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12261. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland

12262. Europe-India: new strategic challenges

Author:
Karine Lisbonne de Vergeron
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The most recent India-EU summits, held on 15 July 2020 and 8 May 2021, significantly enhanced the strategic dimension of the bilateral relationship. India was one of the first countries to establish diplomatic relations with the European Union when representatives of the then EEC met with several Indian diplomats based in Europe in 1961. But it was not until much later that the first high-level summit between India and the EU took place in Lisbon in June 2000, marking the real beginning of meaningful bilateral relations. It was followed in 2005 by the launch of a “strategic partnership” between the two parties. The push to deepen bilateral cooperation in recent years is all the more important and necessary given that economic and political relations between Europe and India have long been better defined with individual Member States, rather than with the European Union as a whole. This has been reinforced by a certain inertia in the intensity of the bilateral link over the years, as EU-India bilateral summits, although annual in principle, were blocked between 2012 and 2016 and the negotiations launched in 2007 for a Free Trade Agreement are still ongoing. The strategic strengthening of Indo-EU dialogue over the past three years therefore marks an important turning point and underlines a clear commitment to move forward on major issues of common interest to move beyond piecemeal politics and give the bilateral relationship a more strategic, long-term focus.
Topic:
Diplomacy, Bilateral Relations, European Union, and Partnerships
Political Geography:
Europe and India

12263. The Covid-19 pandemic, what lessons for the European Union?

Author:
Sylvain Kahn
Publication Date:
12-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The European Council of 16th December 2021 once again focused on the public health situation and, more generally, on "work to strengthen our collective preparedness, response capacity and resilience to future crises". This includes learning as much as possible from the lessons of the pandemic as the Omicron variant spreads rapidly around the world.
Topic:
European Union, Crisis Management, Public Health, and COVID-19
Political Geography:
Europe

12264. The European Central Bank’s Monetary Policy Strategy Review: the key to a return to sustainable growth in Europe

Author:
Nicolas Goetzmann
Publication Date:
05-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 23 January 2020, a few weeks before the Covid19 pandemic began, Christine Lagarde, President of the European Central Bank (ECB), announced that a "strategy review" would be held with the aim of evaluating the monetary policy conducted since May 2003, the date of the last "review". Faced with an inflation rate significantly below 2%, whereas its objective is "below but close to 2% over the medium term", the ECB had no choice but to carry out such a procedure.
Topic:
Monetary Policy, Economic Growth, European Central Bank, and Sustainability
Political Geography:
Europe

12265. Sanctions, a privileged instrument of European Foreign Policy

Author:
Ramona Bloj
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The value of sanctions does not only lie in their effectiveness. Sanctions are often a means of sending a clear signal of disapproval, a foreign policy stance, more moderate than an embargo, less dangerous than military retaliation. It is thus halfway between inaction and violent overreaction. In this respect, it is not surprising that the European Union has made it a privileged instrument of its foreign policy
Topic:
Foreign Policy, Sanctions, and European Union
Political Geography:
Europe

12266. The Franco-Italian relationship on the eve of the Quirinal Treaty: between asymmetry and proximity

Author:
Gilles Gressani
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
Leonardo da Vinci, Mazarin, Dalida ... Since the Renaissance, and with astonishing continuity, the Franco-Italian connection has become a given in European history. The two States are shaped by similar political models and have comparable economic structures. They have experienced similar social crises, trajectories and a homogeneous sense of decline[1]. France, Italy's leading investor and third largest country for the establishment of Italian subsidiaries, is Italy's second largest trading partner and Italy is France's second largest trading partner: in 2019, before the Covid crisis, the volume of trade between the two countries was close to €90 billion. The interconnection and proximity between a significant share of the two populations is expressed by language, a certain lifestyle, the relationship to heritage, a common culture: Latin, Mediterranean, European. Reflecting on the relations between these two areas since the 17th century, three historians have recently taken up this old idea: France and Italy are "two sister nations" whose history is increasingly "intertwined[2]". This proximity, which seems so obvious, brings a paradox to the fore. Can we really say that within the framework of European integration there is a FrancoItalian dimension, in the same way as there is one that is Franco-German?
Topic:
Bilateral Relations, Regional Integration, Trade, and Asymmetric Relations
Political Geography:
Europe, France, and Italy

12267. Governance of the European Union: changing approaches without changing the treaties: A free proposal for reflection on the future of the Union

Author:
Jean-Dominique Giuliani
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The European Union has become part of the political landscape. Within the nations of the continent, integration is no longer criticised in principle, but it is so now in its conditions. The Union has established itself on paper. It must prove itself in reality. Yet its effectiveness in action is regularly challenged[1]. Thus, with regard to the fight against the Covid19 pandemic, the Commission has seen the main criticisms of slowness, bureaucracy and even lack of transparency focused on the European institutions, arguments which were already being levelled at it with regard to other policies such as competition or trade. This is the paradox of a European construction that is about to celebrate its 70th anniversary. It was on 18 April 1951 that the first European treaty was signed, the one establishing the European Coal and Steel Community. As it has become more and more accepted, it has been increasingly questioned. Its methods of action must adapt to a new era.
Topic:
Treaties and Agreements, Governance, and European Union
Political Geography:
Europe

12268. From the Barcelona Process to the Programme for the Mediterranean, a fragile partnership with the Pierre MIREL European Union

Author:
Pierre Mirel
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In Barcelona in 1995, the European Union and its southern partners[1] committed to making the Mediterranean basin an area of dialogue, exchange and cooperation, ensuring “peace, stability and prosperity.” Twenty-five years later, the southern shore of the Mediterranean faces immense challenges: governance, corruption, migration, terrorism, security, environment and climate, in addition to conflicts, geopolitical competition and external interference. This is the bitter assessment of the Commission and the High Representative of the Union for Foreign Affairs and Security Policy, Vice-President of the European Commission[2] in their Communication on a new programme for the Mediterranean. The civil wars in Algeria, Lebanon, Syria and Libya cannot, of course, be used to describe the EU's policy since 1995 as a failure. This would imply that the EU's policy has played a role that was not possible given the underlying forces at play in these regions. However, this policy has not lived up to the hopes it first raised. The Union has taken a succession of initiatives over the past twenty-five years, but the 'partnerships', 'privileged status' and other 'strategic agreements' have not been able to mask the shortcomings and lack of financial resources. Will the new programme, presented as 'ambitious and innovative', be able to respond to the challenges set?
Topic:
European Union, Partnerships, Arab Spring, and Regional Integration
Political Geography:
Europe, Middle East, and Mediterranean

12269. Participating in European sovereignty through law

Author:
Hugo Pascal
Publication Date:
06-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In the late 1980s, as the debate about the decline of American hegemony intensified[1], economist and political scientist Susan Strange emphasised the 'structural power' of the United States, understood as “the power to determine the frameworks of the global economy that has allowed it to choose and shape the structures within which other countries, their political institutions, businesses and professionals must operate”[2]. In Europe, the reputedly "extraterritorial" scope of certain US laws, illustrated by the heavy fines imposed by the American authorities on continental companies, could be considered as one of the most immediate manifestations of this power. It also appears to be a response to the new gap created by globalisation between a now deterritorialized market and regulatory States that are no longer homogeneous and superimposed[3], and this at a time when the institutions of international economic regulation often seem to be in deadlock. The growing interdependence between economies, enabled by globalisation and encouraged by free trade, has gradually eroded the markets established by borders to such an extent that the nation-State, conceived as the protector of a narrowly defined territory, could be considered a historically dated model[4], without a new body with a general scope having been able, to date, to replace it in its tasks, such as the fight against financial crime. In this new complex system, «new geopolitics of norms» has been created.[5] Europe must find its rightful place within it so that it can assert its sovereignty.
Topic:
Sovereignty, Law, Geopolitics, and Norms
Political Geography:
Europe

12270. Fit for 55: towards the achievement of an ambitious European political compromise for climate

Author:
Clémence Pèlegrin
Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The adoption by the European Parliament of the Climate Law on 24th June last and by the Council on 28th endorses the binding nature of the target to reduce greenhouse gas (GHG) emissions "by at least 55%" by 2030, compared to 1990 emission levels. After several months of sometimes heated dialogue between Member States, this adoption is a significant step forward in the EU's commitment to fight climate change under the Paris Agreement. On 14 July next, the ‘Fit for 55’ package, which is part of the Commission's work programme for 2021, will be published. This package will be presented in the particular context of the submission by Member States of their recovery plans and their assessment - and, where appropriate, support - by the Commission. This support is to be given with regard to compliance with the eleven assessment criteria defined by the Commission, two of which relate more specifically to climate and the environment. The first criterion concerns Member States' compliance with the 37% target for climate-focused expenditure. The second involves the respect of the “to do no significant harm” principle. For example, on 21st June, the Commission approved the Austrian recovery plan, which provides for 59% of recovery expenditure to be earmarked for the climate, well above the regulatory target of 37%. It is therefore in this context, which includes the confirmation of the Climate Law and the steering of recovery plans, that the future "Fit for 55" package will take place.
Topic:
Climate Change, Politics, European Union, and Carbon Emissions
Political Geography:
Europe