Tempering the EU? NGO advocacy in the Area of Freedom,Security, and Justice

The European Union's (EU) area of Freedom, Security and Justice (AFSJ) portfolio comprises policy areas such as immigration and asylum, and police and judicial cooperation. Steps were taken to bring this field into the mandate of the EU first by the Maastricht Treaty, followed by changes implemented by the Amsterdam and Lisbon Treaties, the last one ‘normalizing’ the EU's erstwhile Third Pillar. As the emergent EU regime continues to consolidate in this field, NGOs of various kinds continue to seek to influence policy-making and implementation, with varying success. This article seeks to establish the context in which NGOs carry out their work and argues that the EU-NGO interface is impacted both by the institutional realities of the European Union and the capacities of EU-oriented NGOs to seize and expand opportunities for access and input into the policy cycle. Using EU instruments representing three different policy bundles in AFSJ (immigration, asylum and judicial cooperation in criminal matters), the article seeks to map out NGO strategies in engaging and oftentimes resisting European Union policy instruments.     

A Game Changer in EU-Turkey Relations: The Opportunities and Pitfalls of Migration Policy

ABSTRACT

The mass migration from Syria has been a major turning point and an important ‘game changer’ in EU-Turkey relations, as it marks a watershed in immigration and asylum between two periods: from 1999 to 2011 and from 2011 to the present. During the first period, the EU was one of the driving forces of change in Turkey’s immigration and asylum policy, along with significant migration movements from the Middle East. Although EU demands were largely implemented due to the country’s changing migration profile, there was also ongoing resistance and reluctance towards the EU, thus a certain degree of conditionality. With the Syrian mass migration in 2011, however, and in particular the so-called ‘European refugee crisis’ in 2015, Turkey started to use migration as a foreign policy tool with which to oppose EU conditionality.     

From “partnership” to “principled pragmatism”: tracing the discursive practices of the High Representatives in the EU’s relations with the Southern Mediterranean

ABSTRACT

The EU’s relations with countries in the Southern Mediterranean have a long history as the region is of great strategic importance for the Union and its member states. The High Representatives of the Union for Foreign Affairs and Security Policy have been highly involved in shaping these relations, and this role has been officially strengthened with institutional changes brought about with the Lisbon Treaty. This article analyses the role of the HR/VPs in shaping the EU's foreign and security policy towards the region with an analytical focus on discursive practice. Drawing on insights from practice theory in IR and EU studies, the analysis traces continuity and change in how the Southern Mediterranean is described in the drafting of key strategic documents. The main finding is that EU foreign and security policy towards the Southern Mediterranean shows a high degree of continuity despite several crises and institutional changes, although the discursive practices have evolved. The article ends by highlighting a conundrum that the EU can be said to implicitly acknowledge: if authoritarian states in the Southern Mediterranean are inherently unstable, yet stable enough to quench the democratic aspirations of their people, then what should be the basis for EU actions?     

Foreign policy and development in the post-Lisbon European Union

The European Union (EU) has a long tradition of involvement in development policy and can claim to be the world's most influential donor when the activities of its member states are aggregated. Recently, however, this position has been challenged by the rise of new donors and models of development assistance, by the changing needs and positions of recipients and by institutional change within the EU itself. This article explores these issues by focusing first on the nature of EU foreign policy, and then on the ways in which it has interacted with the changing trajectory of development policies to create new issues and problems. It concludes that the EU's position remains central and significant to global development policy, but that this position faces important challenges to which the response is as yet uncertain.     

Italy and the new international economic order

In order to make it more effective as an actor on the international scene, the European Union is being urged to reverse its foreign policy priorities. EU enlargement policy has fallen out of grace and many want to see Europe acquire a “normal” foreign policy with a global rather than merely regional reach, significant military means and centralised governance. Management of various conflicts in Africa and Asia is also in vogue. Such a policy shift will define the nature of Europe's actorness. It is argued that, with all its defects, the EU performs quite well as a civilian regional power and efforts to transform it into a traditional military power with a global reach could make things worse rather than better.     

The unexpected EU leadership on landmines: the influence of the Ottawa Convention on the EU

Abstract

The European Union (EU) has led international politics on antipersonnel landmines (APLs) for a decade now, and its foreign policy in this domain is perceived as a success story. Nevertheless, at the beginning of the negotiations that led to the Ottawa Convention, the EU looked unable to play any relevant part. This article addresses the emergence of the EU's foreign policy on APLs by arguing, in a second image-reversed way, that the corresponding international regime has deeply influenced the EU. It has changed Member States' and EU institutions' preferences, and it has empowered pro-Ottawa and pro-integration actors. This article explores the intra-EU conditions that have facilitated this influence and the way in which the regime itself has shaped them.     

The European Union’s partnership policy towards Brazil: more than meets the eye

This article focuses on the evolving nature of the foreign policy of the European Union (EU) towards Brazil, which gained momentum and became more dynamic and denser after the establishment of a formal strategic partnership (SP) in 2007. It provides a historical overview of the institutional relations between Brussels and Brasília, before proceeding with an analysis of the main drivers behind this novel development. The study goes on to offer a critical examination of the implementation of the EU–Brazil SP by casting light on both its major achievements and the challenges it has faced. It concludes that the establishment of a formal strategic partnership with Brazil has contributed to the strengthening of the EU’s globally oriented partnership policy and ultimately to the incremental empowerment of the EU necessary to the assertion of its values, objectives and interests on the international stage.     

Fostering arms control: The role of unilateralism

Climate change has taken centre stage in European and international politics. Since the second half of the 1980s, the EU has established itself as an international leader on climate change and has considerably improved its leadership record. The Union has significantly enhanced both its external representation and its internal climate policies. However, implementation and policy coherence, coordination of EU environmental diplomacy, an evolving international agenda, EU enlargement, and a still precarious EU unity remain major challenges. Shifts in underlying driving forces and advances of EU domestic climate and energy policies nevertheless support the expectation that the EU will remain a progressive force in international climate policy for some time.     

Dead on arrival: normative EU policy towards China

The European Union’s (EU) normative roles in global politics have in recent years been a hotly debated topic. The EU promotes its political values outside of the Union, especially with regard to prospective accession countries and small developing countries. However, a normative foreign policy approach encounters considerable challenges when confronted with major powers, such as China and Russia that do not share the political values promoted by the EU. Attempts at pursuing a normative policy towards these countries often come across as halfhearted. This article discusses EU normative policy towards China. It identifies loss of the moral high ground, conflicting positions of EU members and lack of leverage as the three main factors hampering it. It needs to be recognised that these problems are fundamental and stem from the very nature of the EU itself. The article argues that instead of a halfhearted offensive normative approach towards China or ubiquitous dialogues with partners, the EU may be better off with a more determined policy of defensive normativity. This would entail being more insistent in upholding European values within our own community rather than seeking to export them outside of the Union, and favouring demand-driven cooperation. The choice stands between altering the self-image of the EU to make it better correspond to reality, or making reality live up to the self-image.     

New Security Challenges and the Need for New Forms of EU Cooperation: The Solidarity Declaration against Terrorism and the Open Method of Coordination

Abstract

The new transnational security threats, such as terrorism, challenge traditional methods of European Union cooperation. In the era of threats to inter-state peace the Union engendered security through ‘passive’ integration in the form of the abolition of European borders. Today the EU is increasingly given the responsibility for creating security and safety, both externally and internally, by the means of ‘active’ security instruments such as the European Security and Defence Policy and the Solidarity Declaration of 2004. The challenge is that these policies and principles require a vision beyond that of a free market, common threat perceptions and effective coordination of the crisis management capacity of EU member states. This article argues that the practical needs following this qualitative step, such as the strategic engagement of new security actors and levels of EU governance on a long term basis, are very similar to the ones that the Open Method of Coordination has attempted to resolve in EU cooperation in the field of welfare policies. It suggests that this method should be used also to strengthen the Union security policy and crisis management capacity.     

The EU's security actorness: the case of EUMM in Georgia

This article addresses conceptually the European Union (EU)'s security actorness, explaining its meaning, identifying the factors that are constitutive to the concept, and analyzing whether the EU is a security actor in Georgia, through its increased presence and engagement in the country and its eventual implications for the South Caucasus. The article argues that the complementary nature of the different EU tools deployed on the ground and their comprehensive nature have contributed to the EU's consolidation as a security actor in the South Caucasus. However, and despite the successful assessments of the European Union Monitoring Mission in the context of common security and defense policy development, the mission's deployment and its contribution to regional stability are influenced to a great extent by the role and involvement of external players, in particular in this case, that of Russia.     

Making sense of the EU’s response to the Arab uprisings: foreign policy practice at times of crisis

ABSTRACT

The Arab uprisings of 2011 put into question previously held understandings about the stability of authoritarian regimes in North Africa as well as the European Union’s (EU’s) relations with countries in its southern neighbourhood. Despite early calls on behalf of the EU to change its policies, the Union’s responses in the early stages seemed mostly characterised by continuity. This article claims that certain dispositions and background knowledge developed over several decades vis-à-vis EU’s Mediterranean policies served as a baseline from which EU officials and diplomats acted. Drawing on insights from practice approaches, the article argues that the practical understandings on what the EU can (and cannot) do vis-à-vis partner countries in North Africa create a kind of power politics of practical dispositions. The article focuses on the European Neighbourhood Policy - the EU’s flagship initiative - and builds on a unique set of data that combine policy documents and interviews with about 30 EU officials and national diplomats from before and after the Arab uprisings. In this way, it illustrates how practice relates to change in that even though the EU’s responses drew on an established repertoire of practice, enacting it in a new context opened up new possibilities for action.     

Supporters’ responses to contested trade negotiations: the European Commission’s rhetoric on the Transatlantic Trade and Investment Partnership*

Abstract

Negotiations on the Transatlantic Trade and Investment Partnership (TTIP) commenced in 2013, and soon became the most controversial bilateral trade agreement negotiations ever attempted by the European Union (EU). When trying to understand the escalating debate over the proposed agreement, most analyses have highlighted opposition to the deal, especially from civil society organizations. However, a full understanding of the debate surrounding TTIP requires analysis of supporters’ responses, as these changed in response to strategies used by opponents of the agreement. This article uses a novel approach in trade policy scholarship—rhetorical analysis—to focus on the European Commission Trade Directorate’s response to contestation over TTIP. Drawing on work on the ‘rhetoric of reaction’, this article identifies the rhetorical strategies used by EU trade commissioners from 2013 to 2016. It outlines the evolution of the rhetoric and accompanying changes in process and policy, providing insights on the impact of TTIP politicization on the guiding principles of the EU’s trade policy.     

The hybrid role of the High Representative in the security and defence field: more in 10 months than in the 10 years?

ABSTRACT

Despite a growing “momentum” on European Union (EU) security and defence, there are no academic analyses that aim to systematically assess the role of the High Representative of the Union for Foreign Affairs and Security Policy and Vice President of the European Commission (HR/VP) in these strategic domains. This is surprising given that the HR/VP is one of the central actors in the complex institutional architecture of EU security and defence. To fill this gap in the scholarly literature and to contribute to a more fine-grained analysis of the two post-Lisbon Treaty HR/VPs, the article assesses Ashton and Mogherini’s mandates in these fields. This study is particularly relevant because the HR/VP’s hybrid institutional role may represent a unique analytical angle to investigate a formally intergovernmental sector, strongly shaped also by EU institutions’ authority over defence-industrial policy. Following these considerations, the article looks at how the two HR/VPs managed to navigate both the military and the defence-industrial dimensions of EU security and defence.     

Congruence-building on multiple fronts: Indian elite perceptions of EU rule promotion in India during the EU-India FTA negotiations (2007–2013)

Asia Europe Journal - How does the European Union export its rules and regulations to its partners during free trade negotiations? While the research fields on EU foreign policy promotion abroad...     

China’s direct investment in the European Union: a new regulatory challenge?

While China is fast becoming an important outward direct investor, its companies are showing an increasing interest to locate in Europe and the European Union (EU). It has been suggested that this can partly be explained by the more lenient attitude of the European countries compared to the US, where some acquisitions were abandoned when they ran into political opposition based on security concerns. Yet, also in Europe, the media follow rather closely each new Chinese entry, and certain politicians have started to criticise the take-over of technology-oriented companies, especially by Chinese state-owned firms. Against the background of a very open foreign direct investment (FDI) policy as measured by OECD FDI Restrictiveness Index for the EU and the individual countries, an overview is given of the pre- and post-establishment obstacles to direct foreign investment. Also, the EU policy measures that directly or indirectly deal with incoming direct investment are discussed. Within the context of the EU competition policy and the merger regulation, the EU Commission has cleared five cases of take-over by Chinese state-owned enterprises. Although the Lisbon Treaty authorises the EU Commission to take charge of investment policy as part of the EU commercial policy, it will take time to realise this. If the announced negotiations about an investment treaty between China and the EU could work out the necessary balance, it would be an important step in achieving more reciprocity between their respective investment regimes.     

The EU and the Gulf monarchies: normative power Europe in search of a strategy for engagement

The Persian Gulf region is of strategic importance to the European Union (EU). Yet, different political realities of authoritarian government in the Gulf challenge crucial parts of EU foreign policy that are based on normative power Europe concepts. Cooperation with the ruling dynasties appears beneficial for EU decision-makers if one looks at the comprehensive agenda of common interests in the Gulf region. In 2004, the EU aimed to build a strategic partnership with the Mediterranean and the Middle East; in this the EU emphasized its commitment to advancing its partnership with the Gulf countries. Yet, from the perspective of 2012 the results are bleak. Despite some signs of improvement in deepening the political, economic and security interactions with the region, there is still no concerted EU policy in the Gulf beyond the thriving bilateral activities of some EU member states. The events of the Arab Spring have increased the challenges even further. The EU, on the one hand, is trying to support forces of liberal and democratic reform in some neighbouring countries. On the other hand, it seeks close partnerships with authoritarian family dynasties in those Gulf countries in which a democratic opening is not around the corner. This article suggests an alternative explanation for this dichotomy. While there is an inherent tension between the EU's reformist agenda and its own interests, whether security or trade interests, this article argues that much of the EU's relationship with the Gulf countries can be explained through a misperception of the specific settings of government in the region. Despite a substantial agenda of interests on both sides in areas such as trade, energy, regional security, terrorism and irregular migration, the EU's foreign policy outputs remain rather limited.     

The post-Lisbon high representatives: an introduction

ABSTRACT

The Lisbon Treaty recently celebrated its 10th anniversary. The 2009 legal text was an attempt to enhance the unity, consistency and effectiveness of the EU’s action in an increasingly volatile world. And yet, the post-Lisbon time period has been characterised by multiple crises coming from the West, the East, the South, and even from within the EU. Against this backdrop, our Special Issue makes a systematic assessment of the EU's foreign policy post-Lisbon and of its evolution by focusing on the role of the High Representative of the Union for Foreign Affairs and Security Policy (HR/VP). Assessing the post-Lisbon HR/VPs provides important insights on EU foreign policy processes over the past decade. In this introduction, we discuss the three research questions that guide our collection of articles, as well as our theoretical and empirical contribution to existing scholarly literature.     

Exploring the Civil–Military Interface and its Impact on European Strategic and Operational Personalities: ‘Civilianisation’ and Limiting Military Roles in Stabilisation Operations?

Abstract

The paper discusses a still more obvious foreign policy dilemma facing Denmark: On the one hand, Denmark has made a proactive foreign policy decision to pursue a strategy of influence with the European Union as the most important international forum. On the other hand, Denmark has chosen to stay outside the increasingly important cooperation on defence policy within the EU. As a small state, Denmark is opting for a multilateral strategy, but it has deliberately chosen to limit its commitment to the same forum. A combination of adaptation theory and theory of small states informs the analysis. It is argued that the Danish opt-out sends an unclear and inconsistent signal to Denmark's partners which again hampers the possibilities for using Danish coalition power within the EU. Nevertheless, contrary to both theoretical expectations and common sense intuition, there is little to suggest that the opt-out has had negative consequences for Denmark's influence on capabilities in the EU.     

Resilience as the new EU foreign policy paradigm: a pragmatist turn?

This article examines the rise of resilience discourses in EU foreign policy. The European Union Global Strategy (EUGS) refers to building state and societal resilience in its neighbourhood as one of the key strategic priorities of the EU. This article argues that the discourse of resilience that permeates the EUGS chimes well with a pragmatist turn in social sciences and global governance. The EUGS introduces resilience-building alongside an emphasis on flexibility, tailor-made approaches and the need for local ownership, capacity-building and comprehensiveness. More importantly, the new EUGS proposes “principled pragmatism” as a new operating principle in its foreign policy. While this might suggest a more pragmatic EU foreign policy, a closer examination of the EUGS discourse reveals significant tensions between a pragmatic and a principled foreign policy, which undermine the added value of resilience-building as a new foreign policy paradigm.