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1. EU reform is back on the agenda: The many drivers of the new debate on treaty change

Author:
Steffen Müller
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Institutional reform is back on the European Union’s agenda, with the European Parliament, the Commission and large member states like Germany and France all supporting changes to the way the EU operates. While opening the EU treaties is not without political risk and there is still no consensus on doing so among member states, this momentum for reform is unlikely to wane in the near future. There are several reasons for the new reform drive. In particular, reforms are intended to strengthen the EU’s democratic credibility, to prevent institutional erosion in a time of permanent crisis, to make the EU more resilient to blockades by individual governments, and to lay the groundwork for the accession of new member states. While some of the proposed changes could be achieved without treaty change, the number and variety of issues at stake entails the risk of getting bogged down in parallel debates and missing opportunities for package deals. The most efficient way to deal with the EU’s reform needs would therefore be the launch of a treaty convention.
Topic:
Treaties and Agreements, Reform, and European Union
Political Geography:
Europe

2. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland

3. Turbulence in arms control: Open Skies Treaty became a victim of the great power competition

Author:
Jyri Lavikainen
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Non-compliance and disputes between Russia and the US resulted in the US exiting the Open Skies Treaty. If Russia withdraws in response, European countries will lose an important source of intelligence.
Topic:
Foreign Policy, Diplomacy, Intelligence, and Treaties and Agreements
Political Geography:
Russia, United States, Europe, and North America

4. The Conflict over Aviation Emissions: A Case of Retreating EU Leadership?

Author:
Antto Vihma and Harro van Asselt
Publication Date:
02-2014
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Notwithstanding the incremental steps taken in October 2013, meaningful action on regulating international aviation emissions through the International Civil Aviation Organisation (ICAO) remains a distant prospect. The European Union (EU) must decide on its aviation Directive without the guarantee of a global market-based mechanism being agreed in 2016. The strong and uncompromising positions of countries opposed to the inclusion of foreign airlines in the EU's emissions trading system (ETS) are more related to a realist game of politics rather than to the design details of the policy instrument. The political and legal arguments against the European Commission's proposal to amend the EU ETS vis à vis aviation emissions are unconvincing. Europe should also insist on its own sovereign rights-such as the right to regulate international aviation in its own airspace-and consider ways of manifesting more assertiveness in the future in order not to create a precedent with the retreat in the Aviation Directive case. Otherwise, the EU ma y become vulnerable to pressure in other areas of regulation with extraterritorial implications, and the EU's credibility when faced with strong and coordinated external influences might be undermined.
Topic:
Climate Change, Health, Treaties and Agreements, and Infrastructure
Political Geography:
Europe

5. Iceland and Europe: Drifting further apart?

Author:
Baldur Thorhallsso and Alyson J. K. Bailes
Publication Date:
09-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Iceland applied for EU membership in 2009 at the height of the economic crisis. Four years later, a new government has put the application on hold: the majority of Icelanders are opposed to entry, but want to continue the accession process and put the results to a vote. Iceland's longer-standing problems with European integration stem from the issue of sovereignty in general, and maintaining control over fisheries and agriculture in particular. Since 2009, anti-European feelings have been stoked by the 'Icesave' dispute, while the prospective benefits of entry (including use of the euro) have been tarnished by witnessing the fate of other small states during the euro crisis. The new government proposes remaining a member of the EEA and developing relations with other world powers. But the US commitment to Iceland has weakened over the years, and 'rising' powers like China are unable, as yet, to solve the country's core problems. In terms of both its security and its standing within the global economy, Iceland is becoming more rather than less dependent on Europe over time. The question raised by the latest political turn is whether it will have to maintain that relationship from a distance, with limited control and with no guaranteed goodwill.
Topic:
Economics, International Trade and Finance, Political Economy, Regional Cooperation, Treaties and Agreements, and Financial Crisis
Political Geography:
United States and Europe

6. The WTO Under Pressure: Tackling the deadlock in multilateral trade

Author:
Marikki Stocchetti and Johanna Jacobsson
Publication Date:
11-2013
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Multilateral trade liberalisation is in crisis. The WTO's ambitiously named Doha Development Round has been ongoing for more than a decade. Only a few limited issues remain on the negotiation agenda. While the round is being increasingly declared dead even by WTO members themselves, the same countries are concluding deeper trade agreements than ever before. Such progress, however, takes place at the bilateral and regional level. Another major development is the appearance of deep regulatory issues on the trade agenda. The shift from customs tariffs to countries' internal policies requires a certain like-mindedness from negotiation partners and poses challenges for national decision-making policies. Developing countries have gained less from multilateral trade liberalisation than what they had hoped for. The shift towards more fragmented trade regimes makes them even more prone to remain bystanders in global trade. At the WTO's next ministerial conference in Bali, progress on agriculture, trade facilitation and the treatment of the poorest countries would give a much-needed signal that the WTO can still benefit all of its members.
Topic:
Economics, International Cooperation, International Organization, International Trade and Finance, Treaties and Agreements, and World Trade Organization
Political Geography:
Europe

7. Fighting climate change: A structural shift towards renewable energies requires concerted policy action

Author:
Patrick Matschoss
Publication Date:
03-2012
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
Renewable energies will be the major contributor to any future low carbon energy system and the share may be as high as nearly 80% of the world's energy supply by 2050. Renewable energies have vast potential but require a set of coherent policies to reach necessary deployment rates, because the market place neither accounts sufficiently for their climate change-related and wider benefits nor for the benefits of technological learning, making them appear less competitive than they really are. Renewable energies can be integrated in all supply systems and end-use sectors but at some point they will require investment and change. In electricity, an enhanced Pan-European network infrastructure (smart grid) would smooth variability and the remaining non-renewable generation capacity would be highly flexible. Energy security would be enhanced by greater efficiency and a broader and less import-dependent energy portfolio with less vulnerability to energy price volatility. Network stability needs to be addressed but some renewable energies are fully dispatchable and part of the solution. The transition to renewable energies is possible and beneficial, not only due to climate change but also because it serves energy security concerns and necessary infrastructure improvements. The EU's proposed long-term strategy concerning emission reductions and competitiveness, as well as the related legislation, is moving in the right direction and it is up to the member states to pick this up and push it forward.
Topic:
Climate Change, Economics, Energy Policy, and Treaties and Agreements
Political Geography:
Europe

8. Swimming in murky waters: Challenges in developing the EU's external representation

Author:
Piotr Maciej Kaczyński
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
In the area of external affairs, the Treaty of Lisbon has introduced a number of innovations into the functioning of the European Union. The initial phase of these innovations was in 2010 when two parallel processes took place. First, the set-up of the European External Action Service (EEAS) was negotiated and subsequently implemented. Second, a number of developments have taken place in the sphere of the EU's external representation. Soon after December 2009, when the new treaty entered into force, it became clear that it was wide open to interpretation. Since most actors continued to interpret the treaty provisions in their favour, the EU had to engage in difficult negotiations on several occasions. In fact, the new treaty impacts not only EU relations with third states and within international organizations, it also has a significant impact on the member states' relations with third states as well as on their representation within international organizations.
Topic:
Foreign Policy, Regional Cooperation, and Treaties and Agreements
Political Geography:
Europe

9. Between consensus and confusion: Institutional changes and policy challenges in the EU's development policy Post-Lisbon

Author:
Marikki Stocchetti
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Lisbon Treaty anchored the EU development policy at the forefront of the Union's external relations. For the development policy, this provides an opportunity to improve its own role and functions in relation to its own targets, as well as in relation to the Common Foreign and Security Policy and the trade policy. To take this opportunity, the EU development policy actors need to find a means and a vision in the context of the changing institutional landscape and the EU development policy overhaul. A stronger EU development policy as a part of the external relations equation depends on the EU development actors' capability to act jointly in the area of shared competency, and to define the policy's focus and content vis-à-vis the other branches of the EU's external relations. This is of utmost importance in the new institutional context that was formed to implement the Lisbon Treaty. Most notably, the European External Action Service (EEAS) risks inheriting the previous organizational challenges of the EU development policy and creating new ones. The EU Commission proposal 'Agenda for Change' (October 2011) still passes up the opportunity to present a strong vision for the development policy in the EU's external relations along the lines of the Lisbon Treaty. While enhancing the common agenda for the CFSP and the development policy is conducive to development policy objectives, it is alarming that the policy proposal turns a blind eye to the role of the EU trade policy.
Topic:
Development, International Trade and Finance, Regional Cooperation, and Treaties and Agreements
Political Geography:
Europe and Lisbon

10. The empowered European Parliament: Accommodation to the new functions provided by the Lisbon Treaty

Author:
Teija Tiilikainen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The European Parliament achieved full legislative powers when the Lisbon Treaty came into force, as most of those policy fields that had formerly been beyond the reach of the EP were duly added to these powers. In the implementation of the Lisbon Treaty, the EP's strengthened position is characterized as a vigorous promotion of arrangements favourable to its own position in the EU decision-making process. Important changes have taken place in the roles and functions of major parliamentary committees along with the extension of the EP's powers; the changes are most substantial in the Committee on Agriculture and Rural Development (AGRI) and in the Committee on International Trade (INTA). Concerns about the spread of undemocratic legislative practices and weaknesses in administrative capacities have been raised since the EP has been accommodated to its new powers.
Topic:
Democratization, Regional Cooperation, Treaties and Agreements, and Governance
Political Geography:
Europe and Lisbon

11. Legal order free of pillars: European Courts' jurisdiction in the post-Treaty of Lisbon setting

Author:
Janne Salminen
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
From the legal point of view, the most important change ushered in by the Treaty of Lisbon concerns the scope of the jurisdiction of the Court of Justice of the European Union. This was widened due to the dismantling of the pillar structure. As a general rule, the jurisdiction of the European Courts now covers previous third pillar matters as well, namely criminal law and police co-operation. The dismantling of the pillar structure did not, however, affect the Common Foreign and Security Policy. The Union Courts still do not have jurisdiction in this area. This rule has two important exceptions. Although the Area of Freedom, Security and Justice is communitarised and more coherent than before, the previous limits in its territorial scope, namely the opt-outs of the UK, Ireland and Denmark, did not disappear, so limits in the Courts' jurisdiction remain. The Treaty of Lisbon amendments did not change the fundamentals of the judicial doctrines, such as the direct effect and primacy of European Union law. Importantly, the application of these doctrines was widened instead, owing to the depillarisation. The Treaty of Lisbon amendments meant that the decisions of the European Council and European Union bodies, offices and agencies can be reviewed under the preliminary ruling procedure. The Treaty of Lisbon changed the much-debated criteria for the standing of non-privileged applicants in actions to review the legality of the European Union acts.
Topic:
Security, Foreign Policy, Treaties and Agreements, and Law
Political Geography:
United Kingdom, Europe, Denmark, Lisbon, and Ireland

12. Guardians of subsidiarity: National parliaments strive to control EU decision-making

Author:
Kaisa Korhonen
Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Lisbon Treaty encourages national parliaments to jointly forge a new node in the EU institutional architecture. National parliaments are given the right to control certain aspects of EU decision-making without the involvement of member state governments. Most importantly, national parliaments share the responsibility for ensuring that the subsidiarity principle is respected in all legislative matters of the Union.
Topic:
Regional Cooperation, Treaties and Agreements, and Governance
Political Geography:
Europe

13. Can the EU budget support climate policy in Central and Eastern Europe?

Author:
Anna Korppoo, Thomas Spencer, and Agata Hinc
Publication Date:
11-2010
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
In October 2010 the Commission released the long-awaited review of the EU budget, setting out the parameters of the debate around the next financial perspective, 2014-2020. The Budget Re view outlined a rather conservative programme for reform of the Cohesion and Common Agricultural Policy, largely envisaging the preservation of existing objectives and instruments. However, policymakers have also called for a stronger integration of EU climate policy with EU fiscal policy, particularly with regard to the Central and Eastern European (CEE) Member States; the budget has also been proposed as a mechanism to compensate for the potential loss of surplus Assigned Amount Units under the Kyoto Protocol. Likewise, the 20/20/20 climate and energy targets were placed at the heart of the EU 2020 strategy. The question therefore arises: What role should the EU budget play in supporting climate policy in CEE Member States?
Topic:
Climate Change and Treaties and Agreements
Political Geography:
Europe

14. Why the EU fails: Learning from past experiences to succeed better next time

Author:
Timo Behr, Toby Archer, and Tuulia Nieminen
Publication Date:
06-2010
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Contemplating the reasons for “EU failure” might appear odd at the current moment of time. If anything, the European Union finally seems to be putting its house in order. !e ratification of the Lisbon Treaty has ended the EU's decade long institutional impasse. For the first time in its history, the EU has appointed a President of the European Council and a powerful new High Representative for its Foreign and Security Policy. EU member states are in the process of creating a European External Action Service (EEAS) to represent their common interests abroad. And the list of countries knocking on the EU's doors seems to grow longer by the day. In light of these recent developments, as well as given the EU's historical success as a “peace project”, there seem to be few apparent reasons to ponder EU failure. Doing so, to some, might even appear counterproductive.
Topic:
Regional Cooperation and Treaties and Agreements
Political Geography:
Europe and Lisbon

15. The Dead Souls: How to deal with the Russian surplus?

Author:
Anna Korppoo
Publication Date:
09-2009
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The 10-15% reduction target by 2020 announced by Russia reflects neither the country's efficiency potential, nor modeled emissions trends. With emission reduction measures, Russia could commit to a target of ca. -30% by 2020. Transferring the surplus emission allowances Russia gained under the Kyoto Protocol due to the economic restructuring of the 1990s represents an extreme threat to both the environmental and market integrity of the Copenhagen agreement as it could be used to offset real domestic emission reduction measures in other countries. But it seems politically unlikely that Russia would join without transferring the surplus under the Copenhagen agreement. Countries should recognize the threat posed by the surplus, and offer a cooperative strategy to deal with it. However, pushing through a 'cancel or discount' approach to the surplus problem by three-quarter majority, which could be brought together without the co-operation of the surplus-holding countries, should be kept as a reserve strategy. More ambitious targets - beyond the 25-40% suggested by the IPCC - for the Annex I industrialized country group, especially for the surplus holding countries including Russia, could absorb the transferred surplus. However, given the current low pledges of Annex 1 countries, higher targets are unlikely to absorb the whole surplus, and therefore, a basket of approaches should be applied. To gain credibility on this issue of vis-à-vis Russia and to avoid Russia setting the tone, before Copenhagen the EU must adopt an internal solution to deal with the surplus of its new member states. If expecting to transfer the surpluses, the other surplus holding countries including Russia could announce national surplus use plans prior to the Copenhagen climate talks. In order to minimize a scenario of Russia blocking the Copenhagen process in the final hours, key countries should publically engage Russia on climate and the Copenhagen talks. Important Annex I countries, especially the US, should send very high-level representatives to Moscow like they have sent to China and India.
Topic:
Climate Change and Treaties and Agreements
Political Geography:
Russia, United States, China, Europe, India, and Asia

16. Russian pledge vs. business-as-usual: Impelementing energy efficiency policies can curb carbon emissions

Author:
Anna Korppoo, Aleksandra Novikova, and Maria Sharmina
Publication Date:
12-2009
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
In June 2009, President Medvedev announced that the Russian Federation could limit its greenhouse gas (GHG) emissions growth to-10 to 15% by 2020, compared to 1990 levels. In August 2009, this commitment was confirmed by the Russian delegation as Russia's midterm target. Russia further committed to limiting emissions by 22-25% in comparison to the 1990 level by 2020 in the EU-Russia Summit in Stockholm in November.
Topic:
Climate Change, Energy Policy, and Treaties and Agreements
Political Geography:
Russia and Europe