ACADEMIC PREPARATION KIT 35th National Selection Conference of EYP Greece Athens, 7-10 April 2017
TABLE OF CONTENTS 3 | Welcome Words from the President 4 | Academic Preparation 6 | The European Union Guide 13 | Committee on Constitutional Affairs 18 | Committee on Culture and Education 23 | Committee on Human Rights 28 | Committee on Employment and Social Affairs 33 | Committee on Environment, Public Health and Food Safety 39 | Committee on Women’s Rights and Gender Equality 45 | Committee on International Trade 52 | Committee on Civil Liberties, Justice and Home Affairs I 59 | Committee on Civil Liberties, Justice and Home Affairs II 67 | Committee on Security and Defense
WELCOME WORDS FROM THE PRESIDENT Dear delegates, It is my great pleasure to warmly welcome you to the 35th National Selection Conference of EYP Greece in Athens. It is a sad truth that Europe is facing with multiple challenges which has a huge impact to our today and future. The European Youth Parliament creates a platform for young people to have voice and debate over the current issues of Europe. Under the session theme "European integration: towards a Europe of local societies, equality and understanding", you will get a chance to meet people with different backgrounds to solve the common problems such as high risk of terrorism, freedom of religion and multiculturalism, and integration and inclusion of the minorities during the session. However, EYP is not merely about debating, it means improvement, developing personal skills, and it teaches first hand that having a once in a lifetime experience can build true friendships which will be able to last through distances and different timezones. In this academic prep kit, you will find the detailed topic overviews written by your beloved chairpersons. At this juncture, I would like to thank the board of EYP Greece, Head Organisers and the Chairs’ Team for their dedication and, I wholeheartedly appreciate all the hard work done by the session board in this process. I deeply hope that this kit proves a beneficial tool in your presession preparations. Ultimately, I kindly encourage you to read the respective topic overviews and do further research in order to prepare yourself academically for the upcoming session. I look forward to meeting you all to experience a remarkable conference!
With Anticipation,
Bircan Kilci Session President
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ACADEMIC PREPARATION This Preparation Kit provides you with a solid set of knowledge in order to prepare for Committee Work. The overviews for each topic have been written by your chairpersons; they present all relevant information in the most compact manner possible and should serve as a starting point for your preparation for the session. Please take your preparation for this event very seriously; this will give you an advantage in the selection process but, more importantly, I can promise that you will enjoy the discussions much more if you are sufficiently prepared. All topics are complex and challenging and you can help your team in the process of writing the resolution only if you have a solid background of knowledge on the topic.
HOW TO PREPARE? The topic overviews included in this kit should be the starting point of your research for the topic. The present the most important aspects of the topic in a condensed manner and provide you with further reading and videos on your topic.You should also use the keywords included in the overviews to conduct independent research on your topic. Alongside reading your topic overview, you should conduct some general research on the EU, starting from the EU guide included in this kit.
FACT SHEETS We kindly ask you to prepare fact sheets on your committee topic. A fact sheet puts together a list of facts about your topic, analysing the current situation and adding statistics and figures to the analysis. Remember that all the facts that you collect will be very useful for the committee work at the session. Please use the template you have received together with the preparation kit and send your fact sheet straight to your chairpersons. You will find the contact details of your chairpersons below.
POSITION PAPERS After carrying out substantial research, you will hopefully have gained a sufficient overview of the topic. Committee work is about analysing the facts and then discussing opinions and possible solutions. We kindly therefore ask you to prepare a position paper in order to conclude your research. Your position paper should be about half a page to one page long and answer to the following questions: 1st question: What is the main conflict within the topic and which questions does the current public discussion revolve around?
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2nd question: What is your opinion on the topic? Which measures should the EU and its Member States take or should not take; what are your ideas about a possible solution to the problem? Please use the template you have received together with the preparation kit and send your position paper straight to your chairpersons.
CHAIRPERSONS’ CONTACT DETAILS Committee Chairperson(s) AFCO Ilias Pagozidis Anja Taelemans CULT Alina Khan Penelope Spania DROI Eleanna Siozou Triantafyllos Kouloufakos EMPL Vayalena Drampa ENVI Athina Karameliou Ilias Mavromatis FEMM Eirini Papadopoulou Aleksa Antić INTA Andreas Janssen LIBE I Elena Marro Nikos Alexiadis LIBE II Sofia Magopoulou SEDE Konstantina Bantavi Levon Shoyan
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E-mails iliaspagozidisb@gmail.com anja.taelemans@hotmail.be alinabeg27@gmail.com penny.spania@gmail.com eleanna01@hotmail.com triantafyllos.kouloufakos@gmail.com vayalena.drampa@hotmail.com athena.karameliou@hotmail.com ilias.mavromatis.96@gmail.com eirinidpap@gmail.com aleksaiantic@gmail.com andreas.janssen@leerling.ig.nl marro.e97@me.com nik_alexiadis@hotmail.com sofia.magopoulou@hotmail.gr bankonst@gmail.com lsgoyan@gmail.com
THE EUROPEAN UNION GUIDE HOW DOES THE EU WORK? The institutional structure of the EU cannot be compared to any other international organization (e.g. NATO or the UN). It is neither a centralised unity like a nation state, nor does it imitate a relatively loose structure, such as the Commonwealth of Nations or a confederation like the United States of America: it is an organisationsuigeneris. The structure is unique and continuously developed. The Treaty of Lisbon marks the last big step in this process.
MAIN INSTITUTIONS OF THE EU European Council (since 1974) Regular meetings (aka summits, at least four times per year) of the Heads of State/Government + Commission President + President of the European Council + High Representative for Foreign Affairs and Security Policy of the European Union. Provides political guidelines, sets general goals and incentives to the further development of the EU and common strategies concerning the CFSP. European Commission (EC) „Executive‚ power of the EU (one Commissioner per Member State, with one being the President of theCommission). Commissioners are appointed by their nation state, approved by the European Parliament andresponsible for one issue area (e.g. Federica Mogherini as High Representative for Foreign Affairs and Security Policy).Each Commissioner is appointed for a term of 5 years and all 28 Member States have a national Watch here: The EU Institutions Explained by official direct a Directorate-General (DG). The their Presidents DGs are the equivalent of national government A view from the inside: the Presidents of the main departments; they oversee the development and EU institutions share their views on how the EU implementation of policies and laws in specific actually works. Who does hat? What’s specific to domains. The DGs are staffed with a mix of full-time each institution? What is the role of President? How do they see Europe’s future? Since this European bureaucrats known as fonctionnaires, explanatory video was made, the presidents of and of national experts. the European Commission and the European Council have changed.
The Commission monitors the adherence to the EU aquiscommunautaire, represents the Union in foreign relations and has the exclusive Right to Initiative. European Parliament (EP) The first part of the EU´s legislative branch consists of 751 Members of Parliament elected for five years by all EU-citizens (over 18 years old, in Austria over 16). The first direct election of the EP was held in 1979, the latest in 2009. The parliament is divided into seven big fractions plus several independent Members of Parliament (the biggest three fractions are firstly the European People‘s
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Party pooling Christian Democrats, secondly the Progressive Alliance of Socialists and Democrats for the left and the social democratic political spectrum, and thirdly the Alliance of Liberals and Democrats). It is working either in a big plenary or in its 20 different committees, each responsible for specific issue areas. The Parliament shares its legislative competences with the ‚Council‛. Council of the European Union (Council of Ministers) Also known as ‚the Council‛, structured in issue-specific councils with the respective ministers of the Member States (e.g. Council Justice and Home Affairs with all ministers of the interior). The presidency of the council changes every six months. The ‚president‛ in office supplies the The „Council of Europe“ is a completely different different councils with a chairperson except institution than the European Council and the Council the council on Foreign Affairs, which is of the European Union. Founded in 1949 it is both a predecessor and a project that runs parallel to the EU presided by the High Representative (Federica as an independent organization mainly focussing on Mogherini since 2014). the adherence to Human Rights agreements. There are currently 47 members, among them EU Member
The issue division in the councils is mirrored in States, as well as e.g. as well Ukraine and Russia. the parliamentary committees (e.g. environment, education, economy, budget). The council shares its legislative competences with the EP and holds executive powers, too. Latvia holds the current presidency until June 2015 when Luxembourg will take over.
LAW-MAKING IN THE EUROPEAN UNION Does the EU pass laws? Not exactly! The sources of EU law can be divided into two groups: the primary source of Union law and secondary source of Union law, with the primary law ranking above the secondary. Therefore secondary law can only be effective as long as it is consistent with the primary law. The differentiation between primary and secondary law is especially important in the process of lawmaking: While secondary law is enacted by the EU institutions, the enactment or amendment of primary law is solely within competence of the Member States. Primary sources of EU law include all founding treaties of the European Union, all later EU treaties (i.e. Treaty of Maastricht and the latest Treaty of Lisbon), as well as all accession treaties and the Charter of Fundamental Rights of the EU. The EU has the following secondary legal options to legislate: Regulations, Directives, Decisions, Recommendations and Opinions: A Regulation is a law that is applicable and binding in all Member States directly. It does not need to be passed into national law by the Member States although national laws may need to be changed to avoid conflicting with the regulation. Regulations have to be strictly adhered to in all Member States and leave no room for adjustments during the implementation process.
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A Directive is a law that binds the Member States, or a group of Member States, to achieve a particular objective. Usually, directives must be transposed into national law to become effective. Significantly, a directive specifies the result to be achieved: it is up to the Member States individually to decide how this is done. Directives provide a framework and give a certain policy direction, leaving the states with more flexibility and room for adjustments. A Decision can be addressed to Member States, groups of people, or even individuals. It is binding in its entirety. Decisions are used, for example, to rule on proposed mergers between companies. Decisions always address certain recipients and are only valid for them. Recommendations and Opinions have no binding force. The European legislative procedure lasts a bit longer than on a national level. The EC has the exclusive Right to Initiative, the Council and the EP decide if the proposal becomes a legal act after having discussed relevant details. General policy guidelines and statements, especially from the EP, are formulated in Resolutions. They can entail instructions for future procedures as well as regulations, which are formally valid in the Member States. Legal acts passed by the EP and the Council only enter into force after the respective national governments have introduced and implemented it within their national laws.
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Institutional design of the European Union
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WHAT DOES THE EU DO? The EU is engaged in many policy areas and tries to implement its goals together with its Member States. Many options are possible: Either the Union provides money and/or expertise for projects or certain measures or it passes regulations that harmonise laws and norms in Europe and/or gives them a new direction. Furthermore the EU deals with many issue areas, in which it has no competence Click HERE: EU Budget to regulate, but can nevertheless express visions, Where does the EU get its money from, requests and warnings in order to provoke the Member how does it decide about its budget and States to act. The Union is more and more visible as a who benefits the most? We examine the single actor and is also able, in case of a consensus, to EU’s budget procedure and focus in on the European Parliament’s changed role in it. speak on behalf of Europe within the scope of the CFSP. Important areas in which the states cooperate: Single Market (4 Fundamental Freedoms: Free movement of goods, services, capital and people) Economic and Monetary Union (see part ‚Mixed responsibilities‛ and „The Single Currency and the Eurozone‚) Common Agricultural Policy (CAP, almost complete agricultural communitarisation with no scope for action for national governments; subsidies make up a big part of the EUBudget) Common Foreign and Security Policy (CFSP, in general still unilateral decision making processes, however, efforts to speak with one voice in international relations; especially in peace-keeping missions and increasingly at financial and economic summits the Member States try to jointly formulate an EUopinion) Area of Freedom, Security and Justice (Free movement in all EU Member States; cross border police cooperation against transnational crime, drug traffic and to control migration) Energy and Climate Action (Security of supply, environmental sustainability, profitability, support of innovation and research)
BREXIT & THE EU Watch here: How it works leaving the EU? The Lisbon Treaty now provides for it officially: a Member State leaving the EU. In fact it can just stop implementing EU laws overnight or, more sensibly, negotiate its exit. In any case it will be over in max 2 years.
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MIXED COMPETENCES BY POLICY AREA Exclusive
Customs union Eurozone monetary policy Conservation of marine resources Common commercial policy
Shared Support, coordinate and Exclusive if EU has Non-exclusive supplement policy Internal market Research and Most Human health Development policies Certain social policy Outer space policies Industry Cohesion policy Agriculture and fisheries Environment Consumer protection Transport Energy
Old third pillar: Area of freedom and justice Certain public health policies
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Development cooperation Humanitarian aid
Culture Tourism Education and training Civil protection and disaster prevention Administrative cooperation Coordination of economic, employment and social policies
THE TOPIC OVERVIEWS
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COMMITTEE ON CONSTITUTIONAL AFFAIRS (AFCO) Strengthening European Democracy: Citizens’ Political Participation. With the EU failing to convince large parts of the European population about its merits and by taking into account people’s disenchantment with politics, what more can the EU do in order to increase the political participation? Chairpersons: Ilias Pagkozidis (GR) & Anja Taelemans (BE)
KEY TERMS Political participation can be defined as a person is participating in the political process by making his or her beliefs known, in order to influence the outcome of political issues. Democratic deficit is a term used when decision-making procedures suffer from a lack of democracy and seem inaccessible to the ordinary citizen. The concept of a democratic deficit within the EU is the notion that the governance of the EU in some ways lacks democratic legitimacy. Participatory democracy is a type of democracy in which people are directly involved in forming policies that affect them. Participatory democracy strives to create opportunities for all members of a population to make meaningful contributions to decision-making, and seeks to broaden the range of people who have access to such opportunities. Civic participation is the engagement of citizens in actions that promote and enhance the quality of life of all members of the community; it constitutes mainly of political participation but also exceeds to other areas of involvement.
RELEVANCE AND EXPLANATION OF THE PROBLEM The lack of inclusion and involvement of its citizens in the policy making process is still one of the EU’s major challenges. The only fully democratic institution of the EU is the European Parliament (EP) since every Member State is represented by a certain number of Members of the European Parliament (MEP’s). However the voter turnout in the 2014 European Parliament elections reached an all-time low with 43%.1 The current controversy is the growing indifference in politics and passive political participation. The EU democratic deficit also refers to the fact that the European Union is ‚too distant‛ from the voters. This has coincided with a growing feeling of Euroscepticism 1
Voter turnout 2014 European elections -
http://www.europarl.europa.eu/elections2014-results/en/election-results-2014.html
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and a tendency to limit the power of the EU in the policy making process. Another aspect is the digital revolution. Although technology has expanded fast and significantly, the potential of this development has not been fully used for the benefit of promoting political participation. So how can the EU strive to bring the EU elections closer to the citizens of its Member States?
KEY CONFLICTS ‚Democracy is a government of the people, by the people, for the people‛. Bearing in mind Abraham Lincoln’s perception of the rule of governance, we understand why democracy’s future is looming; 54% of the EU citizens affirm that their voice does not make a difference 2 while 41% are not satisfied with the democratic processes within the EU3. As the number of alienated citizens from the decision-making process is rising due to the ‚Brussels bureaucracy‛, Eurosceptics 4 are calling for the pause of further integration of Member States as well as a reduction of power on a EU level. Their insistence comes as no surprise; EU’s handling of financial crisis and fiscal problems of Member States as well as its maneuvers on immigration constitute are the driving forces behind this phenomenon. Growing mistrust on the Union and its policies has fueled calls for the translocation of power to national governments instead of EU’s central hub 5. On the other hand, pro-Europeans tend to agree that the current democratic deficit can be overturned through institutional reforms, strengthening cooperation between Member States and the EU as well as utilizing civic participation to the fullest extent. Arguably, the most important tool for political participation for the citizens is a referendum6. It is a way of bringing power back to the electoral base, simultaneously is also considered as a sign of weak political will and vision7. The complicated use of bureaucratic terms and the secure referenda could mislead the public point of view whilst prevailing opinion on a subject that might not always represent the ideal one8. The importance of the worldwide web for democratic engagement of citizens has long been appraised. Yet, the upright use of the internet in order to appeal to a wider range of the population, proposes an unfair treatment of citizens, especially those who are technologically illiterate and/or have no access to it. Security breaches in IT systems might also threaten the
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Standard Eurobarometer 86, Autumn 2016 Standard Eurobarometer 83, Autumn 2015 4 Those who criticize, oppose and reject the EU 5 Euroskepticism beyond Brexit http://www.pewglobal.org/2016/06/07/euroskepticism-beyond-brexit/ 6 A vote in which all the people in a country or an area are asked to give their opinion about or decide an important political or social question 7 The Paradox disliking the EU and voting remain https://medium.com/@theonlytoby/dealing-with-the-paradox-of-disliking-the-eu-and-voting-remaincd8bac263f6a#.si0004fc6 8 Referendumania http://www.economist.com/news/europe/21699146-direct-democracy-spreading-across-europe-not-always-good-thingreferendumania 3
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protection of privacy, when such tools are in use9. Can e-democracy10foster real-life, offline political participation or will it be confined with online forums and social media? Lately, concerns have been raised over EU actions to reignite public’s passion in politics. The European Citizens Initiative11 plays a key role in this process. Launched in accordance with Article 11 of the Lisbon Treaty, it gives Europeans the chance to shape EU policy by proposing issues that think are in need of EU regulation. Once such initiatives are registered online, at least one million citizens from seven Member States (with quotas for each MS) have to sign so as for the initiative to be called successful to be presented to the EP and the EC. The pressuring time frame though for the collection of signatures (1 year after registration), the user unfriendly environment, the difficulty in collecting online votes and the EC’s freedom to choose to act accordingly are just a few reasons why the ECI has yet to rise to its civic participation potential12.
KEY ACTORS Citizens: the democratic states need citizen participation for the functioning of the representative parliamentary system. Therefore their decision on participation/non-participation plays an important role. The European Parliament does not formally possess legislative initiative, as most national parliaments of the EU Member States but forms the democratic basis of the EU. The European Commission is responsible for proposing legislation, implementing decisions, upholding the EU Treaties and managing the day-to-day business of the EU13.
MEASURES IN PLACE The EU has a long history of inviting citizens to take part in the decision-making process. The Treaty of Maastricht14validated the European citizenship and also citizens’ right to vote and 9
Citizens’ participation in the digital age: e-democracy http://europeanmovement.eu/citizens-participation-in-the-digital-age-e-democracy/ 10 E-democracy makes use of digital tools in order to promote civic participation and engagement in all phases of legislative procedure 11 The European Citizens’ Initiative http://ec.europa.eu/citizens-initiative/public/welcome 12 The European Citizens’ Initiative – Brussels, we have a problem https://social.shorthand.com/SkrzypekMagda/jgYfTFNRyY/european-citizens-initiative-brussels-we-have-a-problem 13 European Parliament- Legislative Powers http://www.europarl.europa.eu/aboutparliament/en/20150201PVL00004/Legislative-powers 14 Treaty of Maastricht on European Union http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3Axy0026
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petition the EP, which acquired co-decision power with the Council of EU. In 2009 with the ratification of the Treaty of Lisbon15, the EU went under institutional transformation; this codecision ‚formation‛ became the ordinary legislative procedure and the powers of the EP were vastly enhanced. Decisions shall be taken as closely to citizens as possible and by introducing the European Citizens Initiative16 (ECI), citizens can now participate in the process themselves. Apart from the ECI, the EU has set up specific tools to strengthen civil participation – public consultations over proposing legislation, petitions and formal complaints17. Horizon 202018, the leading research and innovation program of the EU, provides funding to research activities that also include social sciences and explore the ways of civic engagement in politics. In addition, the EU Youth Strategy19 specifically targets the youth’s involvement with politics and civil society organizations. Lastly, the Europe for Citizens Programme20 aims at sparking the public’s interest and participation in democratic processes through funding of projects that abides by its aims.
CONCLUSION Democracy < demos (people) + kratos (power). A regime, an idea, a way of life born and evolved in ancient agora, where informed Athenian citizens took their city’s matters in their own hands. Now, 2,5 millennials later, that idea seems alluring and enchanting, yet far away. As power hubs remain isolated and decisions are made behind closed doors, demos loses interest in politics and transforms into a token of the powerful elite. The way for demos to return to its former glory lies within him. In 1969 Sherry Arnstein proposed his famous ladder of participation21, an 8 rung ladder passing from non-participation to tokenism to citizen power: ‚ A simple ladder showing the true power of a person fully informed, ready to take initiative and determined to make a change – a person who does not resort to being a passive listener‛. Climbing his way up the ladder though, demos needs the right equipment for this specific task. Specialized tools provided by the community itself (acting upon national or a pan-European level) so as to help him change the community itself. Is it time to take that first step? Are we ready to reincarnate from people to true citizens? What role does the EU have in this process? 15
Treaty of Lisbon, A more democratic and transparent Europe http://ec.europa.eu/archives/lisbon_treaty/glance/democracy/ 16 The European Citizens’ Initiative http://ec.europa.eu/citizens-initiative/public/welcome 17 European Commission, Contribute to law making https://ec.europa.eu/info/law/contribute-law-making_en 18 European Commission, Europe in a changing world - Inclusive, innovative and reflective societieshttps://ec.europa.eu/programmes/horizon2020/node/85 19 European Commission, Participation in civil society http://ec.europa.eu/youth/policy/youth-strategy/civil-society_en 20 European Commission, The ‚Europe for Citizens Programme‛http://ec.europa.eu/citizenship/about-the-europe-for-citizens-programme/future-programme-2014-2020/index_en.htm 21 ‘A ladder of citizen participation’ by Sherry R Arnsteinhttps://lithgow-schmidt.dk/sherry-arnstein/ladder-of-citizen-participation.html
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USEFUL LINKS A list of EU civic participation tools in place -https://ec.europa.eu/info/law/contribute-lawmaking_en European Citizens Initiative http://ec.europa.eu/citizens-initiative/public/welcome?lg=en An assessment on the Union’s current state and milestones https://www.cato.org/publications/economic-development-bulletin/european-union-criticalassessment Breaking down myths concerning EU’s democratic deficit http://www.princeton.edu/~amoravcs/library/myth_european.pdf An opinion on how modern democracies shall incorporate citizens to the legislative process http://www.swissinfo.ch/directdemocracy/boosting-participation_democracy-needs-more-thanelections-and-rule-of-law/43007202 An insight on online participation tools http://www.rand.org/blog/2014/05/the-european-democracy-paradox.html An analysis on the youth’s political participation (pages 6 - 12) http://eacea.ec.europa.eu/youth/tools/documents/perception-behaviours.pdf A call for the reform of the ECI http://www.euractiv.com/section/trade-society/opinion/reforming-the-eci-is-vital-for-europeandemocracy/ A call from members of the Parliament to MS authorities to enhance e-democracy https://www.youtube.com/watch?v=NjW0GB_S_Tg
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COMMITTEE ON CULTURE AND EDUCATION (CULT) What is ‚Europe‛? Is it a (sub)continent, a way of living, a concept, a myth, a dream or a hope, as Jacques Le Goff stated? With the far-right and extreme circles being more popular than ever, in the EU where to be or not to be European is a choice and not an imposition, how should the EU build a strong model for the 21st-century European citizenship? Chairpersons: Alina Khan (LU), Penelope Spania (GR)
KEY TERMS Multiculturalism is the presence of, or support for the presence of several distinct cultural or ethnic groups within a society. It is one of the foundations upon which the EU is based. Cultural heritage is a wide concept, an expression of living, thinking and acting developed by a group of people with the same values and customs including art, places, objects and history. Eurosceptic is a person who is opposed to increasing the powers of the European Union. This is inherently different from someone being anti-Europe as the latter suggests that the person has racist and/or xenophobic beliefs. European Integration isthe process of industrial, political, legal, economic, social and cultural integration of states entirely or partially in Europe. European citizenship can be defined, asany person who holds the nationality of a EU country is automatically also a EU citizen. EU citizenship is additional to and does not replace national citizenship. It is for each EU country to lay down the conditions for the acquisition and loss of nationality of that country. The Treaty on the Functioning of the EU confers citizenship of the Union directly on every EU citizen.22
RELEVANCE AND EXPLANATION OF THE PROBLEM Europe is a continent with nations with histories reaching back into the furthest points of history, with historical friendships and rivalries. Through time, the nations, that we have come to know today, have a well established, developed and rich cultural heritage. Furthermore, they aim to protect their individuality and unique identity. In today’s globalising world, where these countries are cooperating in one union tensions could rise as EU member states will evidently put their country’s needs first. European Commission, EU Citizenship http://ec.europa.eu/justice/citizen/ 22
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However, it also begs the question: is our orthodox definition of culture even relevant for the European Union? Should it be relevant? Or do we need to redefine what culture means for Europe? It seems that instead of integration, nations are leaning towards isolationism. With Britain’s unprecedented exit from the European Union, it is undeniable that there is a spreading sentiment of disillusion within Europe. The rise of far-right political parties such as Nikolaos Michaloliakos’ Golden Dawn23 or Marine Le Pen’s Front National24, the European Union’s threshold for tolerance is being pushed to its limits as it tests the foundations; the European Union was constructed upon. Now the question arises on how to bring the benefits of multiculturalism back into the limelight. Furthermore, redefining what it means to be European is not just about finding harmony in diversity, but it is also about bringing our common values into the foreground.
KEY CONFLICTS Culture invokes something powerful in people. Depending on your circumstances and your way of upbringing, you feel a sense of belonging and pride for your culture’s heritage, traditions and language. This is something that has been well established on a national level for Member States, but it continues to be a recurring issue on a European scale. Furthermore, the EU is fundamentally based on the promotion of cultural diversity but as one can see by the recent rise of far-right and populist political movements within Europe, this idea is being resisted growing number of Europeans. Another aspect of the problem is that due to the EU's focus on integration, and rising fears of immigration, Eurosceptic believe that national identities will be lost. Thus, the EU must ensure that this fundamental issue is duly treated and improved by working towards the preservation of European cultural heritage. Nowadays we are able to witness cooperation between institutions of different European countries. The 21st Century asks for common innovations and mobility amongst Member States. Keeping in mind that Europe started as a project of mutual and cultural innovation, EU must ensure that national identities will not be lost. This fundamental issue should be preserved and improved by working towards the preservation of European cultural heritage. In today’s world EU should go a little further to build a strong new model not only for the general European spectrum but for every Member State separately. The European model should be more approachable to States’ needs as one and each Member State should redefine each country’s national identity.
Neo-Nazi Golden Dawn march against migrants in Athens http://www.euronews.com/2017/01/29/neo-nazi-golden-dawn-march-against-migrants-in-athens 23
Marine Le Pen: Britain has shown France how to leave the EU https://www.theguardian.com/world/2017/mar/15/marine-le-pen-nigel-farage-britain-france-leave-eu-front-national 24
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KEY ACTORS European Commission is one of the main bodies of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. Member States represents a part of the Union. According to the Copenhagen Criteria, Member states respect the rule of law and human rights. They share the same rules, rights and responsibilities. Nevertheless, each country preserves its own identity. Every Member State’s citizen is automatically a European citizen. Creative Sector includes all artists, musicians, painters, people who base their life’s work on artistic creativity. They are essential for the cultural heart and identity of Europe. Eurosceptics includes the general public sentiment, far-right political parties with their main priority being leaving the EU.
MEASURES IN PLACE Treaty on the functioning of the EU: originally called the Treaty of Rome, the Treaty on the functioning of the EU is one of the two major EU treaties, along with the Treaty of the European Union. Article 167 of the Treaty on the functioning of the EU regards the culture of Europe and outlines the basic policy for the many cultures of the European Union.25 In other terms, EU promises to respect diverse cultures and help them flourish by encouraging cooperation between Member States. European Council on Foreign Relations (ECFR) is a pan-European, international think-tank that aims to conduct independent research; provide a safe meeting space for policy-makers, activists and intellectuals to exchange ideas, building coalitions for change and promote informed debates about Europe’s role in the world. In 2007, ECFR’s founders set about creating a council that could combine establishment credibility with intellectual insurgency. European Capitals of Culture (ECoCs)26is one of the EU’s most successful and best-known cultural initiatives. Two cities in two different EU countries are given ECoC status each year. The cities are selected by an independent panel of experts on the basis of a cultural programme that must have a strong European dimension, involve local people of all ages and contribute to the long-term development of the city.
Consolidated Treaties Charter Of Fundamental Rights https://europa.eu/european-union/sites/europaeu/files/eu_citizenship/consolidated-treaties_en.pdf#page=122 25
European Commission, the European Capitals of Culture https://ec.europa.eu/programmes/creative-europe/sites/creative-europe/files/library/ecoc-fact-sheet_en.pdf 26
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Creative Europe Programme is the European Commission's framework programme to support the culture and audiovisual sectors. Creative Europe is heavily funded and will serve to support Europe's cultural and creative sectors.
CONCLUSION ‚Unity in diversity‛ or ‚In varietate concordia‛ is the official motto of the EU. It stands for united Member States for peace and prosperity.The European Union is fundamentally based on the idea that one can find harmony in diversity, without losing its one, unique identity. Combining cultures, languages and traditions, Europe becomes stronger as a unity. As harmonious as the idea sounds, EU, as a whole is a massively grand challenge consisting of cultures and traditions that are not same but have major differences. Throughout the 21st century, those differences tend to expand more and more because of various reasons and influences that appear everyday. How can the EU protect its values? How should the EU avoid corrosion but on the same time face extremities? In a Europe full of diversity and conflicts, how can the EU survive? Taking into consideration not only the national identity of each EU country but the European identity as well, how can the EU align with the 21st century? How can the EU persist to its core values and upgrade at the same time? Here are some questions to stimulate your contemplation on the subject at hand: Europe may have started as an economic union but what has it become and what does it represent today? What should it represent? With Europe encompassing a multitude of cultures and nations, how can the EU ensure that all cultures are truly integrated within the EU? How should the EU facilitate the process of cultural exchange? How should the EU utilise culture to initiate a breakthrough in societal behaviour? In light of the current far-right political movements disturbing the idea of a united Europe, how can the EU ensure that Europe’s integrity will stay undamaged? How can the fear of Member States sovereignty be quashed when the future of the EU inherently dictates further integration?
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USEFUL LINKS Same Same, but Different http://en.theeuropean.eu/john-mccormick/7856-the-importance-of-a-european-identity Being European: what does it mean? -https://www.theguardian.com/society/2016/mar/20/europeuncovered-being-european-what-does-it-mean Euroscepticism on the rise across Europe as analysis finds increasing opposition to the EU in France, Germany and Spain -http://www.independent.co.uk/news/world/europe/euroscepticism-on-the-riseacross-europe-as-analysis-finds-increasing-opposition-to-the-eu-in-france-a7069766.html European Commission, The Development Of European Identity/Identities: Unfinished Business https://ec.europa.eu/research/social-sciences/pdf/policy_reviews/development-of-europeanidentity-identities_en.pdf European Commission, The EU Citizensâ&#x20AC;&#x2122; Agenda http://ec.europa.eu/justice/citizen/files/eu-citizen-brochure_en.pdf
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COMMITTEE ON HUMAN RIGHTS (DROI) An equal chance at love and law: Same-sex marriages in the EU. While considering the different perspectives and legal practices of the marriage between same genders in Member States, how should the EU deal with such disparities this yet very controversial topic whilst safeguarding the fundamental rights of LGBT people? Chairpersons: Eleanna Siozou (GR) & Triantafyllos Kouloufakos (GR)
KEY TERMS The acronym LGBT refers to a diverse group of people who do not conform to conventional or traditional notions of male and female gender roles. Members of the LGBT community are also sometimes referred to as ‚sexual, gender and bodily minorities‛. This community contains Lesbians, Gays, Bisexuals, Transgender (often also Intersexual). Sexual Orientation refers to each person’s capacity for emotional, affective and sexual attraction to, and intimate and sexual relations with individuals of a different or the same gender or more than one gender. Gender Identity refers to each person’s deeply felt internal and individual experience of gender, which may not correspond with the sex assigned at birth. Same-sex marriage refers to marriage between people of the same sex, either as a secular civil ceremony or in a religious setting. Family law is an area of law, which comprises the legal responsibilities for individuals tied with a family connection. It may include, among others, marriages, civil unions, domestic partnerships and child adoption.
RELEVANCE AND EXPLANATION OF THE PROBLEM In the last four years there have been significant changes involving same-sex marriage around the EU, with the most recent being the legalisation of same-sex marriage in Finland on the 1st of March 2017. With this, the total number of EU Member States that recognize same sex marriage will be brought up to eleven. However, taking into consideration that there are still 17 European countries in which same-sex marriage is not legal, how can the EU close the gap between the 28 Member States? The EU has recognized sexual orientation as a ground of discrimination, but the scope of provisions is limited. It does not extend to social protection, healthcare, education and access to
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goods and services as well as recognition of marital or family status. In this area, the legal practices vary, with some Member States allowing same-sex marriage, others allowing alternative forms of registration and others not providing any legal status for same-sex couples. Also the rights to "family" vary, as inheritance, health services, adopting children, accessing assisted reproduction or remaining unified after moving to another Member State may not be possible, depending on each country's legislation.
KEY CONFLICTS The matter of LGBT rights, as controversial as it is, has continually been triggering conflicts. The EU has favored the protection and promotion of human rights, including those of the LGBT community. However, the lack of relevant competence from the EU is by its own standards a main conflict. Furthermore, the divergent legislation regarding same-sex marriage around Europe cannot help but pose as a challenge for LGBT rights. In many Eastern European countries, the definition of marriage as a union for heterosexual couples is enshrined in the constitution. This confusing legal landscape creates several issues for same-sex couples. If they move from one European country to another, will their rights in terms of children guardianship, pensions, legal wills et cetera, be the same? Could their marriage be recognized across all Member States? Another example of legislative divergence is the different content that civil unions have in each Member State. In some countries the rights bestowed by the civil union include the right to heritage, for example, while in others the situation is not that transparent. Before arguing that a civil union would be a panacea for all problems, a more thorough look and harmonisation of the different legislations regarding these unions may be needed. Furthermore, a considerable challenge in overcoming disparities across the EU might be posing, as various religious institutions and leaders in many Member States remain incompatible with the idea of same-sex marriage and creation of a family. Many of those who take a particular position on same-sex marriage do so because of their beliefs about family. Some people also argue that a child has a right to grow up with a father and a mother, and to be raised in a homosexual household means denying that right, despite scientific studies 27 claiming that children raised by same-sex couples are equally capable of providing parenting to their children with no implications to their sexuality and their well being. On the other hand, other researchers claim that 28 girls who are raised apart from their fathers are reportedly at higher risk for early sexual activity and teenage pregnancy and those children without a mother are deprived of the emotional security and unique advice that mothers provide. Promoting the Well-Being of Children Whose Parents Are Gay or Lesbian http://pediatrics.aappublications.org/content/pediatrics/early/2013/03/18/peds.2013-0377.full.pdf 27
Does Father Absence Place Daughters at Special Risk for Early Sexual Activity and Teenage Pregnancy? http://gaymarriage.procon.org/sourcefiles/father-absence-special-risk.pdf 28
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KEY ACTORS The European Commission acts as the executive organ of the European Union and ensures the preservation of fundamental rights for everyone in the European Union, including LGBT people. The European Parliament exercises political influence over Member States, towards equality and the abolishment of discrimination against LGBT people. One of the informal intergroup, whofunction within it, is the Intergroup on LGBTI Rights29. The Intergroup monitors the situation regarding LGBTI discrimination in the European Union and acts as a voice, οn European level, regarding the concerns of civil society groups. Τhe European Union Agency for Fundamental Rights (FRA)30 is one of the decentralised agencies of the European Union and is the center of expertise regarding fundamental rights. It provides expert’s advice to the institutions of the EU and the Member States while helping to ensure the protection of the fundamental rights of people within the EU. Member States: According to Article 9 of Fundamental Rights of the European Union, Member States are exclusively responsible for establishing regulations concerning the right to marry, since that, according to the Article, depends on Member States National Legislation. ILGA-Europe31 is the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association, and Non-governmental umbrella organisation. ILGA works on two pillars: a) advocacy for human rights and equality for LGBTI people at European level and b) bolstering the European LGBTI movement through the supply of training and support on issues such as advocacy, campaigns, organisational campaigns and strategic communication. The European Court of Human Rights is an international court which rules on individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights. Through its decisions, the Court shapes human rights law in all its aspects and, among others, in the field of sexual orientation and same sex marriages.
Intergroup on LGBTI Rights http://www.lgbt-ep.eu/about/ 29
Fundamental Agency on Fundamental Rights http://fra.europa.eu/en/about-fra 30
European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association European http://www.ilga-europe.org/ 31
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MEASURES IN PLACE The European Union Charter for Fundamental Rights, in article 21 states that any discrimination based on any grounds of sex [...] or sexual orientation shall be prohibited. In the case of same sex marriages however, the EU has taken a distant stance. Directives, which protect against discrimination onthe basisof sexual orientation, such as the Framework Employment Directive32 and the proposal of a new anti-discrimination directive33, exclude from their effect the issue of same sex marriage. On the same note, the European Court of Human Rights has ruled that the European Convention of Human Rights cannot oblige Member States to legislate for or legally recognize same-sex marriages. It has however decided that a positive obligation is created for the Member States to provide legal recognition to same-sex couples. In addition, the EU Roadmap against homophobia and on grounds of sexual orientation and gender identity34 and the European Commission Communication for nondiscrimination and equal opportunities35are examples of key documents and programmes used to ensure equality and recommend future steps. Moreover programmes like the Rights, Equality and Citizenship Programme 2014-202036as well as The European Social Fund37provides funding on activities combatting discrimination based on sex and sexual orientation. Although the EU could adopt laws in certain aspects of LGBT rights, family law is, to a great extent, an area of national competence. Hence, the EUâ&#x20AC;&#x2122;s competence does not extend to the recognition of marital, family status or for the benefits granted for married couples. Regarding same sex unions, EU countries are separated in three categories: the ones that allow same-sex marriage (e.g. the Netherlands, France), the ones that recognise some form of civil union (e.g. Greece and Austria), and the ones that do not recognise any form of same-sex unions (e.g. Hungary and Lithuania).
Framework Employment Directive http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32000L0078&from=EN 32
Commission Staff Working Document accompanying the Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective ofreligion or belief, disability, age or sexual orientation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2180:FIN:EN:PDF 33
EU Roadmap against homophobia and on grounds of sexual orientation and gender identity http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A7-2014-0009+0+DOC+XML+V0//EN 34
European Commission, Communication for non-discrimination and equal opportunities http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52008DC0420&from=en 35
36
Rights, Equality and Citizenship Programme 2014-2020 -
http://ec.europa.eu/justice/grants1/programmes-2014-2020/rec/index_en.htm 37
The European Social Fund -
http://ec.europa.eu/esf/home.jsp
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CONCLUSION The EU supports the entitlement by all individuals, without discrimination, to enjoy the full range of human rights. As it seems the right for same-sex marriages has been left up to the Member States, with the EU stepping back on the topic. It is clear that, for the LGBT community to enjoy their right to marriage, further EU action is required. Action to grant equal rights to LGBT people within family law, action to harmonize the differences in same-sex marriage and the right to parenthood policies among Member States.
USEFUL LINKS A history of same-sex unions in Europe https://www.theguardian.com/news/datablog/2016/jan/24/a-history-of-same-sex-unions-ineurope The rights of LGBTI people in the European Union -http://www.europarl.europa.eu/EPRS/EPRSBriefing-557011-Rights-LGBTI-people-EU-FINAL.pdf Interactive map of ILGA regarding the LGBTI people rights in EU countries -https://rainboweurope.org/#1/0/0 Country studies for the project â&#x20AC;&#x2DC;Protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU, Comparative legal analysishttp://fra.europa.eu/en/country-data/2016/country-studies-project-protection-againstdiscrimination-grounds-sexual Should same-sex marriage be legalised across Europe? http://www.debatingeurope.eu/2017/02/08/should-same-sex-marriage-be-legalised-acrosseurope/#.WMl6DnlMRpg Council of the European Union Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexuals, Transgender and Intersex (LGBTI) persons https://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/137584.pdf
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COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (EMPL) Matching economic migration with the needs of the EU labour market; How can the EU absorb enough immigrants to counter growing labour shortages in an ageing Europe? Chairperson: Vayalena Drampa (GR)
KEY TERMS Economic migration is the act of leaving someone’s home country in order to live in a country with better living and/or working conditions. Quantitative labour shortages: When there is an absolute lack of workers in the labour market. Qualitative labour shortages: When there is a large share of unfilled vacancies, but qualifications of workers and the qualifications of vacancies are not matched, ex. skills shortage. Skills mismatch is an imbalance between demand and supply in the labour market of particular individuals’ skills, both in terms of the level and type of skills.
RELEVANCE AND EXPLANATION OF THE PROBLEM After five years of economic recovery, following the financial crisis that shocked the global economy in 2008, the European Union is faced with historically high numbers of unemployed workers, declining employment rates and rising levels of poverty and social exclusion 38. The surge of people seeking a better life in Europe has also caught almost all the EU governments on the hop. But, apart from the last influx of immigrants coming to Europe, the scope of labour mobility greatly increased within the EU/EFTA 39(European Free Trade Association, International organization of Iceland, Norway, Switzerland, and Liechtenstein) zones. According to the OECD, over the past ten years, immigrants represented 70% of the increase in the workforce in Europe, while new immigrants represented 15% of entries into strongly growing occupations, like health-care occupations and scientific occupations.40 What is also worth mentioning, is Europe’s ageing population. By 2050, the number of working-age people to European Commission 2015, Employment and Social Developments in Europe ec.europa.eu/social/BlobServlet?docId=14951&langId=en 39 OECD, Migration Policy Debates https://www.oecd.org/migration/OECD%20Migration%20Policy%20Debates%20Numero%202.pdf 40 OECD Social Employment and Migration Working Papers http://dx.doi.org/10.1787/5jzb8p51gvhl-en. 38
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support each pensioner will have shrunk from four today to only two, while the working-age population of the 28 EU countries would be expected to decline by 11.7 million (-3.5%) by 2020, and total employment by 5.4 million jobs.41 Nevertheless, the uncertain economic environment poses great challenges to both European and national policy makers. Growing labour market needs, according to ever growing competition and demographic increases, bring up the need of structural economic as well social changes, in order to comply with both the ever growing global competition, as well as the well being of European citizens, natives and migrants. Recent estimates suggest that as much as a quarter of the asymmetric labour market shock â&#x20AC;&#x201C; that is occurring at different times and with different intensities across countries â&#x20AC;&#x201C; may have been absorbed by migration within a year.42
KEY CONFLICTS The paradox that lies here is that, although right now Europe is being faced with high unemployment rates, at EU-28 level there is no evidence of quantitative shortages. Unemployment is high compared to the number of vacancies, indicating there are enough people seeking to be absorbed into the labour market to meet its demands. However, some countries have stricter labour markets than others, highlighting that the general landscape of labour demand and supply is unbalanced across the EU. These can be, apart from general financial discrepancies, geographical mismatches within countries, i.e. a shortage of workers in one region and a surplus in another region. Qualitative shortage, meaning lack in workforce complying with specific qualities or skills for certain positions, is also being noticed. For example, two in five companies claim to have difficulties recruiting people with the required skills to fill their open vacancies and many employees have difficulties to find a job which matches their qualification level. According to the European Company Survey of Eurofound (2013)43, however, skills shortages concern both skilled and low-skilled positions. That meaning that imbalances in supply and demand occur for different levels of educational attainment. Demographics of The European Union https://www.google.gr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwjUsKz2j9zSAhVCHxo KHWWKBiEQFggzMAM&url=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FDemographics_of_the_European_Union&usg= AFQjCNFI-pLwMKicmLid38CXPfFgGscX4Q 42 European Commission, Economic and financial affairs website - Notice to users https://ec.europa.eu/info/economic-and-financial-affairs-website-notice-users_en 43 Eurofund, European Company Survey 2013 https://www.google.gr/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwizvu0kdzSAhVD1hoKHcOhCHEQFggzMAM&url=https%3A%2F%2Fwww.eurofound.europa.eu%2Fsurveys%2F2013%2Feuro pean-company-survey-2013&usg=AFQjCNG1neW2MlbqdVs9AvdaGZ0Fi4gJuQ&bvm=bv.149760088,d.d2s 41
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Accompanying lack of skills, there is also a skills mismatch observed. That raises the question on how professional choices are being made by employees-to-be, and whether the educational systems across MSs have the right tools to provide for a more labour market adequate professional orientation. However, the occurrence of qualitative shortages and especially skill mismatches indicates that additional training and retraining is necessary to counter these shortages, which take time to have an effect. This implies that filling open vacancies with the unemployed is often not an option in the short-term and reducing the current labour market shortages is therefore not a quick fix for unemployment.
KEY ACTORS Although European Parliamentâ&#x20AC;&#x2122;s role has long been a purely consultative and supervisory one, it has always been active in the development of EU action in the field of employment and social policy, with a view to strengthening the EUâ&#x20AC;&#x2122;s capacity to combat unemployment and improving working and living conditions for all. The area of employment and social policy so, as well as education and training, are of shared competence between the EU and the Member States. Both can adopt legally binding acts. The European Commission can thus be considered as one of the most important key actors, by bringing forward legislation relevant to the problem at hand. Member States are responsible for implementing EU legislation, enacting national legislation and working according to the EUâ&#x20AC;&#x2122;s guidelines when it comes to designing and financing professional sectors, as well as their own educational system. The Organisation for Economic Co-operation and Development (OECD) is an organisation comprised of 35 Member Countries from around the globe (North and South America, Europe and Asia-Pacific). The OECD monitors the events across its members, analyses data and makes recommendations for improvement to governments. That information is of great importance when working towards sustainability, economic growth, as well as the insurance that people of all ages can develop the skills to work productively and satisfyingly in the labour market of tomorrow. The European Commission also takes part in the work of the OECD, as a member with a status different than that of a country.
MEASURES IN PLACE Employment Package (launched April 2012) is a set of policy documents that focus on how the EU can achieve sustainable and inclusive growth in terms of employment issues, concentrating on
30
areas such as job creation, mobility, fiscal innovation and economic restructure. Europe 2020 is the EU's growth strategy with five ambitious objectives - on employment, innovation, education, social inclusion and climate/energy - to be reached by 2020. One of the flagship initiatives of the Europe 2020 strategy is Youth on the move, an agenda for new skills and jobs and a European platform against poverty and social exclusion. EURES is a cooperation network designed to facilitate the free movement of workers within the EU 28 countries plus Switzerland, Iceland, Liechtenstein and Norway. It co-operates with employers, public services, trade unions and other relevant actors in the labour market. Moreover, EURES has an important role to play in providing specific information and facilitate placements for the benefit of employers and frontier workers in European cross-border regions. European Social Fund (ESF) is Europe’s main tool for promoting employment and social inclusion – helping people get a job (or a better job), integrating disadvantaged people into society and ensuring fairer life opportunities for all. It does this by investing in Europe’s people and their skills – employed and jobless, young and old. EU Skills Panorama is a website launched by the European Commission presenting quantitative and qualitative information on short- and medium-term skills needs, skills supply and skills mismatches.
CONCLUSION While life expectancy grows more than ever, and birth rates fall accordingly, seems inevitable that the shrinkage of EU workforce in the succeeding years will cause social and fiscal imbalances, and, by extension, lower economic growth. Which are these areas to be improved upon in order to maximise the benefits of migration, making greater use of migrant skills and develop them, whilst adapting to labour market needs? What is more, while the EU labour market is being faced with a great imbalance between Member States, concerning sector or skills mismatch, how can the EU handle mobility and right working place allocation? What is the role that education holds concerning the mitigation of vacancy discrepancies, professional choices as well as adequate skill building? What kind of measures is needed in order to counter shortages and can they be countered in a EU-wide level? Also, given the fact that educational reforms and trainings are not a direct, shortterm solution, how can the situation be tackled so as to respond, both directly and long-termly?
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USEFUL LINKS Europe’s World- The refugee crisis: Europe needs more migrants, not fewer http://europesworld.org/2015/10/26/the-refugee-crisis-europe-needs-more-migrants-notfewer/#.WMp2pW-LTIW OECD, Migration Policy Debates, Is migration good for the economy? https://www.oecd.org/migration/OECD%20Migration%20Policy%20Debates%20Numero%202.pd f Video, explaining Economic Migration - https://www.youtube.com/watch?v=q-4yKLNIZO0 Article: Europe’s World - How could Europe tackle its growing skills shortage http://europesworld.org/2013/06/01/how-europe-could-tackle-its-growing-skillsshortage/#.WM1lXG-LTIU CEDEFOP - Skill shortages in Europe: Which occupations are in demand – and why http://skillspanorama.cedefop.europa.eu/en/news/skill-shortages-europe-which-occupationsare-demand-%E2%80%93-and-why-0 EURACTIV - The paradox of the European labour market http://www.euractiv.com/section/economy-jobs/news/eu-urged-to-address-paradox-of-highunemployment-and-skills-shortages/
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COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (ENVI) The ongoing war on drugs: with drug use not only affecting the health but also amputating socially a large part of the population and the illicit drugs market constituting a major element of criminal activity across Europe, can a common and less repressive drug policy succeed in eradicating the clandestine market and also integrating addicts back to society?
Chairpersons: Athina Karameliou (GR) & Ilias Mavromatis (GR)
KEY TERMS Recreational drug: any substance with pharmacological effects that is taken voluntarily for personal pleasure or satisfaction rather than for medicinal purposes.44 Illicit drugs classification: the United Nations classify narcotic drugs and psychotropic substances respectively in four schedules according to their therapeutic value, their risk of abuse and health dangers. While the European Union does not have drug classifications, its Council can require a Member State to put a drug under national control. Within their domestic legislations, some Member States distinguish between narcotic and psychotropic substances; others combine the two in a list that is based on the level of medicinal use or potential harm or create their own rapid classification system.45 Drug addiction is a condition characterized by an overwhelming desire to continue taking a drug to which one has become habituated through repeated consumption because it produces a particular effect, usually an alteration of mental status1. Drug treatment is intended to help addicted individuals stop compulsive drug seeking and use. Drug treatment can include behavioral therapy, medications, or their combination46. Drug trafficking is a global illicit trade involving the cultivation, manufacturing, distribution and
44
Mosbyâ&#x20AC;&#x2122;s Medical Dictionary, 9th Edition, 2009.
EMCDDA, Legal topic overviews: classification of controlled drugs http://www.emcdda.europa.eu/html.cfm/index146601EN.html#UN 45
National Institute on Drug Abuse, Principles of Drug Addiction Treatment: A Research-Based Guide (Third Edition) https://www.drugabuse.gov/publications/principles-drug-addiction-treatment-research-based-guide-thirdedition/frequently-asked-questions/what-drug-addiction-treatment 46
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sale of substances, which are subject to drug prohibition laws47.
RELEVANCE AND EXPLANATION OF THE PROBLEM According to the European Monitoring Center for Drugs and Drug Addiction (EMCDDA), one in four Europeans have tried illicit drugs in their lifetime 48, while an estimated 17.8 millions of young adults, aged 15-34 years old, have used drugs last year only, with males outnumbering females by a factor of two. The most commonly used drug is cannabis with around 1% of European adults estimated to be daily or near-daily users; the European average lifetime use and last year use of cannabis stands at 24.8% and 12.4% respectively49. Cannabis accounts for close to three-quarters of all drug-related offences, with possession and personal use being the most common charges, as well as for the largest share in value of Europe’s illicit drug market50. On the other hand, other drugs such as opioids are much more connected with drug-related deaths; 82% of all fatal overdoses originate from the use of opioids. Another byproduct of drug use are HIV diagnoses which had an average rate of newly reported diagnoses 3.1 per million population in 201251. Besides of the impact of drugs on crime and health, ‚drug use could be viewed as either a consequence or a cause of social exclusion ‛52. Likewise, social exclusion can result in drug abuse. Nevertheless, the relation between drug abuse and social exclusion is not necessarily a causal one, because social exclusion ‚does not apply to all drug consumers‛ 53. Illicit drugs come to Europe from a number of different places while others are produced in EU countries. Cannabis is produced in more than 176 countries with 4% of the worldwide production coming from Europe, while cocaine is mostly transported to Europe through West Africa. Most heroin in the world originates from the region of Afghanistan and it reaches central United Nations Office on Drugs and Crime, Drug trafficking https://www.unodc.org/unodc/en/drug-trafficking/ 47
EMCDDA, European Drug Report 2016 http://www.emcdda.europa.eu/system/files/publications/2637/TDAT16001ENN.pdf 48
Drug use in Europe: which are the most popular drugs? https://www.theguardian.com/news/datablog/2012/nov/15/drug-use-europe-most-popular-prevalent 49
Cannabis markets developments http://www.emcdda.europa.eu/topics/pods/cannabis-markets-developments 50
EMCDDA, European Drug Report out today — Europe’s drugs problem ‘increasingly complex’ http://www.emcdda.europa.eu/news/2014/3 51
Social reintegration and employment: evidence and interventions for drug users in treatment http://www.drugs.ie/resourcesfiles/ResearchDocs/Europe/Research/2012/N_Social_reintegration_and_employment.pdf 52
Social exclusion and reintegration-http://www.emcdda.europa.eu/system/files/publications/295/sel2003_2en_69679.pdf 53
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Europe through the Balkan routes starting in Turkey into Italy, Slovenia or Greece. Contrary to the drugs imported to the EU, ecstasy and amphetamines are mostly produced in the EU with the Netherlands, Belgium and the Czech Republic being the main producers54.
KEY CONFLICTS Drug abuse has a vast impact on many areas of society: worker productivity, crime, quality of life, health care utilisation, homelessness, prisons, child welfare and more. Every country’s approach to dealing with social and economic issues posed by illicit drugs – from the decriminalization of drug possession in Spain and Portugal to the zero tolerance policy in Sweden55 – is unique. Accordingly to the national approach on drugs go the penalties imposed for drug use, possession and supply. They vary from fines of €62 up to €1,250,000 and/or incarceration of 8 days (Luxemburg) up to life imprisonment (Malta)56. More often than not, the penalty is decided upon the nature of the offence and the nature of the substance. However, evidence shows that stricter policies do not necessarily guarantee a drop in drug use. Portugal, which has legalised the use of cannabis, has seen a reduction of lifetime prevalence while France, despite its strict regulations, still has one of the highest prevalence in the European Union57. The most common modalities of drug treatment in Europe are detoxification, opioid substitution, and inpatient and outpatient psychosocial interventions. Depending on the country, the funding of rehabilitation programs may come from public sources, private sources and social health insurance at a different rate. In Europe, governments are the main payers for drug treatment, providing more than half of the funding. The roles played by the various levels of government, however, differ between countries. On a different note, there is a growing tendency of realising the possible health benefits of marijuana and thus a number of Member States such as the Czech Republic or Italy that have adopted legislation legalizing the use of medical marijuana under prescription or under specific - medically approved - cases, while in other Member States, such as Greece, any use of European Commission, Drug Controlhttps://ec.europa.eu/home-affairs/what-we-do/policies/organized-crime-and-human-trafficking/drug-control/ic_en 54
Independent, Decriminalised Drugshttp://www.independent.co.uk/news/world/europe/portugal-decriminalised-drugs-14-years-ago-and-now-hardlyanyone-dies-from-overdosing-10301780.html 55
Precursor trafficking penaltieshttp://www.emcdda.europa.eu/html.cfm/index44396EN.html 56
Economist, Liberal Drug Policieshttp://www.economist.com/news/europe/21700648-liberal-drug-policies-have-spread-across-europe-some-earlyadopters-are-slipping-behind-not 57
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marijuana is legally considered an offence. However, this legalisation poses a question of drug supply since cultivation remains illegal in most Member States.
KEY ACTORS According to the Treaty of Lisbon, the European Parliament and the Council have a monitoring and informative role on drug policy, always in cooperation with the EU member states; they develop strategies, such as theEuropean Drug Strategy, which are non-binding but set the common directives and goals for them58. The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)59provides the EU and its Member States with factual, objective, reliable and comparable information at European level on drugs and drug addiction and their consequences. It aims to provide evidence to inform policymaking and guide initiatives to tackle drugs. The Horizontal Working Party on Drugs (HDG)60is responsible for leading and managing the European Council's work on drugs. It performs both legislative and general policy work in two main areas: drug supply reduction and drug demand reduction. This work is focused on three crosscutting themes: coordination, international cooperation, and research, monitoring and evaluation. The European Commission takes legislative or other initiatives in the fields of drug demand and supply reduction. Non-legal initiatives include e.g. giving preference to research and exchange of best practices that focus on any related drug policies. Civil Society Forum on Drugs (CSF)61is a broad platform for a structured dialogue between the Commission and the European civil society, which supports policy formulation and implementation through practical advice. The United Nations Office on Drugs and Crime (UNODC) is the United Nations lead agency in the fight against illicit drugs, international crime and terrorism. Together with the European Union, UNODC has launched a number of programs such as the â&#x20AC;&#x161;EU cocaine route programmeâ&#x20AC;&#x203A;62 to Drug Phenomenon and Frequently Asked Questionshttp://www.emcdda.europa.eu/attachements.cfm/att_118763_EN_TD3110542ENC-1.pdf 58
Europa, EMCDDA https://europa.eu/european-union/about-eu/agencies/emcdda_en 59
European Council, Horizontal Working Partyhttp://www.consilium.europa.eu/en/council-eu/preparatory-bodies/horizontal-working-party-drugs/ 60
European Commission, Civil Society Forumhttps://ec.europa.eu/home-affairs/what-we-do/networks/civil-society-forum-drugs_en 61
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Cocaine Route Program -
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combat drug trafficking worldwide and inside the EU. National Governments are responsible for developing their own domestic policy and legislation on drug use, possess and supply. For example, the Netherlands have not decriminalised the use and possession but show a tolerance for small quantities while others like Sweden have a zerotolerance policy.
MEASURES IN PLACE EU drugs strategy (2013â&#x20AC;&#x201C;20): On December 7, 2012 the EU adopted the EU drugs strategy, which does not impose legal obligation on EU Member States but promotes a shared model with defined priorities, objectives, actions and metrics for measuring performance. The key areas of the strategy are drug demand reduction and drug supply reduction. The strategy is carried out in two action plans, the first from 2013 to 2016 and the second from 2017 to 2020. Needle and Syringe programs (NSPs): Many European countries have adopted needle and syringe programs as a â&#x20AC;&#x161;harm reduction measureâ&#x20AC;&#x203A;. These programs include the provision of clean needles and injecting equipment as well as advice on minimising the hard done by drugs, tests and other healthcare facilities in an effort to reduce the transmission of HIV and other blood borne viruses such as hepatitis B and hepatitis C which are common among drug users63. Measures have also been taken in the direction of social reintegration for both former users and users in treatment.64 Strategies, which promote stability, employment opportunities and economic prosperity, are integrated but their monitoring and contribution has not been evaluated on an extensive level.
CONCLUSION The war on drugs is an issue more current than ever in the EU. While EU strategies call for collaboration and the set of common objectives on the issue, a wide range of approaches is present among Member States. Should there be given emphasis on prevention or punishing drug use, possession and supply? Different views of the issue commonly focus on punishment vs. tolerance, e.g. different http://www.cocaineroute.eu/about-us/ Avert, NSPs https://www.avert.org/professionals/hiv-programming/prevention/needle-syringe-programmes 63
EMCDDA, Social reintegration andemployment: evidence andinterventions for drug usersin treatment http://www.drugs.ie/resourcesfiles/ResearchDocs/Europe/Research/2012/N_Social_reintegration_and_employment.pdf 64
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penalties for every drug vs. decriminalization of possession, while each front holds its own views about the benefits and disadvantages of their approach. One of the main conflicts of these strategies is related to the recovery of the addict - physical and social. By which means can the EU help addicts overcome their addiction and effectively reintegrate in society? With a growing tendency of legalizing the use and/or possession of marijuana for medical or recreational reasons other aspects should also be determined. If possession is legal but cultivation and supply is not, how could the illicit trade on drugs be reduced? Should all Member States adopt a unanimous policy legalizing certain substances or would it be preferable for Member States to have their own domestic legislations?
USEFUL LINKS Prevalence maps â&#x20AC;&#x201D; prevalence of drug use in Europe http://www.emcdda.europa.eu/countries/prevalence-maps Cannabis economics: should Europe legalize marijuana? http://www.newslettereuropean.eu/cannabis-economics-europe-legalize-marijuana/ European Drug Report 2016: trends and developments in Europe's drug situation https://www.youtube.com/watch?v=hFUVhGrAkRI Comparing penalties for drug use, personal possession and supply in European countries http://www.emcdda.europa.eu/topics/law/penalties-at-a-glance Conservative position on legalization https://www.theguardian.com/commentisfree/2014/feb/20/legalising-drugs-pro-drug-liberalsside-effects-children-experiment
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COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY (FEMM) The slippery slope: Prostitution policy in Europe. In consideration of the statistics that majority of the sex workers, either by coercion or consent, are women and girls; with different legislative approaches to prostitution in Member States, how should the national governments review their prostitution policies to reduce the negative consequences of prostitution? Chairpersons: Eirini Papadopoulou (GR) & Aleksa Antić (RS)
KEY TERMS Prostitution is the act or practice of engaging in sexual relations with someone in exchange for money or other valuables. Human trafficking is the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion or the abuse of power or of a position of vulnerability, for the purpose of exploitation. Violence against women(As defined by the United Nations) Any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Exploitation is the use or manipulation of another person for one's own advantage. Procuring (prostitution) is the facilitation or provision of a prostitute or sex worker in the arrangement of a sex act with a customer. Regulationism is one of the three prevalent approaches to prostitution: both ‚outdoor‛ (street prostitution) and ‚indoor‛ (brothels) prostitution are legalised and regulated. Abolitionism is one of the three prevalent approaches to prostitution: prostitution is not prohibited. Procuring, however, it is criminalised. Prohibitionism is one of the three prevalent approaches to prostitution: all activities related to prostitution, such as procuring and brothel keeping, are criminalised. New-abolitionism is a newer approach: prostitution is not prohibited, except in brothels. However, as prostitution is considered to fall under ‘violence against women’, procurers and clients are also penalised.
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RELEVANCE AND EXPLANATION OF THE PROBLEM There is much argument and debate in society about the issue of prostitution. By definition, prostitution involves the selling of sex. Α pro-prostitution argument states, ‚where there are willing buyers and sellers, a market will exist, and no amount of vice police or moral lecturing will change that.‛ so then, shall we acknowledge that prostitution is a problem, but it is inevitable and irresolvable? The answer is, no. Since prostitution is closely related to human trafficking and violation of human rights, not only does it concern EU Member States, but it is also a worldwide issue. In the EU, 62% of victims of trafficking have been identified as victims of sexual exploitation 65, while at the same time, a study published in 2003 found that 89%66 of women engaged in prostitution, want to escape. The prostitution industry takes advantage of the fact that vulnerability remains the prime factor why women ‚choose‛ prostitution. The huge diversity in approaches to prostitution and all the activities related to it is completely problematic. In the EU, regulations about prostitution differ from country to country. While some Member States incriminate prostitution, others have already legalised it and regulated it. The social science question concerning laws against prostitution is whether these laws beget more good than harm or more harm than good. If they do more good than harm then they should be maintained; otherwise they should be repealed. A growing number of scholars believe that the laws against prostitution do more harm than good and the best way to deal with the sever issue of prostitution would be to legalise and regulate it. For instance, in Spain prostitution is legal. However, Spain does not set an example when it comes to sex workers’ rights and safety. In 2009 alone, Spain's Ministry of the Interior detected 17 international crime rings involved in sexual trafficking in Spain. Between January and April of this year, according to the newspaper ‚El País‛, the authorities identified 493 cases of women sold into sexual slavery.67 We should acknowledge that prostitution, when forced, is a violation of internationally recognised human rights such as equality, dignity and safety and it should be taken care of, urgently.
Trafficking in Human Beings and Gender – the EU Perspective,Cecilia Malmström - EU Commissioner for Home Affairs http://europa.eu/rapid/press-release_SPEECH-13-763_en.htm?locale=en 65
Melissa Farley, 2004, Prostitution is sexual violence. Psychiatric Times http://www.psychiatrictimes.com/sexual-offenses/prostitution-sexual-violence 66
Spain, the world capital of prostitution? http://www.independent.co.uk/news/world/europe/spain-the-world-capital-of-prostitution-2151581.html 67
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KEY CONFLICTS There are a number of conflicts, generated from whether or not the sex sector is a valid job sector and more specifically if prostitution is an acceptable occupation. Bearing in mind that 87% of sex workers are females68, one major key conflict presented by the topic, is the concern of womenâ&#x20AC;&#x2122;s rights and gender equality regarding prostitution. While some organisations suggest the moral, economic and social recognition of the sex industry, others view prostitution as a form of exploitation of or violence against women, that helps the creation of a supply of victims for human trafficking and thus, demand to put an end to it. Additionally, the legal status of prostitution varies from country to country, ranging from being permissible but unregulated, to an enforced crime, or a regulated profession. On top of that, banning prostitution tends to drive it underground making safe sex promotion and monitoring more difficult. Consequently, there is another contrariety on whether or not the criminalisation of prostitution would be an approved approach to the issue. Concerning that prostitution is often connected to criminal acts such as, drug use, violence, mental or physical abuse, societies should eliminate human rights violations in connection with prostitution, by protecting the members of the most vulnerable groups of citizens. That means that it is an urgent need to provide professional prostitutes with better working conditions and rights, in order to decrease the social stigma that already exist upon the sex industry. On the side, it would not be beneficial to make impulsive assumptions and decisions, as it is known that prostitution might be either voluntary or forced.
Prostitution legal and regulated. Prostitution legal and not regulated. Organized activities such as houses of prostitution and procuring prostitution are illegal. Illegal to pay for sex. Client commits a crime. Prostitute commits no crime. Prostitution illegal.
Sex Work in Europe - A mapping of the prostitution scene in 25 European Countries http://tampep.eu/documents/TAMPEP%202009%20European%20Mapping%20Report.pdf 68
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KEY ACTORS European Commission proposes new policies and legislation to the European Parliament and the Council, more precisely the Directorate General on gender equality, violence against women and human trafficking. EU competences concerning our topic are shared which means that the European Commission can propose new legislation only where the Member State didn’t act, and vice versa. In the European Parliament, the Committee on Women’s Rights and Gender Equality (FEMM) has the say on matters concerning women and gender equality. Council of the EU where the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) primarily tackle equality issues concerning our topic. The Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA) is responsible for monitoring the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings. National governments are the ones who are regulating legislation and funds concerning prostitution on the national levels. United Nations (UN) and the United Nations Office on Drugs and Crime (UNODC) are establishing protocols and publishing reports about gender equality, violence against women and human trafficking, all issues closely related to that of prostitution. Non-governmental organisations (NGOs), the most important being the European Women’s Lobby (EWL). The EWL is the largest association for women in Europe and works with around 200 NGOs. The EWL regularly establishes reports on the current regulations on prostitution and their outcomes.
MEASURES IN PLACE There are no pan-European measures in place, since every Member State has its own national strategy. Some countries criminalise prostitution completely, and some allow it under certain terms.69 Denmark - The buying and selling of sex is not criminal since 1 July 1999, except regarding children less than 18 years of age. Prostitutes can register themselves as independent workers, and can advertise.
A summary of the prostitution regulations in the EU member states http://www.europarl.europa.eu/hearings/20040119/femm/document1_en.pdf 69
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Finland - Prostitution is not criminal but local municipalities can prohibit street prostitution in their local laws. Since December 1999 prostitution is prohibited in public areas. To buy sex is however not criminal, except concerning children under 18 years of age. Greece - Prostitution is legal and highly regulated, but only in state-licensed brothels. Brothels are not allowed on a closer distance than 200 meters from public buildings. Ireland - All kind of prostitution is illegal- procuring, selling sexual services, keeping brothels and buying sex of underage persons. Portugal - It is not criminal to sell sex, only procuring and facilitating prostitution. The law does not mention male prostitution, only female. The exploitation of men is not criminal. Spain - Procuring and prostitution are not criminal, but it is criminal to force someone to work as a prostitute, to exploit someone's weak position by making them work as a prostitute and to stop someone to work as a prostitute.
CONCLUSION To conclude, prostitution, both legal and illegal, and forced and voluntary represents a moral, economic and socialthreat to women and our society in general, that is why EU needs to act now. We have to reduce the negative consequences of prostitution before the situation gets out of hand. However, one question still remains, and that is HOW? How can the EU increase the mental and physical safety of the women that have been engaged in prostitution? How can the EU respect both human rights of prostitution engagers and religious society members? How can the EU ensure the decrease of the social stigma for sex workers? How can EU fight against violence over sex workers including sexual assault and rape?
USEFUL LINKS Committee on Women’s Rights and Gender Equality (FEMM) www.europarl.europa.eu/committees/en/FEMM/home.html European Women’s Lobby -
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www.womenlobby.org A summary of the Prostitution Regulations in the EU Member States www.europarl.europa.eu/hearings/20040119/femm/document1_en.pdf Prohibiting Sex Purchasing and Ending Trafficking: The Swedish Prostitution Law papers.ssrn.com/sol3/papers.cfm?abstract_id=1966130 European Parliament, Trafficking in Women http://www.europarl.europa.eu/workingpapers/libe/pdf/109_en.pdf Sex Work in Europe - A mapping of the prostitution scene in 25 European Countries http://tampep.eu/documents/TAMPEP%202009%20European%20Mapping%20Report.pdf TED TALK - Juno Mac: The laws that sex workers really want https://www.ted.com/talks/juno_mac_the_laws_that_sex_workers_really_want
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COMMITTEE ON INTERNATIONAL TRADE (INTA) While Brexit and the Trump administration’s ‘America first’ economic policies are pushing new trade deals up the EU’s list of priorities, the Transatlantic Trade and Investment Partnership (TTIP) is being presented as the answer to recession in Europe and the US with promises of growth; major protests in France and the UK imply this might not be the case. How could the EU ensure that it reaps the advantages of free trade, whilst protecting the interests of domestic businesses and especially SMEs? Chairperson: Andreas Janssen (NL)
KEY TERMS Custom duties or tariffs are taxes collected on import or export by national custom authorities. Such taxes have two key goals: to raise income for governments and to give a market advantage to local companies, whose goods are not subject to import duties. A free trade agreement (FTA) is an agreement between two nations to reduce custom tariffs for import and export and increase trade between them. Examples of FTAs between the EU and foreign trade partners are the Comprehensive Economic and Trade Agreement (CETA) and TTIP. The Investor-State Dispute Settlement (ISDS) is a mechanism included in TTIP. It would grant companies the opportunity to sue governments for discriminatory practices. An ISDS tribunal would be a private court composed of three arbitrators: one appointed by the company, one by the state and a third agreed on by both parties. The Investment Court System (ICS) is a similar mechanism included in CETA. Unlike InvestorState Dispute Settlement (ISDS), the ICS court would be public, not be based on temporary tribunals and consist of independent judges. Conformity investment certificates are certificates agreed upon by both trade partners, confirming a certain product hold up to regulatory standards. It is included in CETA on areas such as electronic goods and machinery.
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RELEVANCE AND EXPLANATION OF THE PROBLEM ‘From this day forward it is going to be only America first. America first.’ During his inauguration, President Donald Trump made clear that he plans to protect national industries. One of his proposals even include a new ‘border adjustment tax’, imposing heavier tariffs on all imports to the United States.70 Since the US is the EU’s biggest export market, this attitude of protectionism is deeply worrying. Since July 2013, both parties have been negotiating the Transatlantic Trade and Investment Partnership (TTIP). The aim is to remove tariffs and other non-tariff barriers (NTBs) for companies on both sides of the Atlantic. Supporters of free trade have said this would reduce the costs of goods and services for consumers, create jobs and give smaller European businesses access to the US public procurement market.71 The current presidency could diminish chances of TTIP taking off in the near future. However, there are other markets open to the EU. While TTIP is still a work in progress, a similar FTA has already been concluded with the Canadian government: the Comprehensive Economic and Trade Agreement (CETA). CETA would remove 99% of all custom tariffs for European companies selling their goods in Canada.72 What is more, since more than 80% of US companies have a subsidiary in Canada, CETA could open up US-EU trade as well.73 Although the European Commission has stressed the need for increased free trade, both TTIP and CETA have received major criticism. Particular concerns are lower regulatory standards, a loss in market share for national industriesand the opportunity for big companies to sue national governments.74 This public controversy is nothing new: already in October 2015, a European Citizens Initiative called Stop TTIP now! was submitted to the European Commission after receiving more than 3 million signatures.75 Better trade has been made a top priority for the EU, not least because of a looming Brexit
Republican Border Adjustment Tax Plan Explained http://www.wsj.com/video/republican-border-adjustment-tax-plan-explained/FCB78D07-5B33-4F0E-944272BD3C8BC265.html 70
European Commission, How TTIP would affect you http://ec.europa.eu/trade/policy/in-focus/ttip/about-ttip/impact/ 71
European Commission, Creating new opportunities for your business -http://ec.europa.eu/trade/policy/infocus/ceta/ceta-explained/index_en.htm 72
Tens of Thousands of U.S. Firms Would Obtain New Powers to Launch Investor-State Attacks against European Policies via CETA and TTIP https://www.citizen.org/documents/EU-ISDS-liability.pdf 73
The disadvantages of TTIP https://www.government.nl/topics/ttip/contents/disadvantages-ttip 74
'Stop TTIP' activists hand EU 3mn signatures https://euobserver.com/institutional/130587 75
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possibly shaking up the European market.76 Since CETA has already been approved by the European Parliament and only awaits ratification by Member States77, now is a crucial moment to take a firm stance on how best to reap the benefits of free trade.
KEY CONFLICTS First off, the possible advantages of free trade. Supporters of CETA and TTIP have argued that FTAs will stimulate economic growth in Member States. Because tariffs and other barriers are removed, companies can sell their goods at lower cost, resulting in more revenue. This is then translated in more jobs and increased innovation. It would also allow companies to provide goods and services at a cheaper price, benefiting consumers. Contrary to popular belief, smaller businesses rather than multinationals stand most to gain. For them, FTAs would open the door to competition on markets abroad, significantly increasing their revenue. Additionally, TTIP and CETA would make it easier to apply for contracts on the USCanadian procurement market.78 Addressing concern that free trade would lower product standards, EU Commissioner Cecilia Malström has stated that governments’ rights to regulate ‘would be fully protected.’79 While CETA removes the need for expensive double testing, certain products would need a conformity investment certificate to enter the European market.80 All this is not to say they are no possible downsides of FTAs. Lower tariffs work both ways, and would allow large foreign companies toincrease their share of the European market,possibly outcompeting national industries. For instance, studies on TTIP have predicted the influx of cheap North American grain and meat could bring down many small and medium European farming industries.81 As a result, instead of creating a level playing field, free
What does Brexit mean for TTIP? http://www.euractiv.com/section/trade-society/opinion/what-does-brexit-mean-for-ttip/ 76
CETA: MEPs back EU-Canada trade agreement - http://www.europarl.europa.eu/news/en/newsroom/20170209IPR61728/ceta-meps-back-eu-canada-trade-agreement 77
European Commission, Creating new opportunities for your business -http://ec.europa.eu/trade/policy/infocus/ceta/ceta-explained/index_en.htm 78
European Commission, Commissioner Malmström makes the case for EU-Canada CETA agreement http://trade.ec.europa.eu/doclib/press/index.cfm?id=1412 79
European Commission, Creating new opportunities for your business -http://ec.europa.eu/trade/policy/infocus/ceta/ceta-explained/index_en.htm 80
TTIP: The downfall of EU agriculture? http://www.euractiv.com/section/agriculture-food/news/ttip-the-downfall-of-eu-agriculture/ 81
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trade could only increase the inequalities between large and small companies.82 An even more controversial part of these FTAs are the dispute settlement mechanisms. In TTIP, this was the ISDS, which was under fire for lacking transparency. It was duly replaced by the ICS, which MalstrĂśm said would protect government's right to regulate, but which critics argue would still allow companies to circumvent domestic laws by suing governments in international courts.83 This could seriously weaken Member Statesâ&#x20AC;&#x2122; stances on environmental and consumer protection.
European Initiative Against TTIP AND CETA https://stop-ttip.org/what-is-the-problem-ttip-ceta/ 82
Investment Protection: ISDS or ICS? https://www.peacepalacelibrary.nl/2016/05/investment-protection-isds-or-ics/ 83
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KEY ACTORS Small medium enterprises (SMEs), amounting to 99% of European enterprises84, could be either the biggest winners or losers when it comes to free trade. Breaking down trade barriers would open up foreign markets for local European producers, but could also see them outsourced by large foreign companies. Large, multinational companies (MNCs) already have the resources to sell their goods in foreign markets. Nevertheless, lower tariffs would allow them to generate more revenue and increase their market share, boosting employment and innovation. They are also far more likely to make use of the settlement dispute mechanisms. Member States reserve the right to regulate in public interest. They also strive to protect employment in their national industries. While the European Commission has stated the ICS will not threaten their ability to do so, this provision is still a subject of discussion in Member States. Critics claim that Member States might be forced to deregulate in order to reap the benefits of free trade. The World Trade Organization (WTO) is a global organisation regulating trade between nations, currently consisting of a 164 Member States, including the EU. The WTO provides the framework for negotiating FTAs; Member States in turn have to adhere to the WTO agreements. Any FTA between Member States has to be notified to the WTO. The Directorate-General for Trade (DG TRADE), as part of the European Commission, drafts laws covering trade in goods and services, investment and intellectual property. It is also responsible for drafting and negotiating FTAs, including CETA and TTIP. Those negotiations first have to be authorised by the Council of the European Union, and then approved by the European Parliament.85
Statistics on small and medium-sized enterprises http://ec.europa.eu/eurostat/statistics-explained/index.php/Statistics_on_small_and_mediumsized_enterprises#Main_statistical_findings 84
EU trade agreements http://www.consilium.europa.eu/en/policies/trade-agreements/ 85
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MEASURES IN PLACE The Common Commercial Policy (CCP) was established in the Lisbon Treaty (2009), making customs an exclusive EU competence86. Apart from trade in goods and services, foreign direct investment and trade in intellectual property also fall under the scope of the CCP. 87 Its aim is to remove barriers from international trade between Member States and other countries, while upholding competition between EU businesses.88 The EUâ&#x20AC;&#x2122;s New Strategy on Trade and Investmentwas proposed in 2015 by the European Commission. It aims to make trade policy more effective at delivering economic growth, as well as increase transparency in FTA negotiations.89 The Strategy also focuses on better involving SMEs in trade negotiations and work closely with SME bodies to lift barriers.90 Finally, there is a wide variety of funding programmes set up by the EU to help SMEs in different sectors, among them agriculture subsidies under the Common Agriculture Policy (CAP).91
CONCLUSION It is clear that free can have plenty of positive consequences for citizens, businesses and governments. However, measures are needed to protect European domestic businesses from being competed off the market. What further steps can the EU take to guarantee SMEs involvement in negotiating FTAs? And which stance should the EU take in the TTIP negotiations? Another provision that needs re-examination is the dispute settlement mechanism. How can governmentsâ&#x20AC;&#x2122; rights to regulate products be protected from legal cases by foreign companies? What improvements could be made to the ICS, or should this system be discarded entirely from CETA and future FTAs?
Consolidated version of the Treaty on the Functioning of the European Union - Part Five: External Action By The Union Title Ii: Common Commercial Policy - Article 207 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:12008E207:en:HTML 86
Common commercial policy http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV%3Aa20000 87
The EU Common Commercial Policy http://www.europeanlawmonitor.org/eu-policy-areas/the-eu-common-commercial-policy.html 88
Trade for All - New EU Trade and Investment Strategy http://ec.europa.eu/trade/policy/in-focus/new-trade-strategy/ 89
90
European Commission, Trade for all - http://trade.ec.europa.eu/doclib/docs/2015/october/tradoc_153846.pdf
EU funding https://europa.eu/european-union/about-eu/funding-grants_en 91
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Finally, setting up new FTAs could seriously benefit the European economy, providing good mechanisms are in place. What new markets could lie open to the EU?
USEFUL LINKS DG TRADE report explaining how trade negotiations are set up http://trade.ec.europa.eu/doclib/docs/2012/june/tradoc_149616.pdf Video on how the EU negotiates FTAs https://www.youtube.com/watch?list=PLqqHopNgujDZh__y9pCXSdHFUxyJj23Q4&v=S6DJAa_ha0 w List of ongoing EU FTA negotiations http://trade.ec.europa.eu/doclib/docs/2006/december/tradoc_118238.pdf An independent study assessing the benefits of EU-US trade (EU press briefing) http://europa.eu/rapid/press-release_MEMO-13-211_en.htm Fact sheet on CETA http://trade.ec.europa.eu/doclib/press/index.cfm?id=1567 Fact sheet on the effects of TTIP on trade in goods/services http://trade.ec.europa.eu/doclib/docs/2015/january/tradoc_152998.1%20Trade%20in%20goods %20and%20customs%20tariffs.pdf Services in TTIP, Helping Europe's services firms tap the US market http://trade.ec.europa.eu/doclib/docs/2015/january/tradoc_152999.2%20Services.pdf Commissioner Cecilia Malstrรถm explaining the ICS https://www.youtube.com/watch?v=w_uR9cFzhjs
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COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS I (LIBE I) Unity within diversity:the issue of freedom of religion and multiculturalism in Europe. While aiming the multicultural community aiming sharing set of universal values and considering â&#x20AC;&#x161;democracy,tolerance and human rightsâ&#x20AC;&#x203A; as the main identity characters of the EU what should Member States do to ensure the integration of minorities whilst respecting religious values and protecting their fundamental rights. Chairpersons: Elena Marro (IT) & Nikos Alexiadis (GR)
KEY TERMS Social Cohesion is the set of shared characteristics and elements that make a group of people function as a unit Assimilation is the process by which a person or a group's language and/or culture come to resemble those of another group. Freedom of religion is the right of a person to practice freely his religious rights acknowledged by the Declaration of Human Rights and also EU charter of Fundamental rights Integration is the incorporation of individuals of different religious, ethnic, and political groups as equals into a society. Multiculturalism is the coexistence of diverse cultures - including racial, religious, or cultural traditions- within a single country. National minority is group of people characterized by ethnic or cultural characteristic differing from the majority. They are identified by the institutions of the state and defined by citizenship. Principle of non-discrimination is a fundamental right according to the International Human Rights Law establishing a principle of equal treatment among people.92
Icelandic Human Rights Center, The right to equality and non-discrimination -http://www.humanrights.is/en/humanrights-education-project/human-rights-concepts-ideas-and-fora/substantive-human-rights/the-right-to-equality-and-nondiscrimination 92
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RELEVANCE AND EXPLANATION OF THE PROBLEM Cultural diversity: a defining characteristic of humanity. With the founding of the European Union many Europeans saw multiculturalism- the embrace of a diverse society- as an answer to Europe’s social problems. Today a growing number considers cultural integration to be a cause of current political, social and economic issues. Despite the EU motto- United in Diversity - history is getting repeated with far-right93 parties94 threatening democracy with hate speech and discrimination propaganda based on language, religion and ethnicity. For decades a great variety of political, cultural, religious, linguistic and other types of minority groups in have been victimized,marginalised and deprived of the right of self expression. Therefore, cultural diversity becomes a topic of contemporary importance with nowadays societies facing the problem of integrating minorities into a cohesive social whole. Past history and two World Wars demonstrated that segregation and social exclusion could only result in fragmented society, alienated minorities and resentful citizenries. What to do in order to enable cultural diversity to be considered ‚a source and a factor, not of division, but of enrichment for each society‛95? How to promote minorities’ integration while respecting their peculiarities and preserving their cultural identity?
KEY CONFLICTS The protection of minorities aims at fostering peace and security as well as the protection of human rights as stated in the European Convention on Human Rights (ECHR)96. According to the principle of non-discrimination and equality all nationals belonging to racial, linguistic, religious minorities shall enjoy a perfect equality with the other nationals of the state. However, some countries are reluctant to acknowledge right of minorities- such as the right of people to self-determination- because they might undermine national identity and cultural integrity. Furthermore, the recent Islamic terrorist attacks have catalyzed the debate about the integration policies and limits of tolerance causing a raise in public anxieties and spread of stereotypes concerning Muslim minorities. Security fears and negative perceptions have been sometimes exacerbated by the perceived marginalization of some groups of Muslims. Despite 93
Nationalists changing Europe -
http://www.bbc.com/news/world-europe-36130006 Prominent far-right parties https://www.nytimes.com/interactive/2016/world/europe/europe-far-right-political-parties-listy.html?_r=0 94
Council of Europe- Framework Convention for the protection of national minorities and explanatory –report https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016800c10cf 95
96
Council of Europe- European Convention on Human Rights -
http://www.echr.coe.int/Documents/Convention_ENG.pdf
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all Muslims condemn terrorism and over 60 percentages of them97 strongly feel that they belong to their country of residence, local population still feel their presence as a dangerous threat. As a consequence some countries such as France adopted religious dress restriction in public space and prohibiting all religious symbols in schools underlying their longstanding tradition of secularism98 as integral to the state structure. Additionally, a dissemination of false and misleading information about minorities and lack of appropriate knowledge about their cultural roots, traditions and habits lead to widespread intolerance. Such stereotypes and commonplaces might drastically affect several sectors of their social life including their business career and personal interactions. Nonetheless, taking public anxieties and their root causes seriously while protecting religious freedoms represents a core challenge. In addition to this, Europeâ&#x20AC;&#x2122;s landscape in matters of integration policies appears fragmented and diversified since the protection of minorities depends on municipal law. On this note, The Framework Convention for the Protection of National Minorities (FCPNM) adopted under the auspices of the Council of Europe that States are obliged to submit periodic reports for examination setting out a monitoring mechanism. Nonetheless, currently four Member States (Iceland, Belgium, Luxembourg and Greece) have not yet ratified the FCPNM and France and Turkey have yet to sign it. Moreover, neither the Framework nor international agreement contains a definition of what constitutes a national minority Therefore there is considerable latitude left to each State to establish the definition that will apply within its own jurisdiction and, consequently, to whom the convention will be put into practice99. Today European countries find themselves in front of an important juncture: integration or assimilation100. Is there a midway between the two? Is nowadays social fragmentation the result of a lack of proper integration or a racism-related problem101? All over Europe different states have followed distinct paths: the United Kingdom has sought to give various ethnic communities an equal stake in the political system, Germany has encouraged minorities groups to pursue separate lives causing the emergence of parallel communities, French has rejected multicultural policies in favor of assimilation ones. On the one hand, assimilation is a one way process implying absorbing the minorities into the views and costumes of the majority community. As strongly supported by the French politicians, the assimilation model treats every Integrating Europe's Muslim Minorities: Public Anxieties, Policy â&#x20AC;&#x201C;Responses http://www.migrationpolicy.org/article/integrating-europes-muslim-minorities-public-anxieties-policy-responses/ 97
98
What is Secularism? -
http://www.secularism.org.uk/what-is-secularism.html The Protection of Minorities and Indigenous Peoples Respecting Cultural Diversity http://www.mpil.de/files/pdf1/mpunyb_06_kugelmann_11.pdf 99
100
Difference Between Integration and Assimilation -
http://www.differencebetween.com/difference-between-integration-and-vs-assimilation/ Foreign Affairs- the failure of multiculturalism https://www.foreignaffairs.com/articles/western-europe/failure-multiculturalism 101
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individual as a national citizen, with the related duties and rights, rather than as a member of a racial, ethnic, religious, or cultural minority group. On the one other integration, differently from assimilation, is a two way process requiring both the minority culture and the host community to respect their mutual obligations and recognise each other as legitimate members.Interconnectivity between the groups, equal opportunities, intercultural dialogue, inter-ethnic spaces at local and national levels and multicultural education are some of the aspects characterizing this approach102. In conclusion, real integration is shaped primarily by civil society through bottom-up initiatives involving lower government levels, local commitment and civic participation. Minorities need to feel involved in the decision-making process and make their needs be listened through adequate political representation. Thanks to the spread of democratic ideas of equality of status and rights, minority communities demand equal treatment, including absence of discrimination, equality of opportunity, and equal right to participate in society as constituent parts of modern Europe.
KEY ACTORS The European Court of Human Rights is an international court rules on individual or state applications alleging violations of the civil and political rights set out in the European Convention on Human Rights.103 Civil society is theminority groups can be integrated as long as they are accepted as equal and legitimate members from the other citizens, establishing individual bonds and sharing a common sense of belonging. High Commissioner on National Minorities104 is part of the system of cooperation and consultation of the OSCE (Organisation for Security and Cooperation in Europe) acts to prevent ethnic tensions and hostilities over national minority issues. European Center for Minority Issues is an organization aiming to the consultancy and providence off important tools and knowledge to actors playing important role to minority
102
European Alternatives- Multiculturalism vs. Assimilation -
https://euroalter.com/2013/multiculturalism-vs-assimilation Minority Rights Under the Convention of Human Rights (Introduction and Rights under the European Convention of Human Rights page1-4) 103
http://www.ohchr.org/Documents/Publications/GuideMinorities7en.pdf 104
Organization for Security and Co-operation in Europe- High Commissioner on National Minorities -
http://www.osce.org/hcnm/33317?download=true
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issues.105 National governments are the protection of national minorities must be granted at a domestic level and it falls under municipal law. Non-governmental organisations (NGO)play an important role in raising the awareness on cultural diversity among the population, promoting dialogue with minorities through community initiatives and boosting social inclusion.106 The Council of Europe is an intergovernmental organisation aimed at protecting human rights, pluralist democracy and the rule of law107.
MEASURES IN PLACE During the past few years Europe faced several emergencies and humanitarian crisis, which are drastically threatening the EU integrity. Despite the rise of far-right parties within some of the Member States, the recent terrorist attacks and the anti-immigrant policies, the EU acted as protector of human rights and guarantor of equality.Fundamental measures such as the Universal Declaration of Human Rights108, Charter Of Fundamental Rights Of The European Union109and the European Constitutional Treaty (Lisbon Treaty)110condemn discrimination underlining the principles the European society should be based on. In the fight against injustice and disparity, the Racial Equality Directive111and the Framework Convention for the protection of National Minorities112play an important role deprivingany European Center for Minority Issues http://www.ecmi.de/about/our-mission/ 105
European Center for Minority Issues (NGOs) http://www.ecmi.de/information-services/enriched-links/getviewcatalog/67/ngos-non-governmentalorganisations/?no_cache=1 106
Minority Rights Center http://minorityrights.org/what-we-are-doing/ 107
The Council of Europe, Values, Human rights, Democracy, Rule of Law -
http://www.coe.int/en/web/about-us/values 108
The Declaration of Human Rights of UN -http://www.claiminghumanrights.org/universal_declaration.html
109
Charter of Fundamental Rights of the European Union -http://www.europarl.europa.eu/charter/pdf/text_en.pdf
110
Constitutional Law in European Union -https://en.wikisource.org/wiki/Treaty_establishing_a_Constitution_for_Europe
The Racial Equality Directive http://eur-lex.europa.eu/legal-content/LVN/LSU/?uri=celex:52008PC0426 111
112
The Councilâ&#x20AC;&#x2122;s of Europe framework convention for the protection of National minorities -
http://www.ohchr.org/Documents/Publications/GuideMinorities8en.pdf
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action of inequality, segregation and insult towards racial, ethnic, religious minorities. Additionally projects such as EMILIE113 raise public awareness about the different minorities living in Europe providing concrete examples of integration aimed exchange of good model of multiculturalism.
CONCLUSION Sixty years after the creation of the EU, Europeancitizens and their representatives wonder whether that Motto- Unity within Diversity- is condemned to remain Utopia or, in a near future, will be brought to life. In a precarious economic situation and in a climate of dramatically changes for Europe, minorities may face the contingencies of segregation and discrimination. Despite the fact that Europe has already stated its position and declared its main guidelines regarding its values and ideals, some Member States are still reluctant to implement those measures. Moreover, different approaches to the minority question fragment the EU panorama with some countries promoting integration of these in groups in the multicultural societies and others strongly supporting assimilation. Nonetheless, the EU strongly acts to shape a Europe deprived of any type of prejudice where Members share the same values and a common goal- to achieve fair, inclusive societies, where, regardless of race or religion, people feel themselves an equal part of the whole. The European population is addressed unanswered questions: from French secularism as pillar of laic society to British multiculturalism, are different policies in matter of minority integration jeopardizing the unity of the EU? How feasible is for some minorities to be integrated into the countries of residence considering that minority protection lays under national jurisdiction lacking a common European approach on this matter, what should the EU do in order to ensure the respect of human rights as well as the appreciation of cultural diversity as fundamental value?
USEFUL LINKS Commentary: French assimilation vs. British multiculturalism â&#x20AC;&#x201C; what integration model for Europe? -http://www.euractiv.com/section/security/opinion/commentary-french-assimilation-vsbritish-multiculturalism-what-integration-model-for-europe/ OSCE- National minority issues http://www.osce.org/national-minority-issues
113
EMILIE project -
https://fdb.europa-uni.de/de/projects/3fa1f99e-0878-e964-1dbf-eba51bbc339b
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Migration Policy Institute- Integrating Europe's Muslim Minorities: Public Anxieties, Policy Responses http://www.migrationpolicy.org/article/integrating-europes-muslim-minorities-public-anxietiespolicy-responses/ Unity and diversity in multicultural societies http://ilomirror.library.cornell.edu/public/english/bureau/inst/download/1parekh.pdf Minority Rights Europe Overview http://minorityrights.org/minorities/overview-of-europe/ EU policy bout rights of minorities http://www.eidhr.eu/files/dmfile/minorities-guide_en.pdf Minority rights(video) https://www.youtube.com/watch?v=0uc9g2CnJek Council of Europe, Promotion of Human Rights and protection of minorities https://www.youtube.com/watch?v=RiNzCZJnGqU Dutch Election Results http://www.telegraph.co.uk/news/2017/03/15/dutch-election-results-geert-wilders-andmarkrutte-vie-power/
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COMMITTEE ON CIVIL LIBERTIES, JUSTICE AND HOME AFFAIRS II (LIBE II) Failing attempt of the EU: Integration and Inclusion of Roma People. Whilst Europeâ&#x20AC;&#x2122;s largest minority group is still living below the levels of poverty line in their country of residence and highly discriminated across all Member States, what can the EU do to end the exclusion and ensure the integration of Roma people while protecting their social and economic rights? Chairperson: Sofia Magopoulou (GR)
KEY TERMS Roma is an Indo-Aryan ethnic group originally semi-nomadic, whose presence in Europe is a result of their diaspora starting in the 6th century. They identify themselves in different ethnic subgroups, such as Sinti, Kale and Travellers, based mainly on the territorial, linguistic and cultural differences. It is recognised as Europeâ&#x20AC;&#x2122;s largest ethnic minority. Ethnic Minority is a group within a community, which has different national or cultural traditions from the main population. Minority Protection is assuring the legal, administrative and institutional protection of fundamental human rights of minorities on the basis of international and European law principles. Integration can be defined as an act or process of the equal and unrestricted incorporation of people of different racial or ethnic groups in a society or an organisation. Inclusion is the idea that everyone should have the same treatment, take part in the same activities, and enjoy the same experiences including those who may have disabilities or other disadvantage. Discrimination can be defined as less favourable treatment of a person or a particular group of people based on various grounds. Xenophobia is a fear or hatred of foreigners, people from different cultures or strangers. Poverty is the state or condition of having little or no money, goods or means of support. Social and Economic Rights are fundamental human rights such as the right to education, the right to housing, the right to adequate standard of living and the right to health and are recognized and protected on an international and national level.
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RELEVANCE AND EXPLANATION OF THE PROBLEM In 1450 the Roma had travelled the entire Europe leaving behind their own marks of unique civilization and culture. Since then they make up Europe’s largest ethnic minority and have become an integral part of European society. Only a few thousand Roma survived the Holocaust and the Nazi concentration camps and they faced enormous difficulties when they tried to build their lives again. The mass killing of the Roma people was not even included in the Nurnberg trial and the crimes that were committed by the fascist regimes in other regions of Europe as well. Today it is estimated that 10-12 million Roma and Travellers reside in Europe, with 6 million of them being EU citizens114. In almost all cases of Roma establishment, they live in excessive poverty, without proper housing conditions and sometimes lacking even electricity and water. According to a European Union’s Fundamental Human Rights Agency’s statistics, 71% of Roma household live in severe poverty, while only 62% of the Roma population in Europe is currently unemployed and looking for a job115. Romaphobia and racism have constantly been increasing the past years both on a governmental level – with examples being France and the demolition of their shantytowns in Italy116- and on a societal level. The European Union recognised the problems that Roma Minority faces only in 2010 as a part of the Europe 2020 goals and has then implemented a Framework to coordinate the actions on protecting Roma’s fundamental human rights. Some Member States have already taken action on the field, such as Bulgaria or Spain, while others, such as France deported more than 30.000 Roma in the last 3 years117, have not made progress on the matter. Yet despite the efforts and the funding, little has been done to practically improve the lives of the Roma living under the poverty line. The on-going migrant crisis along with the rise of the far-right parties across the continent have exacerbated the situation in terms of discrimination and has removed the attention both on a national and on an international level from the problems that the minority still faces. The topic aims to find both new and innovative approaches to the integration policy of the EU on the field and how to ensure the proper implementation of the existing strategies and framework in order to take important steps towards a more inclusive and integrated European society.
EU and Roma, European Commission http://ec.europa.eu/justice/discrimination/roma/index_en.htm 114
Statistics on Roma Minority, European Union’s Fundamental Human Rights Agency, 2011 http://fra.europa.eu/DVS/DVT/roma.php 115
116
Ending segregation for the Eternal City's Roma population, Mike Dilien (30 April 2016) -
http://www.italianinsider.it/?q=node/3849 Thousands of Roma 'made homeless' in France in 2016, AnneallaSafdar, 2017, Al Jazeera http://www.aljazeera.com/news/2017/02/thousands-roma-homeless-france-2016-170207204706535.html 117
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KEY CONFLICTS The article 21 of the European Charter of Fundamental Human Rights states clearly that ‚any discrimination based on any ground such as *<+ race, colour, ethnic or social origin, genetic features, language, *<+ membership of a national minority, *<+ shall be prohibited‛. Dignity and equality are fundamental human rights established within the European Union and although the European Institutions have shared competence with the Member States regarding the protection of human rights, continuing discrimination against ethnic minority groups is observed.
Research on Discrimination of Roma, 2011, European Union Agency for Fundamental Human Rights
Though migration and nomadism have been bound up with Roma history, studies show that most of them are seeking for a place to belong and to make a living. After many centuries, a strong sense of discrimination and Romaphobia can be traced in all European countries leading them not to be welcome by any state they seem to migrate and a vast number of them being ‚stateless‛, without an identity. Therefore, they live under very bad housing conditions, often with no amenities such as electricity, and with limited access to the healthcare system.
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Statistics on Electricity Supply in Roma Houses in European Countries, European Union Agency for Fundamental Human Rights, 2011
Roma minority, though Europeâ&#x20AC;&#x2122;s biggest ethnic one, faces limited access to proper education and therefore a chance to enter the workforce, leading to high illiteracy and unemployment rates. Many Roma children are being segregated in various Member States, such as Slovakia, either by their placement in different schools or in school for children with special needs and are often offered inferior education widening the gap between them and the local communities. In many Member States, Roma represent an important number of the school-age population and therefore the future workforce, namely across the EU 37.5% of the Roma minority are under 15 when compared to the 15.7% of the EU overall rate and while the average age of Europeans is 40, the age of Roma is 25 showing that in total the Roma population is younger. A better integration of Roma in the educational system and later at the labour market could result in a positive economic outcome. Moreover, even though there are around 6 million Roma residents in the European Union and that both the Charter of the Fundamental Rights and specific directives imply the equal treatment of all EU citizens in all fields, the European Union Institutions tackled the problems faced by the Roma minority for the first time in 2011 within the â&#x20AC;&#x161;2020 Strategyâ&#x20AC;&#x203A;, while the Council of Europe has
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marked the issue of the Roma integration as significant since 1975. Placed on the margins of the society, Romaâ&#x20AC;&#x2122;s voices are not heard as they have a minimum political representation in the political system. Last but not least, though there cannot be concrete estimations on the funds that are allocated to projects promoting the integration and inclusion of the Roma minority, according to the European Social Fund such programmes represent 27% of its budget. Despite the help from the EU, when it comes to Member States, it seems that they have failed to allocate sufficient budgetary amounts for the Roma Inclusion and some of them even opt out from the national strategy assessment surveys of the European Institutions. Therefore, national strategies still seem to lack sustainable implementation.
KEY ACTORS In the efforts to promote and foster the Roma integration and inclusion participate a wide range of stakeholders, including the European Institutions, Member States, International Organisations, regional and local authorities, Roma communities and the civil society. The European Union Institutions act in order to provide a common European structure and funding and support the work of the Member States on the field in order the Roma to have the same access to the fundamental human rights as every citizen of the EU.The European Commission supports equal treatment of all EU citizens and fights discrimination by proposing Frameworks, Directives and Guidelines to the Council of the European Union and the European Parliament for implementation. The Council of the European Union first acknowledged the discrimination against the Roma Minority in 2009 and gave impetus for closer collaboration between the Commission and the Member States while it is responsible for adopting the Directives and Guidelines proposed by the Commission. Member States are responsible to implement their national strategies at a national and regional level and endorse and adopt the recommendations provided by the EU Institutions especially in the four key areas of employment, education, housing and healthcare. Regional and Local Authorities do essential work by ensuring the implementation of the national strategy of each Member State and facilitate projects such as the Eurocities Task Force, the Matrix Project and the Roma-net project for the exchange of good practices while the civil society plays a vital role in the design, implementation and evaluation of the measures of the Roma integration and therefore sustained efforts of engaging with the mainstream population are needed. Moreover, International Organisations with prominent examples being the Council of Europe, the United Nations, the World Bank and the European Investment Bank, play a key role sometimes in cooperation with the European Commission- in actively promoting the integration of Roma. Especially, the Council of Europe has been working in eliminating discrimination against the Roma since 1975 and through several projects and through some significant decisions from the European Court of Human Rights has achieved major steps towards it.
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Last but not least, the Roma involvement could not be ignored as they portray their concerns directly and disseminate information from European and national authorities straight to the Roma civil society as their empowerment comes directly from their active participation.
MEASURES IN PLACE As mentioned above, the Charter of the Human Rights of the EU clearly prohibits discrimination on any ground and it is the responsibility of the Member States to respect the Charter. Furthermore, the Council of the EU having regard on the Charter in 2000 an anti discrimination Directive (Directive 200/43/EC), implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. Moreover, the European Convention of Human Rights, entered into force in 1953 and on the article 14 reaffirms the non discrimination policy on every aspect of life and on every person despite the race, sex etc. Since then, several cases for the European Court of Human Rights and the court have examined discriminating acts against the Roma minority throughout Europe ruled against the perpetrators. As a part of the Europe 2020 Strategy, the first EU Framework for National Roma Integration Strategies was adopted in 2011 encouraging Member States to implement national strategies for the protection of the Roma minority. These plans had been aimed to eliminate the economic and social marginalization and focused on the integration in the fields of education, employment, healthcare and housing. After the Member States submitted their National Strategies, the European Commission published its conclusions in the Communication ‘National Roma Integration Strategies: a first step in the implementation of the EU Framework’ addressing the progress made in the four key areas, as well as in the fight against discrimination and in the use of funding. In June 2013, the Commission adopted the communication ‘Steps forward in implementing the National Roma Integration Strategies’ which mainly focused on the structural preconditions that are necessary for the integration of the Roma people in the European society, while in the same year theCouncil of the European Union adopted a Recommendation on effective Roma Integration Measures on Member States118. The European Union finances the projects aiming to the economic and social inclusion of the Roma. The funds for the integration projects in the field are mainly allocated either jointly by the European Commission and the Member States or directly managed by the European Commission. Moreover, through the European Structural and Investment Funds and, principally, the European Social Fund (ESF), European Regional Development Fund (ERDF) and the European Agricultural Fund for Rural Development (EAFRD), the EU provides European Court of Human Rights, Roma and Travellers http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32013H1224%2801%29 118
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funding on proposals in order to improve the living condition of vulnerable social groups, including the Roma Minority. The distribution and the management of the funds are under the responsibility of national authorities.
CONCLUSION Five years after the adoption of the EU Framework, progress is still slow and it is evident that much more needs to be done to broaden Roma’s healthcare and housing conditions, and reduce their educational and employment disadvantage. The European Union, torn between the migrant crisis and the economic one that is now going through, seems to have turned its back on Europe’s most against discriminated minority and despite the fact that the EU has allocated the largest amount of money available for Roma-targeted projects, yet the situation still seems to be not solved. Are the Member States autonomously able to implement their National Strategies and reach the Europe 2020 goal? How could the EU better build on the already existing framework and legislation in order to secure the inclusion and integration of Roma in the four key areas? What further steps can be taken towards a Europe of local societies, equality and understanding?
USEFUL LINKS Gypsies, Roma, Travellers: An animated History https://www.youtube.com/watch?v=Q6wSLfGBVGY Poverty and Roma in Central and Eastern Europe: A View from the World Bank, 2002, Dena Ringoldhttp://www.errc.org/article/poverty-and-roma-in-central-and-eastern-europe-a-view-from-theworld-bank/710 The struggle of the Roma: Europe’s most hated -https://www.youtube.com/watch?v=ALdlphTYdi4 Equality for Roma, Inforgraphic, Worldbank, 2016 http://www.worldbank.org/en/news/infographic/2016/01/20/equality-for-roma Unequal Access: Roma and the Healthsector, 2013, UNDP Research http://www.eurasia.undp.org/content/rbec/en/home/ourwork/hiv_aids/successstories/unequalaccess--roma-and-the-health-sector.html Factsheet on Roma and Travellers, European Court of Justice, 2017 http://www.echr.coe.int/Documents/FS_Roma_ENG.pdf
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Factsheet on Progress made by EU Member States in Roma Integration, 2015, European Commission -http://ec.europa.eu/justice/discrimination/files/roma_factsheet2015_en.pdf EU Policy on Roma Inclusion, European Parliament, 2016 http://www.europarl.europa.eu/RegData/etudes/ATAG/2016/579094/EPRS_ATA(2016)579094_EN. pdf
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COMMITTEE ON SECURITY DEFENSE (SEDE) With incidents of terror attacks in Europe for the last 2 years increasing and the evolving nature of acts of terror, what measures should the EU take, as a whole, to best defend its citizens while not betraying its core values? Chairpersons: Konstantina Bantavi (GR) & Levon Shoyan (AM)
KEY TERMS Terrorism is the calculated use of violence or threat of violence to inculcate fear, intended to coerce or intimidate governments and societies as to the pursuit of goals that are generally political, religious or ideological. It reaches more than the immediate target victims and is also directed at targets consisting of a larger spectrum of society. It is both mala prohibita (i.e. crime that is made illegal by legislation) and mala in se (i.e. crime that is inherently immoral or wrong). Counterterrorism incorporates the practice, military tactics, techniques, and strategy that government, military, law enforcement, business, and intelligence agencies use to combat or prevent terrorism. Counterterrorism strategies include attempts to counter financing of terrorism. Intelligence agencies are government agencies responsible for the collection, analysis, and exploitation of information in support of law enforcement, national security, military, and foreign policy objectives.
RELEVANCE AND EXPLANATION OF THE PROBLEM Terrorism is not a new phenomenon in Europe, but over the course of recent years, mainly due to the terrorist activity of self-proclaimed Islamic State, the level of threat has increased. The most notable terrorist attacks in Europe over the past years are Paris attacks in November 2015, Brussels bombings in March 2016, and Nice truck attack in July 2016. Terrorism poses a threat to people's security, to the values of democratic societies and to the rights and freedoms of European citizens. According to the most recent Terrorism Situation and Trend Report (TE-SAT)119, in the EU in 2015:
The report provides an overview of the failed, foiled and completed terrorist attacks that took place in the EU during 2015, and of arrests, convictions and penalties issued https://www.europol.europa.eu/activities-services/main-reports/european-union-terrorism-situation-and-trend-report-tesat-2016 119
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151 people died and over 360 were injured as a result of terrorist attacks; There were 211 failed, foiled or completed terrorist attacks in six Member States; 1,077 individuals were arrested for terrorism-related offences.
Concerning the above data and the recent terrorist attacks in Europe as well as the plethora of self plots uncovered in countries like Germany, Denmark and the United Kingdom, the overall terrorist threat to the security of the EU has increased over recent years and remains on a sharp upward trajectory. Recognising the existence of 2005 Counter-Terrorism Strategy120 and the launch of European Agenda on Security in 2015, what measures should the EU take to reform the counterterrorism model so as to ensure legally and practically a European area of internal security? How will the EU ensure that the relevant laws and measures will not undermine the fundamental rights and will not cause disproportionate and discriminatory treatment of foreigners, and ethnic and religious communities? Furthermore, terrorism is a threat that does not recognise borders and may affect states and people irrespective of their geographical location, what can the EU do to confront terrorism at both national and international level?
KEY CONFLICTS One of the main conflicts is the lack of cooperation between the national intelligence agencies that were originally set up to ensure security within national borders. While some of the national intelligence agencies would agree to share information, others would prefer withholding their data. The main reasons why countries are sometimes less inclined into exchanging sensitive data are protection of their national interests and avoiding risks associated with contradictions with the Schengen cooperation amongst Member States. As a result, it might lead to the exposure of the intelligence sources working for the cooperating countries’ intelligence agencies. Furthermore, an operational and substantial problem rises through the loss of a coherent and effective cooperation between several European institutions that are responsible for the counterterrorist policy. In this regard, the lack of harmonisation of criminal law, mutual recognition of MS's procedures and cooperation between them are other challenges within the topic. Counterterrorism is often described as a multifaceted policy 121, which includes measures ranging The EU Counter-Terrorism Strategy http://register.consilium.europa.eu/doc/srv?l=EN&f=ST%2014469%202005%20REV%204 120
OHCHR- Fact Sheet No.32: Human Rights, Terrorism, and Counter-terrorism http://www.ohchr.org/Documents/Publications/Factsheet32EN.pdf 121
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from border control and treatment of ethnic minorities to crisis management and defense transformation. Firstly, reaching a compromise between security and privacy of personal information challenges the topic. For instance, one of the most effective ways to detect terrorist travel is the exchange of passenger name information data, i.e. biometric data122. However, in this scenario, the privacy of all citizens is compromised. Therefore, with ongoing terrorist threats, it is crucial to find a balance between security and privacy. Secondly, another issue within the topic is the interconnection of counterterrorism policy in accordance with the protection of fundamental human rights such as free movement. For instance, according to some scholars, the EU Passenger Name Report raises contradictions with the Schengen logics and the rights and freedoms of citizens and residents of the EU 123. Thirdly, an important issue is detecting terrorism financing, which may be generated through legal or illegal means. Furthermore, combating the financing of terrorism raises legal, institutional, political and human rights issues124, such as introducing laws or regulations burdening private and public sector stakeholders in the name of countering the financing of terrorism without sufficient evidence or typologies that the burden is proportionate to the risk. Finally, some scholars and human rights’ organisations125 draw attention upon the possible infringement of human rights and equality regarding the recent EU law that qualifies ‘radicalisation’ and the consequent acts of political violence as terrorism. Various studies have shown that this continuum often leads to a situation in which ‘the non-national’ in terms of racial and religious backgrounds is encapsulated into a category of suspect, criminal or even terrorist. Thus, a security counterterrorism measure has an adverse effect on the rule of law and undermines pluralistic civil society. Effective counterterrorism measures and the protection of human rights are complementary and mutually reinforcing objectives, which must be pursued together as part of EU’s and Member States’ duty to protect individuals within their jurisdiction126.
A biometric is a physical or biological feature or attribute that can be measured. Through the technology of biometrics individuals are recognised by means of some set of individual traits, such as voice, eyes, or fingerprints. 122
The EU and its Counter-Terrorism Policies after the Paris Attacks http://www.feelingeurope.eu/Pages/EU%20counter%20terrorism%20responses.pdf 123
UN, Tackling the Financing of Terrorism http://www.un.org/en/terrorism/ctitf/pdfs/ctitf_financing_eng_final.pdf 124
Amnesty International - EU: Orwellian counter-terrorism laws stripping rights under guise of defending them https://www.amnesty.org/en/latest/news/2017/01/eu-orwellian-counter-terrorism-laws-stripping-rights-under-guise-ofdefending-them/ 125
International Centre for Counter- Terrorism, Links between terrorism and migration https://www.icct.nl/wp-content/uploads/2016/05/Alex-P.-Schmid-Links-between-Terrorism-and-Migration-ExecutiveSummary.pdf 126
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KEY ACTORS The European Commission (EC) plays an active role in a large number of fields related to the counterterrorism policy. Primarily, the EC is the main actor in proposing new legislative tools in the areas of the fight against crime. These proposals are the ground for the EU legislation on counterterrorism. European Police Office (Europol) is the European Union law enforcement organization that handles criminal intelligence. Its aim is to improve the effectiveness and cooperation between the competent authorities of the Member States in preventing and combating serious international organised crime and terrorism. The instruments of Europol in the fight against terrorism are the Counterterrorism Unit and the Counterterrorism Task Force that collects and analyses data on suspected terrorists, recorded in an Analytical Work File (AWF)127. The EUâ&#x20AC;&#x2122;s Judicial Cooperation Unit (Eurojust) aims to improve the coordination and cooperation amongst the investigators and prosecutors coping with serious international crime including terrorism and has convened meetings on how to improve judicial cooperation to fight terrorism. European Border and Coast Guard Agency (Frontex) helps the EU countries and the Schengen associated countries manage their external borders. It also helps to harmonise border controls across the EU. The agency facilitates cooperation between border authorities in each EU country, providing technical support and expertise. The International Centre for Counter-Terrorism (ICCT) is an independent organisation for the creation, collation and dissemination of information and skills relating to the legal and human rights aspects of counter-terrorism. ICCTâ&#x20AC;&#x2122;s work focuses on preventing and countering the violent extremism that leads to terrorism, and on the human rights and legal aspects of counter-terrorism measures.
MEASURES IN PLACE The Member States are committed to en masse fighting terrorism and providing for the best possible protection for its citizens. In 2005, the European Council adopted the EU counterterrorism strategy. It aims to combat terrorism globally while respecting human rights, and make the European continent safer, whilst allowing its citizens to live in an area of freedom, security and justice. In the same year, the Third Anti-Money Laundering Directive128 was adopted. It expressly extends the scope of the anti-money laundering regime to terrorist financing. 127
Analytical Work File (AWF) is a record of information on international terrorists provided by Member States.
Directive 2005/60/EC Of The European Parliament and of the Councilhttp://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:309:0015:0036:EN:PDF 128
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One of the EU priorities in the field of counterterrorism is to identify and tackle the factors, which lead to radicalisation and the processes by which individuals are recruited to commit acts of terror. To this end the Council adopted a EU strategy for combating radicalisation and recruitment to terrorism129. The protection of the EU citizens, the infrastructure and the reduction of vulnerability to attack is another key priority. This includes the protection of external borders, the improvement of transport security, the protection of strategic targets and the reduction of the vulnerability of critical infrastructure. In this area, the EU has currently adopted adirective regulating the use of passenger name record (PNR) data130 for law enforcement purposes. The European Council, Europol, and Eurojust are working to hinder terrorists' capacity to plan and organise, and to bring these terrorists to justice by focusing on strengthening national capabilities, improving practical cooperation and information exchange between police and judicial authorities (in particular through Europol and Eurojust), tackling terrorist financing and depriving terrorists of the means by which they mount attacks and communicate.Another specific measure is the establishment of a list131of persons, groups and entities involved in terrorist acts and subject to restrictive measures. The list includes persons and groups active both within and outside the EU. It is reviewed regularly, at least every 6 months. Тhe European Agenda on Security was launched in 2015 in order to ‚bring added value to support the Member States in ensuring security‛ by improving information sharing and the prevention of radicalisation of Europol’s European Counter Terrorism Centre (ECTC)132 officially started operations on 1st January 2016. Even before its launch, Europol was already connecting its information-exchange and -analysis capabilities to support investigations into the November 2015 Paris attacks. The European Arrest Warrant (EAW)133, introduced by the European Commission is now valid throughout all Member States of the European Union (EU). Being faced with a rise in threats such as cross-border crime and terrorism, yet not being able to agree on harmonisation of appropriate national legal countermeasures, the EU MSs decided to make mutual recognition the cornerstone Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism http://data.consilium.europa.eu/doc/document/ST-9956-2014-INIT/en/pdf 129
The EU Passenger Name Record (PNR) Directive http://www.europarl.europa.eu/news/en/news-room/20150123BKG12902/eu-passenger-name-record-(pnr)-directive-anoverview 130
Council Common Position of 27 December 2001 on the application of specific measures to combat terrorism http://www.europarl.europa.eu/news/en/news-room/20150123BKG12902/eu-passenger-name-record-(pnr)-directive-anoverview 131
Europol, European Counter Terrorism Centre – https://www.europol.europa.eu/about-europol/european-counter-terrorism-centre-ectc 132
EUR- Lex, More effective extradition procedures: European arrest warrant http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3Al33167 133
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of judicial cooperation. In essence, mutual recognition allows for the application of one Member Stateâ&#x20AC;&#x2122;s law on the territory of another Member States.
CONCLUSION The terrorist threat is increasingly diverse and geographically diffuse. It remains significant, complex, and very unpredictable. The current terrorist threat calls upon collaboration at a panEuropean level, the use of advanced technology and a common European anti-terrorism strategy. The exchange of security-relevant data by respecting its privacy should be mandatory. The current issue demands an act of course of solidarity between the Member States. It is in its own interests to build a bridge and a legal framework of cooperation and partnership between public and private sector (i.e. financial institutions). What is more, for any comprehensive counterterrorism strategy to be effective, civil society needs to be part of its development and implementation, as broad-based engagement between the state and Civil Society Organisations can help serve as an intermediate for addressing concerns between the state and the public in the context of specific counterterrorism actions. Finally, terrorism poses a direct threat to all countries and their citizens, regardless of their ethnic background, religion or belief. Nowadays, these threats can only be countered with international cooperation and a determined national action. Regarding to the recent attacks, the EU should reform its Counter-Terrorism Strategy in full compliance with international law, fundamental values and international human right standards.
USEFUL LINKS EU fight against terrorism http://www.consilium.europa.eu/en/policies/fight-against-terrorism/?lang=el List of publications and documents of Europol, concerning terrorism https://www.europol.europa.eu/crime-areas-and-trends/crime-areas/terrorism Response to foreign terrorist fighters and recent terrorist attacks in Europe http://www.consilium.europa.eu/en/policies/fight-against-terrorism/foreign-fighters/ List of European Parliament documents, concerning counterterrorism http://www.europarl.europa.eu/atyourservice/en/search?q=counterterrorism
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European Arrest Warrant: Implications for EU Counterterrorism Efforts http://static.cejiss.org/data/uploaded/13835988678450/Bures-European_Arrest_Warrant.pdf The EU as a Global Actor in Counter Terrorism http://www.culturaldiplomacy.org/academy/content/pdf/participant-papers/eu/GauriKhandekar-The-EU-as-a-Global-Actor-in-Counter-Terrorism.pdf FRONTLINE video on Terrorism in Europe http://www.pbs.org/wgbh/frontline/film/terror-in-europe/ EU counter- terrorism law opens door to discrimination and human rights abuses http://www.enar-eu.org/EU-counter-terrorism-law-opens-door-to-discrimination-and-humanrights-abuses The challenges of EU counter- terrorism cooperation http://europesworld.org/2016/12/12/challenges-eu-counter-terrorismcooperation/#.WM7SEKNh3PD
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