or destination. 91 McKinsey&Company. (2016). “Digital Europe: Realizing the continent’s potential”. Retrieved from: http://www.mckinsey.com/business-‐functions/digital-‐mcKinsey/our-‐insights/digital-‐europe-‐realizing-‐the-‐continents-‐ potential?cid=other-‐eml-‐alt-‐mip-‐mgi-‐oth-‐1607 92 European Commission. (2016). “Digital Single Market for business and consumers”. Retrieved from: http://ec.europa.eu/growth/single-‐market/digital/
Digital Single Market (DSM) -‐ the strategy adopted on the 6th of May 2015, aiming to open up digital opportunities for citizens and businesses and ensure that Europe maintains its high position in the digital economy. Small and medium-‐sized enterprises (SMEs) -‐ businesses or companies whose personnel number falls below certain limits including a staff head-‐count of below 25093. E-‐Commerce -‐ the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network, primarily the Internet94. 3) KEY CONFLICTS AND STAKEHOLDERS Even though citizens of the Member States are becoming more familiar with the use of digital applications, they are still far from extracting all the advantages that an e-‐society has to offer due to the general lack of digital literacy. This issue amongst others are tackled by the European Commission Directorate General for Communications Networks, Content & Technology (DG CONNECT) as it manages the Digital Agenda of the EU and works for the Project Team of the DSM to set the goals for achieving the DSM and proposes methods used to achieve those goals95. Considering the already existing European Single Market, the situation with offline trade is simple: potential customers just walk into the store and can see, feel and sometimes try out the products they want to buy. While trading online that is not possible; consumers can view images of products, yet cannot try them out or look at them in real life. Due to obvious differences between these two types of trade, both businesses and consumers apply caution due to rules on contracts, consumer protection and international shipping costs which often exceed the worth of the shipped product. Currently, e-‐commerce is mainly regulated by the Member States individually. If the EU decides to further regulate in this field, steps need to be taken carefully as careless or abrupt regulatory responses regarding the challenges might lead to market fragmentation and inequality instead of a true single market96. Internet and telecommunications providers are affected by policy changes related to the DSM as they are the main targets of infrastructure changes. They are required to invest money into those changes yet some of them are subsidised. 93
European Commission. (2016). “What is an SME?”. Retrieved from: http://ec.europa.eu/growth/smes/business-‐friendly-‐ environment/sme-‐definition/index_en.htm 94 Rouse, Margaret. (2016). “e-‐commerce (electronic commerce or EC)”, Techtarget. Retrieved from http://searchcio.techtarget.com/definition/e-‐commerce 95 European Commission. (2016). “DG Connect”. Retrieved from: https://ec.europa.eu/digital-‐single-‐market/en/dg-‐connect Copenhagen Economics. (2010). “The Economic Impact of the Digital Single Market”. Retrieved from http://www.epc.eu/dsm/2/Study_by_Copenhagen.pdf 96
4) EXISTING MEASURES AND CURRENT LEGISLATION Before digging deeper into the Digital Single Market strategy, it is worth having a look at another programme aimed at assisting SMEs and boosting the EU’s economy. Horizon 2020 is the EU’s research and innovation programme running from 2014 to 2020 with a budget of €80 billion97, one of its focus areas is the ICT sector. Information and Communication technologies support innovation and competitiveness across all sectors and enable scientific progress. Right now the single market exists in the real world, but not in the digital one – the wider range of goods, services and prices European consumers could save €11.7 billion98. Furthermore, today only 15% of consumers shop online in another EU country99. The Digital Single Market (DSM) strategy, adopted on 6 May 2015, aims at changing this through three different focus areas: access, environment and economy & society.
Access The e-‐Commerce Directive is of the 16 initiatives of the DSM strategy, aiming to define an appropriate e-‐ Commerce framework and preventing unfair discrimination against consumers and businesses in accessing contents or buying goods and services online within the EU. Environment The second pillar focuses on faster and easier access to the Internet and improving data protection, privacy and (cyber) security. The Connecting Europe Facility (CEF) supports trans-‐ European networks and infrastructures in the sectors of transport, telecommunications and energy with a budget of over €1 billion. Economy & Society Improving the flow of data, providing online public services and the European Cloud Initiative are covered by the third pillar. Another goal is to tackle the lack of digital literacy – 47% of Europeans do not have enough digital know-‐how100.
On May 2016 the EC proposed an E-‐commerce package which is meant as a reform of the Consumer Protection Cooperation (CPC) Regulation, governing the powers of enforcement authorities and the manner in which they can cooperate101. 97
European Commission. (2016). “What is Horizon 2020”: https://ec.europa.eu/programmes/horizon2020/en/what-‐horizon-‐2020 European Commission. (2015). “A Digital Single Market Strategy for Europe”, EUR-‐Lex. Retrieved from: http://eur-‐lex.europa.eu/legal-‐ content/EN/TXT/?uri=celex%3A52015DC0192 99 DG CONNECT. (2016). “DSM – Access”, European Commission. Retrieved from: https://ec.europa.eu/digital-‐single-‐market/en/access-‐ digital-‐single-‐market 100 DG CONNECT. (2016). “DSM – Economy & Society”, European Commission. Retrieved from: https://ec.europa.eu/digital-‐single-‐ market/en/economy-‐society-‐digital-‐single-‐market 101 European Commission. (2014). “ Consumer Protection Cooperation Network”. Retrieved from: 98
5) KEY QUESTIONS AND FURTHER READING -‐ How can the EU ensure that the DSM invests both into the SMEs as well as the union as a whole? -‐ What issues should the EU be cautious of with the future steps with DSM? -‐ What could the EU do in order to solve the lack of digital literacy that currently is an issue in Europe? -‐ How can the EU balance between promotion of e-‐Commerce and DMS, whilst also upholding the principle of online security among the internet users? ____________________
FURTHER READING European Commission. (2016). “E-‐Commerce Directive”, European Commission: http://ec.europa.eu/internal_market/e-‐commerce/directive/index_en.htm Pfaff, Markus. (2015). “Europe’s Digital Single Market strategy: what is it and what does it mean for e-‐ commerce?”, siliconrepublic: https://www.siliconrepublic.com/business/2015/07/20/europe-‐digital-‐single-‐ market-‐strategy European Parliament. (2016). “The ubiquitous digital single market”: http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.9.4.html McKinsey&Company. (2016). “Digital Europe: Realizing the continent’s potential”: http://www.mckinsey.com/business-‐functions/digital-‐mcKinsey/our-‐insights/digital-‐europe-‐realizing-‐the-‐ continents-‐potential?cid=other-‐eml-‐alt-‐mip-‐mgi-‐oth-‐1607 Matthew Jarvis (2015), “European Commission: Our 'Digital Single Market' will strengthen the industry”: http://www.mcvuk.com/index.php/news/read/european-‐commission-‐our-‐digital-‐single-‐market-‐will-‐strengthen-‐ the-‐industry/0153432 European Commission (2015), “A Digital Single Market for Europe: Commission sets out 16 initiatives to make it happen”: http://europa.eu/rapid/press-‐release_IP-‐15-‐4919_en.htm Miriam Sapiro (2015), “Forging a Digital Single Market: Opportunities and Difficulties”: http://www.brookings.edu/blogs/up-‐front/posts/2015/09/22-‐european-‐union-‐digital-‐single-‐market-‐sapiro
http://ec.europa.eu/internal_market/scoreboard/performance_by_governance_tool/consumer_protection_cooperation_network/inde x_en.htm
COMMITTEE ON CIVIL LIBERTIES -‐ LIBE In light of the growing islamophobic and xenophobic acts towards immigrant populations, what actions should the EU take in order to support the creation of diversified and inclusive societies, whilst tackling racial discrimination? By Carlos Severo Esteban (ES) 1) CONTEXUALISATION AND RELEVANCE OF THE TOPIC It is easier to blame others than oneself, that is what the situation seems to say by blaming Islam for terrorism and immigration102 for our national problems. Freedom of movement and religious freedom that helped to build today's tolerant European societies are now at stake. The combination of the economic crisis, the huge influx of refugees and recent acts of terrorism has allowed room of growth and fueled the rise of far-‐right parties in Europe, to the point that in the Austrian presidential election the extreme right party got 36.4% of the votes in the first round and 49.7% in the second one103. Furthermore, the rise of these parties has taken place in a considerable number of countries within the EU not limited to one specific region which means that these causes have a different weight and their impact also varies. While France or Belgium focus their efforts on reinforcing their security measures after the recent terrorist attacks, countries like Hungary or Greece are directing their resources to manage the flow of illegal people and fighting criminal organisations that are taking advantage of the situation in the region. The overall picture shows that the North African/Middle Eastern majorly muslim population forced to mobilize from their home countries to Europe has been the target of suffering the consequences of such complex global situation. Additionally, Jihadist terrorism has enormously damaged the Muslim image in Europe104: many Muslims are upset to see their religion being portrayed as a source of violent terrorism, emphasizing that the religio-‐ political acts of Islamic fundamentalism should not be blamed to the religion itself105. The lack of information, populism and the media106 have only exacerbated the problem. Nevertheless, aggression are not 102
When referring to immigration is not limited to non-‐EU citizens. Foster, Peter. (2016). “Austria far-‐Right launches challenge to presidential election result”. *Results from the second round of Austria´s national elections of 2016, that have been annulled by the constitutional court. The Telegraph. Retrieved from: http://www.telegraph.co.uk/news/2016/06/08/austria-‐far-‐right-‐launches-‐challenge-‐to-‐presidential-‐election-‐re/ 104 AFTAB, ALI. (2015) “New report highlights ‘sharp rise’ in anti-‐Muslim attacks and ‘environment of hate’ in Britain”. Independent. Retrieved from: http://www.independent.co.uk/news/uk/home-‐news/new-‐report-‐highlights-‐sharp-‐rise-‐in-‐anti-‐muslim-‐attacks-‐and-‐ environment-‐of-‐hate-‐in-‐britain-‐a6739596.html 105 Rauch, C. K. (2015). “Fundamentalism and Terrorism”. Journal of Terrorism Research. Retrieved from: http://jtr.st-‐ andrews.ac.uk/articles/10.15664/jtr.1153/ 106 (The same event, two stories): Staufenberg, Jess. 2016. “German police search for 1,000 men after mass sexual assault in Cologne” Independent Retrieved from: http://www.independent.co.uk/news/world/europe/german-‐police-‐search-‐for-‐1000-‐men-‐after-‐mass-‐ sexual-‐assault-‐in-‐cologne-‐a6797126.html . Connolly, Kate. 2016. “Tensions rise in Germany over handling of mass sexual assaults in 103
just limited to this group as we can observe from certain incidents in the UK after the referendum107 where the Polish community or fifth generation descendents of immigrants have been victims, too.
2) KEY TERMS Social exclusion -‐ a process that introduces barriers aimed at excluding a group of society, based on their social identity (race, ethnicity, culture, etc.), to participate in it. This means that these groups lack voice, recognition or capacity for active participation. Moreover, it can also include exclusion from decent work, opportunities social services or political representation. Discrimination -‐ the unequal treatment that causes harm and can be based on many different factors such as age, sexual orientation or religion, among others. Discrimination is illegal by law and protection is granted to individuals in a number of situations like work, education or public services. On the other hand, positive discrimination, which is legal, is an unequal treatment that instead of harming, benefits the receiver. Social inclusion -‐ a process by which efforts are made to ensure equal opportunities for all, regardless of their background. It aims at creating the conditions to allow a full and active participation for every member of society. These includes social, economic and political activities and participating in the decision making process. Social cohesion -‐ in reference to the elements that bring and unite people together. It means that individuals and groups have a sense of belonging, recognition and participation in society. Social cohesive societies are based on respecting diversity and promote the benefits of living in a diverse society. Consequently, it is less probable that tension and conflict arises when different interests clash. 3) KEY CONFLICT AND STAKEHOLDERS Democracy on a dead stand: it shall be kept in mind the electoralist nature of national governments as they keep an eye on voter trends while striving for their aims. In a scenario where terrorist attack in European cities leave profound wounds and great animosity towards the community of the author of the attack, it is rare to see a public figure to defend that community unless they are also represent the same community, creating general mistrust and negative attitudes towards other communities. How to sell the truth: as an opinion-‐makers the public sphere, especially politicians, has great potential to influence the issue for good or worse. However, like politicians they have to decide between informing about events truthfully and how to sell the news; which in some occasions means to go for a misleading message. Cologne” The Guardian. Retrieved from: https://www.theguardian.com/world/2016/jan/06/tensions-‐rise-‐in-‐germany-‐over-‐handling-‐of-‐ mass-‐sexual-‐assaults-‐in-‐cologne . 107 Westcott, Ben. 2016. “Brexit: Racist abuse in UK reported since vote to leave EU”. Retrieved from: http://edition.cnn.com/2016/06/27/europe/racist-‐attacks-‐post-‐brexit/
Earning a living: integration of different ethnic, religious and racial groups in societies has always been a challenge. Work opportunities, civic activity, access to education and practicing one’s religion are only some of the areas where there is friction between the immigrant populations and the hosting society. The Member States have voiced their concerns over the increased costs of hosting thousands of refugees in their countries, simultaneously being worried over the cultural clashes and violent protesting against the incoming populations108. Immigrants face problems with employment due to linguistic, legal or social problems as they are often discriminated due to sole prejudices, or compromised linguistic reasons that many recently migrated individuals naturally experience 109 . This has led to them being majorly exposed to exploitation by local employers, particularly in the areas of manual labour and seasonal work which does not always match fairly with the individual's’ set of skills and capabilities in working life. Employment can often be illegal and without contract, leading to poor working conditions and increased vulnerability. Immigrant status is often correlated with poverty and a diminished political voice, leading to a lack of change in relevant policy areas as well as social stigmatization. Differing religious views and a lack of comprehension of foreign cultures has always been an obstacle to coexistence. Contrarily to the press, the social media works with absolute freedom and impunity; authors and sources tend to be unknown and the information is normally passed on (shared) without contrasting it. This leads to misinformed citizens and may have wrong perceptions of reality. Furthermore, the capacity and influence of religious leaders and religious communities vary from one Member State to another; still, their participation could be crucial to prevent further escalation of aggression in hosting societies across Europe. Finally, the European Council and Council of the EU, formed by the Prime Ministers and Ministers of the EU Members States, they are ones that design and set the general guidelines and objectives that the EU will pursue in the future. 4) EXISTING MEASURES AND CURRENT LEGISLATION Beyond the national constitutions and international treaties, the EU has already adopted several measures on the issue. The Council Framework Decision110 obliges Member States to penalise public incitement to racist violence or hatred, and consider racist or xenophobic motivation behind all crimes as an aggravating circumstance. So far, 13 Member States have implemented this provision in national law. The EU Directive on the Rights of victims of crime111, refers explicitly to victims of hate crime, their protection and specific needs. Moreover, measure to fight hate speech in the media, the Audiovisual Media Services Directive states that Member States shall ensure that audiovisual media services do not contain any incitement to hatred. Discrimination on the basis of religion is currently forbidden in the field of employment under the Employment 108
Politico.eu. (2016). “Violence against refugees rising in Germany”. Retrieved from: “http://www.politico.eu/article/violence-‐against-‐ refugees-‐rising-‐in-‐germany-‐minister-‐thomas-‐de-‐maiziere/ 109 Dancygier, R. Laitin, D. (2014). “Immigration into Europe: Economic Discrimination, Violence, and Public Policy”. Annu. Rev. Polit. Sci. 2014. 17:43–64. p. 45. Retrieved from: https://www.princeton.edu/~rdancygi/Publications/DancygierLaitinAnnualReview.pdf 110 Council of the European Union. (2008) “Council Framework”. Retrieved from: http://eur-‐lex.europa.eu/legal-‐content/EN-‐ ES/TXT/?uri=CELEX:32008F0913&from=es 111 European Parliament and Council of the European Union. (2012). “ Directive on the Rights of victims of crime” Retrieved from: http://eur-‐lex.europa.eu/legal-‐content/EN/TXT/?uri=CELEX%3A32012L0029
Equality Directive. A recent measure to combat all forms of intolerance, the European Commission appointed a coordinator for anti-‐Muslim hatred. They will act as contact points for those communities and coordinate European efforts to combat Islamophobia. For this purpose, they will cooperate with Member States, EU institutions, relevant civil society organisations and academia.
5) KEY QUESTIONS AND FURTHER READING -‐ What can the National Governments do in order to ensure and promote a tolerant and inclusive atmosphere in their societies? How can other stakeholders, like the media, contribute in order to prevent xenophobia and islamophobia? -‐ What measures could be taken in the aftermath of terrorist attacks in order to avoid the rise in hate crimes against the immigrant population? -‐ What is the effect of closing of EU borders to the Member States’ attitudes and treatment of minorities, and how does this affect the tolerance within the societies? -‐ What measures can the EU take in order to create more diversified and inclusive societies? -‐ How can the EU ensure the position and practices of Muslim religion within its Member States, simultaneously tackling the discriminative attitudes against it? For further reading it is recommendable to keep up with the latest news on the issue, comparing how different media sources report about the same events is helpful to obtain a better understanding. Here are some example of sources and articles to start researching: Awad, Nihad. (2016) “Muslim Leader: Homophobia and Islamophobia Are Connected Systems of Oppression”. Retrieved from: http://time.com/4367554/muslim-‐leader-‐on-‐orlando-‐shooting/?iid=sr-‐link2 BBC. (2016) “Frenchwoman 'faced job discrimination over headscarf”. Retrieved from: http://www.bbc.com/news/world-‐europe-‐36782752 BBC. (2016) “The pill that cures Islamophobia”. Retrieved from: http://www.bbc.com/news/magazine-‐36449239 Hooper, Ryan. (2016) “Alert at Islamic buildings as white powder and threats sent to three London mosques”. Retrieved from: http://www.independent.co.uk/news/uk/crime/alert-‐at-‐islamic-‐buildings-‐as-‐white-‐powder-‐and-‐ threats-‐sent-‐to-‐three-‐london-‐mosques-‐a7126861.html Siciarek, Marta. (2016). “Poland: State Neglect In Integrating The ‘Invisible’ Immigrants”. Retrieved from: https://www.socialeurope.eu/2016/07/poland-‐state-‐neglect-‐integrating-‐invisible-‐immigrants/
COMMITTEE ON SECURITY AND DEFENCE I – SEDE I "Combating cross-‐border crime and terrorism is a common European responsibility". -‐ Jean-‐Claude Juncker, President of the European Commission With recent terrorist attacks in Paris and Brussels, terrorism is one of the biggest threats the European Union (EU) is facing. Now, more than ever, the EU is being called upon to ensure the protection of its citizens. How can the EU help its Member States identify radicalisation factors and stop the recruitment for terrorism? By Tereza Voženílková (CZ) & Paris Pavlos Petrallis (CY) 1) CONTEXTUALISATION AND RELEVANCE OF THE TOPIC According to the Global Terrorism Database, there have been over 14 confirmed major terror attacks in Europe from 1995-‐2016112. After the Paris tragedy in January 2015, the number of terrorist attacks in the European Union (EU) has been alarming. The state of collective safety within the union is concerning its citizens more than ever. Terrorism in Europe is a threat to its security, the values of the democratic society, and to the rights and freedom of the European citizens. In the light of recent global events, the movement of people from conflict-‐ridden regions to the European soil has compromised the safety procedures of the EU, making it difficult for the union to control and supervise the masses of populations entering the union. Such global situation has led to an emerging amount of safety issues the EU has to solve in order to ensure the safety of its citizens. Whereas there is a link between religious fundamentalism and terrorist acts, the recent developments of the Islamic State of Iraq and Syria (ISIS) shifts the focus to Islamic fundamentalism and terrorism. Fundamentalist Islam divides into small groups (like al-‐Qaeda and ISIS) who use more aggressive interpretations of the Sharia and the Jihad to wage war justify the use of force against their interpretation of infidels. The actions of Radical Islamic groups are not actions of religion but merely actions that use religion as an excuse for the terrorist acts. The Muslim religion can be divided in multiple ways; ethnic, sectarian, and along conscious and unconscious practices; many of those born to Muslim culture see it as a traditional base of identity and heritage, rather than a political ideology113. Therefore, the terrorist acts claimed by Islamic extremists with political goals has to be distinguished from the Muslim religion: in the general Muslim community many experience it upsetting when their religion is portrayed as a source of violent terrorism, stating that the acts of Islamic fundamentalism should 112
Global Terrorism Database (2016). “National Consortium for the Study of Terrorism and Responses to Terrorism (START)”. Retrieved from https://www.start.umd.edu/gtd 113 Mansouri, F. Akbarzadeh, S. (2007). “Islam and Political Violence: Muslim Diaspora and Radicalism in the West”. Library of International Relations, vol 34. London: I.B.Tauris.
be placed to the religio-‐political spectrum, rather than blamed on the religion itself114. The term ‘terrorism’ must not be mistakenly connected exclusively with the terror acts of radical Islamists. Terrorism takes many shapes and can define any terror acts committed any individual of any religion. Terrorist attacks take place all over the world and are a problem faced also within Muslim countries. The ongoing post-‐Paris debate over who is to be seen as the ‘terrorist threat’ we are dealing with, has divided into multiple aspects. Some say the attack was an act of already radicalized Muslim youth in France who seeked for a label on which to reason their action with and whom ISIS then recruited, whereas others lean towards the idea that it is not the radicalization of Islam, but the Islamisation of radicalism that the terrorist organisations take an advantage of115. The bottom line is that in the global turmoil has affected also Europe and caused a rise of radical ideologies (not limited to religious ones) especially among the youth which, consequently, makes the populations more vulnerable for recruitment by terrorist groups. This is a fundamental threat the EU has to tackle. The Islamic State relies strongly on recruitment of foreign fighters operating through effective virtual propaganda machinery such as videos and social media canals, and targeting usually socio-‐economic underperformers and especially those who are in a vulnerable state in terms of identity-‐seeking, lacking the feeling of belonging116. Thus, the EU has set preventing terrorist radicalisation and recruitment as one of its priorities. 2) KEY TERMS Terrorism -‐ The use of violence or the threat of violence, especially against civilians, committed by non-‐state actors to gain political power or reach political goals. Counter terrorism -‐ Governmental, political or diplomatic activities and measures adopted in order to combat and prevent terrorist acts117.
Criminal intelligence -‐ Collected and analysed information gathered to prevent or monitor illegal activity and crime by law enforcement agencies (ex. a database with information on potential suspects)118.
Radicalisation -‐ A process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups119. Terrorist groups consist of different types of disaffected individuals who undergo different paths of radicalisation and recruitment. 114
Rauch, C. K. (2015). “Fundamentalism and Terrorism”. Journal of Terrorism Research. Retrieved from: http://jtr.st-‐ andrews.ac.uk/articles/10.15664/jtr.1153/ 115 Zaretsky, Robert. (2016). “Radicalized Islam, or Islamicized Radicalism?” The Chronicle of Higher Education. May 20, 2016. 116 Gates, S. Podder, S. (2015). “Social Media, Recruitment, Allegiance and the Islamic State” Retrieved from: http://www.terrorismanalysts.com/pt/index.php/pot/article/view/446/html 117 The Free Dictionary (n.d.). “Definition of counterterrorism”. Retrieved from http://www.thefreedictionary.com/counterterrorism 118 Your Dictionary. (n.d.). “Definiton of criminal intelligence”. http://www.yourdictionary.com/criminal-‐intelligence 119 Francis, M (2015). “What can schools do about radicalisation?”. Radicalisation Research.Retrieved from: http://www.radicalisationresearch.org/guides/what-‐can-‐schools-‐do-‐about-‐radicalisation/
Sharia law -‐ The law of Islam which acts as a code of living which all Muslims should adhere to. It regulates public and private behaviour, including prayers, fasting and donation to poor, and aims to help Muslims understand how to live every aspect of their life according to God's wishes.
3) KEY CONFLICTS AND STAKEHOLDERS There is not one definition for terrorism; however with a vast, general definition it can be stated as use of violence for reaching political, religious or ideological goals. As there is not one agreed definition among the international community, coming up with common legal and practical measures to tackle this threat as acrime has proven to be difficult. Furthermore, the development of modern warfare has lead to the situation where conflicts are not between governments, but non-‐state actors which makes combatting such actors more complicated than before due to the unpredictable nature of the situation. In the awake of the digital era, recruitment of individuals to radicalised groups over internet has increased alarmingly. Certain terrorist groups such as Islamic State in Iraq and Syria (ISIS) are known to recruit members through internet and social media. They have been successful in reaching mass audience and recruiting fighters by advertising the brutal acts the group carries out120. Online, it is easy to remain anonymous and to keep recruitment a secret process; identities are easily masked, and information is easily transmitted. The frequently targeted group of individuals are young individuals, who are due to their young age still in the phase of searching themselves, and thus easier target for effects from the outside in the search of ‘belonging’. Another crucial factor that aids the recruitment of individuals into terrorist groups is the segregation of minorities and foreigners in cities and their exclusion from their communities. The urban segregated city areas gather ethnic and cultural groups together, often characterised by poverty and social exclusion, making them vulnerable for terrorist recruiters who promise them a way out. Such segregated parts of European cities are seen as one of the most popular recruitment sites for terrorist groups; simultaneously, the segregated youth experiencing social exclusion and lack of group acceptance are is in a risk of radicalisation. In addition, terrorists find an easy way into Europe following refugee influx routes disguising themselves as political immigrants. The lack of proper supervision and control of these refugees makes the movement of terrorists fairly simple bypassing the risks of airports and ports that have high levels of security. There are several institutions in the EU which focus on combatting terrorism. One of the biggest entities coordinating and providing the background framework for policies and strategies that aim to combat terrorism is the European Council through its institutions such as the European External Action Service (EEAS). As a semi-‐ independent institution, EEAS aims to assist the EU in combating crises and provides intelligence about foreign and external affairs. It is the European Union's diplomatic service, which helps the EU's foreign affairs chief (the High Representative for Foreign Affairs and Security Policy) carry out the Union's Common Foreign and Security Policy. Europol is the European Union’s law enforcement agency with an aim to improve the cooperation 120
ISIS has mastered a crucial recruiting tactic no terrorist group has ever conquered. Business Insider, Military and Defense. Retrieved May 9, 2015, from http://www.businessinsider.com/isis-‐is-‐revolutionizing-‐international-‐terrorism-‐2015-‐5
between Member States and combat all forms of terrorism and organised crime, providing for a safer Europe121. Eurojust is the European Union's Judicial Cooperation Unit that helps national authorities cooperate in combating serious organised crimes involving more than one EU country122. The Council of the EU has approved to follow the EU strategy against terrorism, which aims to strengthen strategic national capabilities of EU Member States by sharing valuable information and knowledge against terrorism, while the justice and home affairs ministers have adopted series of guidelines with certain measures which the EU and MS’ should follow. The EU cooperates with multiple regional organisations, as The League of Arab States which helps the Arab world grow economically and culturally, while finding solutions to resolve conflicts both within the league and outside of it (eg. terrorism)123. Apart from regional organisations, the EU also works with international organisations, such as Organisation for Islamic Cooperation (OIC), which safeguards and protects the interests of the Muslim world to promote international peace and harmony. The OIC has permanent delegations to the United Nations and the European Union124. To tackle recruitment to radicalization, the European Commission created the Radicalisation Awareness Network (RAN)125, a network of experts and practitioners involved in preventing radicalisation and extremism throughout Europe. Their mission involves daily work with people who have been radicalised, or those who are vulnerable to radicalisation through community involvement. The volunteers and practitioners that take part in this network are, among others, social workers, youth and religious leaders, and police officers. 4) EXISTING MEASURES AND LEGISLATION As outlined in the EU Internal Security Strategy in Action, preventing terrorist radicalisation and recruitment is an EU priority126. The Member States are committed to fight terrorism and provide the best protection for their citizens; the EU counter-‐terrorism strategy adopted by the Council of the EU aims to combat terrorism globally, while respecting human rights and allowing its citizens to live in freedom, security and justice127. The four main pillars are are prevent, protect, pursue and respond; several measures are being taken under each pillar to improve security and international cooperation between the Member States. For example under the pillar of protect a big priority is implementing agreed common standards in aviation, port and maritime security. Together with the European Parliament the Justice and Home Affairs Council is in charge of adopting legislation aiming at 121
Europol (2016). “Frequently Asked Questions”. Retrieved from: https://www.europol.europa.eu/faq Ec.Europa. (2016). “The European Union's Judicial Cooperation Unit.” Retrieved from http://europa.eu/about-‐eu/agencies/regulatory_agencies_bodies/pol_agencies/eurojust/index_en.htm 123 The League of Arab States is an organization that consists of independent Arab States on the territory of northern and north-eastern part of Africa and southwest Asia Presentation of the Arab League. (2012).The League of Arab States. http://www.arableagueonline.org/hello-‐world/#more-‐1 124 Kern, S. (2013). “OIC Opens Office in Brussels to Fight "Islamophobia" in Europe”. Retrieved from: http://www.gatestoneinstitute.org/3790/oic-‐brussels-‐islamophobia 125 Ec.Europa. (2016). “Radicalisation Awareness Network (RAN)”. Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐ do/networks/radicalisation_awareness_network/index_en.htm 126 Ec.Europa: Migration and Home Affairs. (2016). “Crisis and Terrorism.” Retrieved from: http://ec.europa.eu/dgs/home-‐affairs/what-‐ we-‐do/policies/crisis-‐and-‐terrorism/index_en.htm 127 European Council, Council of the European Union (2016). “EU counter-terrorism strategy.” Retrieved from: http://www.consilium.europa.eu/en/policies/fight-against-terrorism/ 122
guaranteeing fundamental rights, ensuring the free movement of people across the EU and offering citizens a high level of protection. It is responsible for the fight against serious and organised crime, and terrorism. In June 2014 the Council adopted a strategy for combating radicalisation and recruitment to terrorism. Also, several steps have been taken to increase the protection of external borders, strategic targets and transport security: the EU is currently working on a legislation regulating the use of passenger name record (PNR) data128 for law enforcement authorities to facilitate investigation of terroristic and criminal activities. These data will be collected and transferred from the airlines to national authorities. The EU has also focused on strengthening national capabilities, improving practical cooperation and information exchange between police and judicial authorities (through Europol and Eurojust). In May 2015 the Council and the European Parliament adopted new rules to prevent money laundering and terrorism financing129. The EU works closely on this matter with third countries through high level political dialogues, the adoption of cooperation clauses and agreements or capacity building projects with strategic countries. The EU cooperates with countries in the Western Balkans, the Sahel, North Africa, the Middle East, North America, and Asia. The US government works closely in cooperation with Europol and Eurojust. Fight against terrorism involves working closely with other regionals and international organisations to promote international standards and to build international consensus. Regional organisations include the Council of Europe, the League of Arab States or the Organisation for Islamic Cooperation. Lastly, the EU aims for managing and minimising the consequences of terrorists attacks, as well as provide assistance and help for the victims. 5) KEY QUESTIONS AND FURTHER READING -‐ How can the Member States cooperate in this issue to ensure a collective safety within the union? -‐ How can the EU combat discrimination and segregation in its Member States to avoid more individuals becoming a target to terrorist recruitment? -‐ How can the EU prevent further future financing of terrorist organization and detect and stop ongoing fundings? -‐ Which are the factors and motives behind every terror attack and what can be done so these causes are detectable early enough? -‐ What measures can be taken so that online recruitment and terrorist propaganda can be stopped? FURTHER READING 128
European Council (2016). “Regulating the use of passenger name record (PNR) data”. Retrieved from: http://www.consilium.europa.eu/en/policies/fight-against-terrorism/passenger-name-record/ 129 European Council (2016). “EU fight against terrorism”. Retrieved from: http://www.consilium.europa.eu/en/policies/fight-‐against-‐ terrorism/
Hand of Reason. (2016). “Types of terrorism”. http://handofreason.com/2011/featured/types-‐of-‐terrorism European Council. (2016). “Regulating the use of passenger name record (PNR) data”. http://www.consilium.europa.eu/en/policies/fight-‐against-‐terrorism/ Europa. (2005). “The EU Strategy for Combating Radicalisation and Recruitment to Terrorism”. http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2014781%202005%20REV%201 Europa. (2016). “Stronger EU action to better tackle violent radicalisation leading to terrorism”. http://ec.europa.eu/dgs/home-‐affairs/what-‐is-‐new/news/news/2016/20160614_1_en.htm
European Commission. (2016). “European Agenda on Security to Fight Against Terrorism”. http://ec.europa.eu/dgs/home-‐affairs/what-‐we-‐do/policies/european-‐agenda-‐security/legislative-‐ documents/docs/20160420/communication_eas_progress_since_april_2015_en.pdf Europa. (2015). “Europol tackles violent extremist propaganda”. http://ec.europa.eu/dgs/home-‐affairs/what-‐is-‐new/news/news/2015/20150701_01_en.htm Fordham Political Review. “How ISIS recruits through social media”. http://fordhampoliticalreview.org/how-‐isis-‐recruits-‐through-‐social-‐media/ Global Solutions. (2015). “ISIS Recruitment: Social Media, Isolation, and Manipulation”. http://globalsolutions.org/blog/2015/12/ISIS-‐Recruitment-‐Social-‐Media-‐Isolation-‐and-‐ Manipulation#.V4AREVcaob1 The Atlantic. (2016). “What’s Wrong With Stripping Terrorists of Citizenship?”. http://www.theatlantic.com/international/archive/2016/01/taubira-‐france-‐citizenship-‐terrorism/433965/ Council of the European Union. (2005). “European Union counter-‐terrorism strategy”. http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2014469%202005%20REV%204 Youtube. “What is ISIS and what do they what in Iraq”. https://www.youtube.com/watch?v=vOGLesXQ4Tc Youtube. “The rise of ISIS”. https://www.youtube.com/watch?v=pzmO6RWy1v8
COMMITTEE ON SECURITY AND DEFENCE II – SEDE II In its endeavour to introduce more security measures aimed at preventing further terrorist attacks, a new debate was launched in the political arena; what actions should the EU take in response to the heightened risk of security threats, whilst also respecting its citizens’ fundamental rights to privacy? By Michelle Chorattidou (CY) and Konstantinos Andronikidis Patakakis (GR) 1) CONTEXTUALISATION AND RELEVANCE OF THE TOPIC Terrorism is far from a new concept in Europe, referring to the attacks in Madrid, London, Oslo, Paris, and Brussels, to name but some that occurred in the span of the last 15 years. Even though incomparable to the casualties from terrorist attacks in the rest of the world, Europe has suffered enough fatalities as well. Despite the contributions of the European Union (EU) that have accomplished a decrease in these phenomena, recent terrorist activity has reconfirmed the need for strong cooperation between EU Member States (MS) to safeguard the security of the citizens130. Following the last –largely religiously inspired-‐ terrorist occurrences, the EU and the governments of the MS have taken measures to ensure their citizens’ security, including France’s law allowing complete electronic surveillance131. Since the recent attacks, the EU, while making attempts to introduce new policies to help protect the citizens, is also occupied with the matter of the entrenchment of freedom rights of the citizens. As more and more measures are taken to ensure the security of the people, there are serious concerns raised regarding the right of privacy. The debate between privacy and security, concerning terrorism, has become more apparent with the legislation on Passenger Name Records (PNR), where the Members of European Parliament (MEPs) were divided; and even though the particular legislation has been recently approved by plenary, citizens are still concerned. They believe that access to personal information by the government would increase its agencies’ power and could potentially lead to abuse. Counter-‐arguments remark that a government’s most important job is to secure the general welfare of its citizens, at whatever cost. 2) KEY TERMS Terrorism -‐ no one definition on the term is accepted universally, as every MS has a different one for it in their legislation. Out of the hundreds of definitions that exist, some choose to focus on its unmethodical nature, its usual focus on unarmed citizens, it's often symbolic nature and other attributes132. Religious based terrorism in particular is terrorism carried out based on motivations and goals that have a predominantly religious character or influence. 130
Europol – European Law Enforcement Agency. (2015). “European Union Terrorism Situation and Trend Report 2015”. Page 5. Hesseldahl Arik. (2015). “France has a Powerful and Controversial New Surveillance Law” Recode. Retrieved from: http://www.recode.net/2015/11/14/11620670/france-‐has-‐a-‐powerful-‐and-‐controversial-‐new-‐surveillance-‐law 132 Schmid Alex P. (2011). “The Definition of Terrorism”. “The Routledge Handbook of Terrorism Research”. p. 39 131
Counter-‐terrorism: Political or military activities designed to prevent or thwart terrorism133.
Passenger Name Record: Passenger Name Record (PNR) data is information provided by passengers and collected by airlines, who are then responsible to transfer them to national authorities. According to the Commission proposal134, 60 different categories of PNR data should be collected, including contact information, travel routes, computer IP-‐addresses, hotel bookings, credit card information and diet preferences. The data could greatly help investigators tracking terrorists across borders. Fundamental Rights and Freedoms: Fundamental Rights and Freedoms are the rights and freedoms of citizens of the EU, which the Member States are bound to respect in their acts. These are defined by the Charter of Fundamental Rights of the EU, legally binding across the EU since the entry of force of the Treaty of Lisbon, as well as the European Convention EU on Human Rights. 3) KEY CONFLICTS AND STAKEHOLDERS Typically, security is viewed by the European states as a primarily national matter rather than a European one, thus imposing an important obstacle to effective defences in Europe. However, there are voices, not only in the Council and European Parliament which legislate jointly in counter-‐terrorism policy, but also among national politicians, that call upon for a more integrated counter-‐terrorism policy in Europe which would reinforce and coordinate any anti-‐terrorism operations. President Juncker, the head of the European Commission, which is the main body working on legislative proposals at an EU level, has proposed the creation of a European Security Service135, the European Home Affairs Commissioner Dimitris Avramopoulos suggested a pan-‐European Spy Agency, while proposals for a European Intelligence Agency136,137 have been made. On the other hand, analysts argue that such integration projects in controversial issues are unrealistic for now and instead, he proposes improvements in the existing measures. When making decisions over measures to tackle terrorism, the interplay between respecting and preserving the fundamental rights and freedoms and security is crucial. The privacy and rights of the people is safeguarded by the Charter of Fundamental Rights of the EU138 and any limitation must comply with “the principle of necessity, proportionality and legality, with appropriate safeguards to ensure accountability and judicial redress”139. Hence, 133
EU counter-‐terrorism strategy. (2016). “Europe’s fight against terrorism”, European Council’s Policies. Retrieved from: http://www.consilium.europa.eu/en/policies/fight-‐against-‐terrorism/ 134 European Commision. (2011). “Proposal of a Directive of the European Parliament and of the Council on the use of PNR data”, Europa. Retrieved from: http://ec.europa.eu/home-‐affairs/news/intro/docs/com_2011_32_en.pdf 135 Björn Fägersten. (2015) “Report on EU intelligence decision-‐making within the Common Foreign and Security Policy”. Retrieved from: http://www.euractiv.com/section/global-‐europe/opinion/eu-‐doesn-‐t-‐need-‐a-‐cia-‐but-‐better-‐intelligence-‐would-‐help/ 136 Euronews. (2015). “Belgium’s PM Michel calls for a European CIA”. Retrieved from: http://www.euronews.com/2015/11/30/belgium-‐ s-‐pm-‐michel-‐calls-‐for-‐a-‐european-‐cia/ 137 Guy Verhofstadt, (2015). Plenary speech on Recent terrorist attacks in Paris. Retrieved from: https://www.youtube.com/watch?v=XAnfDciKJcg 138 The Charter of Fundamental Rights of the EU : http://ec.europa.eu/justice/fundamental-‐rights/charter/index_en.htm 139 Art. 52(1) of the EU Charter of Fundamental Rights: http://fra.europa.eu/en/charterpedia/article/52-‐scope-‐and-‐interpretation-‐rights-‐ and-‐principles
one of the major conflicts is to what extent infringements on fundamental rights and freedoms are justifiable for the purposes of tackling terrorism. However, in light of the recent terrorist attacks in major European cities, governments have been forced to take extreme measures. France has declared a state of emergency and enacted a 1955 emergency law140, while the UK has raised police presence and increased security measures141. The EU in an effort to secure its internal and external borders by actions of terrorism introduced the EU Intelligence Analysis Centre (EU INTCEN), which is the civilian intelligence function of the EU under the High Representative of the Union for Foreign Affairs and Security Policy (HR), providing in-‐ depth analysis for EU decision makers. Its work based on intelligence from the Member States’ intelligence and security services. In addition, the Council established in 2004 the position of the Counter-‐Terrorism Coordinator (CTC), who amongst others, coordinates the EU’s efforts in combating terrorism by presenting policy recommendations, monitoring the implementation of the CTS and regularly reporting to the Council. Also the European Counter Terrorism Centre (ECTC), which aims to boost cooperation among Europol member states in their fight against terrorist threats in Europe was created and functions as a branch of Europol itself, which is the EU’s law enforcement agency and assists the States in their fight against international crime and terrorism. 4) EXISTING MEASURES AND CURRENT LEGISLATION The EU has based its counter-‐terrorism policy mainly on the Plan of Action to Combat Terrorism (adopted by the European Council 09/2001) and the Council Framework Decision 2002/475/JHA on combating terrorism. These policies have been supplemented mostly by the Counter-‐Terrorism Strategy (CTS)142 of 2005, with its action plan that has been edited and reported on by the CTC over the years. The EU has also initiated legislation for the data protection of the civilians with a series of Directives. Directive 95/46/EC is the reference text, at European level, on the protection of personal data. It sets up a regulatory framework which seeks to strike a balance between a high level of protection for the privacy of individuals and the free movement of personal data within the EU143. In 2016 the European Parliament and the Council have passed a new Regulation and a Directive to reform the EU data protection rules144. All draw their principles from the EU Charter for Fundamental Rights that has been adopted by all Member States145. In addition to the already existing measures, the EU has adopted several mechanisms to improve data sharing, prevent attacks and enforce mutual trust between its MS and even third countries in an effort to face terrorism.
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Daniel Severson, 22/11/15, LawFare, “France's Extended State of Emergency: What New Powers Did the Government Get?” https://www.lawfareblog.com/frances-‐extended-‐state-‐emergency-‐what-‐new-‐powers-‐did-‐government-‐get 141 RT, 29/3/16, Personal freedom in Europe ‘too high’ to fight terrorism – ex-‐CIA chief: https://www.rt.com/usa/337652-‐europe-‐ privacy-‐rights-‐terrorism-‐hayden/ 142 EU counter-‐terrorism strategy : http://www.consilium.europa.eu/en/policies/fight-‐against-‐terrorism/ , http://eur-‐ lex.europa.eu/legal-‐content/EN/TXT/?uri=URISERV%3Al33275 143 Directive 95/46/EC on the protection of personal data : http://eur-‐lex.europa.eu/legal-‐content/en/LSU/?uri=CELEX:31995L0046 144 Reform of EU data protection rules : http://ec.europa.eu/justice/data-‐protection/reform/index_en.htm 145 Charter of Fundamental Rights of the European Union : http://ec.europa.eu/justice/fundamental-‐rights/charter/index_en.htm
Such initiatives are the European Arrest Warrant (EAW)146, the Schengen Information System (SIS)147, the Visa Information System (VIS)148 and the most recently adopted EU Passenger Name Record (PNR)149. 5) KEY QUESTIONS AND FURTHER READING -‐What fundamental stance should the EU take in counter-‐terrorism efforts, taking into account concerns on people’s privacy and fundamental rights and how can be ensured that both sides are taken into account? -‐What steps should be taken to make counter-‐terrorism policy within the EU more systematic and coherent? How can the EU increase the effectiveness of existing measures and bodies? -‐What type of measures should be taken into consideration first and what further actions should be taken at a supranational level in this field? -‐In this critical point for the security in the EU, what should be the role of Member States? Is it possible for a common comprehensive framework to be established and for counter-‐terrorism policy to be implemented? FURTHER READING Europol. “EU Terrorism Situation and Trend Report”. (2015). https://www.europol.europa.eu/sites/default/files/publications/p_europol_tsat15_09jun15_low-‐rev.pdf Robert Schuman. “The European Union and the fight to counter terrorism”. (2016) http://www.robert-‐schuman.eu/en/european-‐issues/0386-‐the-‐european-‐union-‐and-‐the-‐fight-‐to-‐counter-‐ terrorism EurActive. “From 9/11 to Charlie Hebdo: The EU’s response to terrorism”. (2015) http://www.euractiv.com/section/justice-‐home-‐affairs/linksdossier/from-‐9-‐11-‐to-‐charlie-‐hebdo-‐the-‐eu-‐s-‐ response-‐to-‐terrorism/ Europol. “Europol’s European Counter Terrorism Centre strengthens the EU’s response to terror”. (2016) https://www.europol.europa.eu/content/ectc World Economic Forum. “Is terrorism in Europe at a historical high?”. (2016) https://www.weforum.org/agenda/2016/03/terrorism-‐in-‐europe-‐at-‐historical-‐high/ The Washington Post. “Brussels attacks rekindle privacy vs security debate in Europe”. (2016) https://www.washingtonpost.com/world/europe/brussels-‐attacks-‐rekindle-‐privacy-‐vs-‐security-‐debate-‐in-‐ europe/2016/03/26/60a68558-‐f2dc-‐11e5-‐a2a3-‐d4e9697917d1_story.html RT. “Personal freedom in Europe ‘too high’ to fight terrorism -‐ ex-‐CIA chief”. (2016) https://www.rt.com/usa/337652-‐europe-‐privacy-‐rights-‐terrorism-‐hayden/
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European Arrest Warrant (EAW): http://ec.europa.eu/justice/criminal/recognition-‐decision/european-‐arrest-‐warrant/index_en.htm Schengen Information System (SIS) : http://eur-‐lex.europa.eu/legal-‐content/EN/TXT/?uri=uriserv:l14544 148 Visa Information System (VIS) : http://eur-‐lex.europa.eu/legal-‐content/EN/TXT/?uri=uriserv:l14516 149 EU Passenger Name Record (PNR) : http://www.europarl.europa.eu/news/en/news-‐room/20150123BKG12902/EU-‐Passenger-‐Name-‐ Record-‐(PNR)-‐directive-‐an-‐overview 147