By Giorgia Spolverato
Is the risk of undergoing “inhuman and degrading treatments” enough to refuse the surrender of a prisoner from a European Union country to another?
The Court of Justice of the European Union (CJEU) tried to answer this question on the occasion of the joined cases Aranyosi and Căldăraru. Due to its functions as described in the Treaty on the Functioning of the European Union (TFEU), the CJEU was asked by the Higher Regional Court of Bremen (Germany) to give an interpretation of article 1, paragraph 3 of the European Arrest Warrant Framework Decision (EAW-FD), with a special focus on its compatibility with the prohibition of inhuman and degrading treatment included in the European Charter of Fundamental Rights. This measure was adopted in 2002 by the Council of the European Union to replace the outdated extradition procedure within the EU member states. What is relevant to us is that the new regulation tool is based on the principle of mutual recognition, which is one of the cornerstones of the European Union integration and cooperation process, especially in the fight against international crime. The principle entails a high level of mutual trust among EU member states. In the field of judicial co-operation in criminal matters, it basically means that a decision taken by an authority in one member state may be accepted as it is by another state. However, this supposed “blind trust” among the member states can cause complications in cases where the principle of mutual recognition clashes with other principles; as in the case at stake, the prohibition of inhuman and degrading treatment. Continue reading “European Arrest Warrant & Detention Conditions in EU Member States”
By Linda Piersma
Ever since the EU was diagnosed with a so-called ‘democratic deficit’, it has attempted to close the gap between the European elite and its citizens. At first, its communication policies were directed at providing information and ‘educating’ the public about Europe. However, since the mid-2000s, the EU has committed itself (in theory at least) to the idea of a true European public sphere involving genuine dialogue with its citizens. Via its ‘Europe for Citizens Programme’ (EfCP), the EU now supports various external projects to stimulate this two-way relationship.
A case in point is ‘Debating Europe’, a website created by the organization Friends of Europe, which seeks to stimulate a direct conversation between European citizens and their supranational politicians by connecting them on their online platform. Several of its debates are funded by the EfCP and citizens can engage in these debates by sending in questions or posting comments. Debating Europe then takes these questions to certain ‘European leaders’ like MEPs, policy-makers, academic experts or NGOs to have them respond. However, does Debating Europe actually succeed in its objective of encouraging honest debate and bringing together European leaders and their citizens? How is the interactive process shaped by all these actors?
Although research on the European public sphere has come a long way since the original Habermasian understanding of the term, I argue that the interaction between all these different actors asks for an approach that integrates both bottom-up and top-down perspectives. Especially in current-day digital society, traditional media, political actors and citizens are all involved in the online “production, distribution, consumption and discussion of political content on issues of societal relevance.” By understanding the European public sphere as a network of online and offline meaning-making, it becomes possible to see the intersections between EU policies, transnational media discourses and citizens’ practices. Continue reading “Bridging the Gap between European Citizens & Brussels?”
By Roberta Ragucci
The European Union is home to 60 regional or minority languages which are threatened and risk to disappear. Language can constitute more than just a communication tool, as it can be regarded as a bearer of culture and traditions. In such a culturally diverse environment, where the EU can be seen as an engaging multicultural mosaic, is the diversity constituting a key point for our sense of communality? Or is the presence of multiculturalism representing an obstacle for a potential homogeneity?
One of the most varied and endangered linguistic minorities in Europe is the Sami. The Sami is an indigenous people living today in a territory which extends on four countries (Russia, Finland, Sweden and Norway), in a region called Lapland. Sami livelihood and economy was mainly based on the reindeer husbandry, coastal fishing, and hunting. Thus, due to their need to follow reindeers, they have never lived in one and only big community, setting up several smaller communities instead. Consequently, their nomadic life led to the development of different Sami languages, at least ten, which cannot be classified simply as dialects of the same language. Nowadays, the Sami language which counts the larger number of speakers is the North Sami, followed by the Lule Sami and South Sami. It belongs to the finno-ugrian linguistic family and it is commonly divided into three branches, depending on the grade of mutual intelligibility they can reach.
Since the establishment of borders in the Scandinavian peninsula and Russia, the Sami population quickly became a minority and encountered all the correlated difficulties as, for instance, the prohibition to speak their own language and the obligation to learn the new majority (“national”) languages. This was a consequence of the development of the agricultural activities, which implied a progressive settlement in the most Northern-most areas where the reindeers used to graze, and the wish to reach a certain homogeneity amongst the territory after the drawing of new borders. Thus the Sami people was considered a threat to the in-borders safety and homogeneity of the now “national” population. Continue reading “The EU & Minority Languages Promotion”
By Katharina Geiselmann
The Polish Sejm has passed a Law at the beginning of this year, which makes it illegal to blame Poles for any crime committed during the Nazi occupation. Even though it also covers crimes committed during the Communist era (and war crimes by Ukrainian nationalists), it came to be known as “The Holocaust Law” in the debate that it sparked all around the world. This shows not only the sensitivity of the topic of the Holocaust, but also that 73 years after the victory over the Nazis, it seems the different Holocaust narratives are rather dividing than uniting Europe. Can, and should a consensus be reached when it comes to Holocaust memory? Or is the motto united in diversity a legitimate solution for the European memory? Especially the latest EU-enlargement challenges the concept of a common European memory, as the Western countries have agreed on their memory more or less, while new members have not been included yet, and bring other, fresher memories to the table: the communist past. Considering that the Holocaust, however, is said to be part of the European memory as negative founding myth, in cooperating Eastern narratives and agreeing on what and how the Holocaust is to be remembered is an integral part of the integration process. Continue reading “Interpreting the Polish “Holocaust Law””
Imagine how the map of the European Union could look like in 2030. A compact conglomerate of Member States, with only two small black holes – Switzerland and the Russian exclave of Kaliningrad. Oh, three actually: Great Britain will have become the third one by that year.
While the UK is slowly putting out to the sea, definitively leaving the well-known harbor of the European Union, there are some countries which are struggling to join those that might seem safe and still waters. Lucky for them, they do not have to cross any stormy sea, as they are in the heart of the continent. According to the captains, the first Balkan ships should enter the EU in 2025 if nothing goes wrong during the remaining voyage. But bad weather seems to be a permanent feature of the European political scene and by that time the secure Union could have become an even more troubled and tempestuous harbor unprepared to welcome the newcomers.
At the moment, the incoming fleet counts six components. While Kosovo and Bosnia and Herzegovina still hold the position of potential candidates, Albania and the FYR Macedonia already have the candidate status; Serbia and Montenegro are progressing with accession negotiations and thus are at the forefront in the path towards the European harbor.
Apparently, Serbia and Montenegro now start to see the light at the end of the tunnel – a very long one. The integration process of Western Balkan countries has been on the European agenda since the Thessaloniki Summit in 2003. Afterwards, stabilization and association agreements have entered into force with all six partners. However, expected progress has faltered. Enlargement has been hindered by numerous hitches, including the slow pace of reforms and economic growth, the influence of external actors such as Russia and Turkey, together with problems both in the domestic and European contexts.
2018 might prove a pivotal year in this long and turbulent voyage. Enlargement in the Balkans is one of the priorities of Bulgarian Presidency at the Council of the EU and in May a summit will be organized in Sofia for Western Balkan countries – for the first time since 2003. This new wave of engagement could lead to advances in each country’s process. Continue reading “A Bridge over Troubled Water: The Balkans and the EU”
Last week’s chilling news about the murder of Slovakian journalist Ján Kuciak and his partner Martina Kušnírová at their home close to Bratislava marks the second case of an investigative journalist paying the ultimate price for their work in an EU Member State. In October 2017, Maltese journalist Daphne Caruana Galizia was killed in a car bomb as a result of her investigations of Maltese officials regarding fraud, money laundering and links to the Panama Papers.
This time the victim was Ján Kuciak, a 27-year-old journalist working for the news website Aktuality.sk. Kuciak was investigating cases of suspected VAT fraud by two businessmen Marian Kočner and Ladislav Bašternák, who are both associated with the ruling party in Slovakia, Smer. Kuciak had also recently been investigating the Panama Papers scandal and the suspected theft of EU funds destined for Slovakian by the Italian mafia group ‘Ndrangheta. Months before his death, Kuciak had filed two complaints with the prosecutor’s office after receiving several threats. Neither had been followed up.
Cases like these are doubly worrying. Not only do they reveal that violent and ruthless methods for stopping investigative journalism are taking a hold in the EU’s own Member States, but the lack of effective investigation into these killings by the national authorities responsible also exposes deeper problems regarding impunity and the rule of law.
How has journalism become so dangerous and what are European leaders doing about it? Continue reading “Exposing corruption – at what cost? The EU’s failure to protect its journalists”
By Linda Piersma
In the midst of a nasty break-up in the West and moves by Hungary and Poland towards ‘illiberal democracy’ in the East, a unique opportunity might present itself: a pan-European list of MEPs. Because let’s face it, the European elections do not rouse the spirits of most European citizens. Very often, European elections are hijacked by national quarrels that transform the European elections into an evaluation of respective national government’s performances. While we know all about Trump and American affairs, European issues do not get a seat at the dinner table. With the United Kingdom (UK) leaving the European Union in March 2019, 73 seats will become available in the European Parliament. Notwithstanding the trauma of Brexit, these free seats can be used to create a pan-European list of MEPs to be voted upon directly by European citizens. Such an electoral college will strengthen European democracy, thereby bringing the EU ever closer to its citizens and put a halt to the nationalization of the European elections.
More than being just a fancy idea, it provides a firm response in the face of recent illiberal moves by Hungary and Poland. Over the last year, ruling Eurosceptic parties Fidesz and PiS have taken several highly controversial measures. For example, by taking government control of NGO funding. Recently, their close bond was confirmed when Mateusz Morawiecki, freshly appointed Prime Minister of Poland, decided to use his first bilateral visit to meet with Hungarian Prime Minister Viktor Orbán. Together, their deep resentment and distrust of Brussels increasingly poses a threat to Europe’s core values of freedom, democracy and the rule of law. Continue reading “How Brexit could pose an opportunity for the EU”
By Rick Terpstra
While the hotspots of the so-called migration crisis in the EU can be found in the south-east of the continent, thousands of migrants are jumping the fences of Europe’s only territorial border with Africa in the Spanish cities Ceuta and Melilla in the north of Morocco. And the EU? They seem to stand back while the Spanish Guardia Civil violently govern the border territory without restrictions.
“Viva España, boza, boza!” Hundreds of African migrants storm the fences of Ceuta and Melilla on the Moroccan coast shouting out their popular war cry. It gives them hope, it gives them power, and there is faith that God will help them in their first, second or even tenth attempt in reaching the Spanish territory. Hoping they will manage to climb the high fence, wishing that the Spanish border police do not literally kick them back to Moroccan territory. Continue reading “Fortress Europe in Africa: EU’s silence on Ceuta and Melilla”
By: Angela Medendorp
On the 17th of January, a housing corporation in the Dutch province of Groningen will be deciding whether to tear down or completely refurbish close to 400 houses, my own parental home included. This is just the latest in a series of decisions concerning the roughly 150,000 houses whose structure has been compromised in the wake of dozens of unnatural earthquakes that have haunted the area for years. The earthquakes are a direct result of the extraction of gas at Europe’s largest natural gas field in Slochteren by NAM (owned by Shell and Exxon Mobil), which has been putting over €265 billion in the hands of Dutch governments since the 1960s.
It is not completely surprising that the government is reluctant to give up this steady stream of money. While the newest coalition has agreed to dial down the gas extraction a bit further, it is still not at a level which is deemed ‘safe’ by experts in the field. This is, naturally, angering those who are feeling the consequences the most: home owners in Groningen.
On the international level, coverage of the issue is remarkably meagre. While some news outlets have attempted to bring the story to a wider public, the real debate has remained primarily domestic. The EU (more specifically: the DG Energy) has spent most of its time lamenting the decrease of Dutch gas in its Quarterly Reports on European Gas Markets while mentioning the very legitimate cause for it not even once. Continue reading “A Sustainable Future for the EU: Sponsored by Shell?”
The American Foreign Secretary Henry Kissinger famously once asked “Who do I call when I want to call Europe?” The modern day version coming from Rex Tillerson might be, “Who do I call, email, text, tweet…”, but the premise remains the same – who does one call to get the lowdown on Europe? With certain leadership figures rising above the crowd, the current U.S. Secretary has some pretty good options available.
Emmanuel Macron – The ambitious new kid on the bloc
The poster boy of French politics, Mr Emmanuel Macron has recently joined the ranks of rosy-cheeked nation state leaders on the world stage. After founding his own party En Marche! in early 2016 (a keen observer will note it shares the same initials as his own name), he led his party to victory less than a year later in the French parliamentary elections. His triumph was unprecedented and audacious; the presidential election was his first time running for public office and he won it with apparent ease. Such a rapid rise power is rarely achieved in politics by democratic means, although comparison could be made to a certain head of state across the Atlantic Ocean who also circumvented the typical route in his bid for Presidential office. Continue reading “The Who’s Who of Europe: The Powerful Personalities in the EU”