Does the Centrality of Values in the Lisbon Treaty Promise More Than It Can Actually Offer? EU Biometrics Policy as a Case Study

The Treaty of Lisbon introduced the term ‘values’ in EU primary law. This development coincided with the granting to the Charter of Fundamental Rights of the same legal force as the Treaties. The question remains, though, how the prominence of values is actually shaping EU law and policy. This paper critically appraises the ways that certain values translated into the Charter's principles and rights are being construed under the EU policy for biometrics, a security technology whose use is being actively promoted by the EU. We conclude that the balancing of pertinent values, namely security and liberty, owe to a great deal to political and economic considerations that shape EU politics. Research priorities, combined with those of EU security policy, in particular, the fight against terrorism, then tend to prevail over ethically or morally based legal claims in respect of biometrics.     

Civil Protection Cooperation in EU Law: Is There Room for Solidarity to Wriggle Past?

This article provides insight into the under‐researched area of civil protection cooperation and disaster response capacity in EU law. It discusses how the mechanisms set up by the EU have assisted Member States in supporting one another when faced with natural or man‐made disasters, including those perpetrated by terrorists. In particular, the article provides a critique of the Article 222 of the Treaty on the Functioning of the European Union (TFEU) clause, which has introduced the principle of solidarity within the EU's security strategy. The author explores the broadened notion of ‘threat’ in Europe and assesses the significance of the Solidarity Clause vis‐à‐vis the level of commitment required by Member States for its coherent implementation. The article then contrasts Article 222 TFEU with the mutual defence clause of Article 42 (7) Treaty on European Union (TEU), and finally points into certain ‘grey areas’ that may have a diminution effect upon the political message concerning the EU as a community based on solidarity.     

Exploring Definitions of Serious Crime in EU Policy Documents and Academic Publications: A Content Analysis and Policy Implications

In recent years the term “serious crime” has gained prominence in EU policy on internal security. This article analyzes how the EU policy and scientific communities have conceptualized and operationalized the term. Through a content analysis, it evaluates the articulation and use of “serious crime” in EU policy documents published from 1995–2013 and scientific articles published from 2004–13 that include the term (n?=?93 and n?=?104, respectively). The analysis demonstrates deficits of conceptualization and operationalization and a correspondingly weak foundation for policy. While the EU’s increasing emphasis on serious crime could represent an opportunity to improve the accountability of EU crime control policies, it is up to academics and policy-makers to address these deficits.     

EMU and the Shift in the European Labour Law Agenda: From ‘Social Policy’ to ‘Employment Policy’

This article examines the interaction between EMU and the European Union (EU) employment strategy and its implications for law. It focuses on the importance of EMU as a catalyst in the development of the EU's social and employment policy in the years following the Treaty on European Union in 1992, up to the inauguration of a new employment policy in the Treaty of Amsterdam. In analysing the EU's discourse on labour market regulation, it is arguable that a shift has occurred in the EU's position on the ‘labour market flexibility’ debate: that the EU institutions are more readily accepting of the orthodoxy that labour market regulation and labour market institutions are a major cause of unemployment within EU countries and that a deregulatory approach, which emphasises greater ‘flexibility’ in labour markets, is the key to solving Europe's unemployment ills, along with macroeconomic stability, restrictive fiscal policy and wage restraint. As the EU's employment strategy has matured, this increased emphasis on employment policy has come to displace discourses around social policy. This change in emphasis has important implications for EMU since it signals a re‐orientation from an approach to labour market regulation which had as its core a strong concept of employment protection and high labour standards, to an approach which prioritises employment creation, and minimises the role of social policy, since social policy is seen as potentially increasing the regulatory burden.     

Security,privacy and freedom and the EU legal and policy framework for biometrics

The adoption of the Treaty of Lisbon and the granting to the Charter of Fundamental Rights of the same legal force as the Treaty has lent a new impulse to the consideration of fundamental human rights by the European Union (EU). The question remains, however, as to how this legal discourse, centred upon human rights, is actually shaping the EU regulatory framework in specific policy domains. The aim of this paper is to critically appraise the ways that the fundamental rights of security, privacy and freedom guaranteed by the Charter are being construed in the context of EU law and policy on biometrics, an ethically and morally sensitive security technology whose development and use are being actively promoted by the EU. We conclude that the interpretation of the pertinent rights, as well as their balancing, owes a great deal to the goals of EU policies for research and development, and under the auspices of Freedom, Security and Justice, shaped largely by political and economic considerations. These considerations then tend to prevail over ethically or morally-based legal claims.     

The European Union and the establishment of marine protected areas in Antarctica

This paper examines how the EU can best use its powers to establish marine protected areas (MPAs) in Antarctica. It first discusses the EU’s role in Antarctic governance and legal basis for the EU’s actions, with particular focus on the pending Joined Cases C-625/15 and C-659/16 at the Court of Justice of the European Union. Secondly, the paper analyses the negotiation process of the EU’s MPA proposals in the Southern Ocean within the Commission for the Conservation of Antarctic Marine Living Resources. Thirdly, it provides suggestions regarding the EU’s potential actions that might help achieve proposed Antarctic MPAs.     

The socialization potential of the CDM in EU–China climate relations

This article hypothesizes that the material incentives associated with the clean development mechanism (CDM) have contributed to the internalization of climate protection norms in China. In current academic research, the CDM has both been extolled as a cost-effective and vilified as an environmentally and ethically inadequate climate mitigation instrument. Few studies so far, however, have looked into the CDM’s potential contribution to socialization-related phenomena such as raising climate change awareness in emerging economies. The relationship with the EU is highly relevant in this context, as the emission reduction credits (CERs) resulting from CDM projects would not have had any meaningful prices without the European Union’s Emissions Trading System (EU ETS). This article aims to fill the current research gap by studying the socialization potential of the CDM in EU–China climate relations in four periods, namely initiation (2001–2005), improvement (2005–2007), consolidation (2008–2010) and habit formation (2010–2014). We argue that there is at least a discernible effect and that the underlying causal mechanism involves the emergence and activities of norm entrepreneurs and habit formation through a process of legal institutionalization.     

The evolution of security industry regulation in the European Union

ABSTRACT

The European private security sector has grown from a handful of small companies at the end of the Second World War into a multibillion Euro industry with thousands of firms and millions of security staff. In Europe, the demands for security is not just expressed notionally but also officially in The European Agenda on Security stating the European Union (EU) aims to ensure that people live in an area of freedom, security, and justice. This article will begin by exploring the role of private security in society. It will then move on to consider the main phases in the development of private security regulation in Europe. Following on from this, some of the main areas of policy development will be considered, such as European bodies, initiatives, and standards. Finally, the article will explore some of the potential options for the future in better regulating the European private security sector. From a historical perspective, the evolution of private security regulation can be divided into three phases: the laissez-faire, the centrifugal, and the centripetal era – each with its own distinct characteristics and impact on the concurrent industry. In the EU where there is the legal framework for the development of a single market in services, the key social partners have been at the forefront of developing a series of standards and guidance documents which promote standards across borders at the European level. However, the institutions of the EU have been reluctant to intervene at a European level in setting minimum standards of private security regulation. Thus, the changing terrain of the EU relating to security, regulation, and the private security industry means the current trajectory may be in need of an injection of more radical thought and consideration.     

Climate Change Policies, Energy Security and Carbon Dependency Trade-offs for the European Union in the Longer Term

Energy policy in the European Union (EU) faces two major challenges. The first challenge is posed by EUs commitment to reduce greenhouse gas emissions to the atmosphere in the context of the international agreement on climate change. The second challenge is to keep ensuring European security of energy supply, while its dependency on external sources of energy is projected to increase. In this paper, two long-term alternative climate change policy scenarios for Europe are examined. In the first scenario, EU reduces carbon dioxide emissions by domestic measures; in the second scenario EU maximizes cooperation with the countries of the former Soviet Union (FSU). Impacts on carbon flows between the EU and FSU and on the external energy dependency of the EU are assessed with an applied general equilibrium model, GTAP-E, whose set of energy commodities is expanded with combustible biomass as a renewable and carbon-neutral energy commodity. The results show that there is a trade-off between economic efficiency, energy security and carbon dependency for the EU. The FSU would unambiguously prefer cooperation.     

The European Union as a global climate leader: confronting aspiration with evidence

In rhetoric and action the European Union has attempted to be a global leader in forging solutions to confront the problem of climate change. Using unique survey data collected at five consecutive UN climate summits from 2008–2012, this article provides evidence on the extent to which the EU is actually recognized as a leader in the UNFCCC climate negotiations, investigates how perceptions of EU leadership have evolved overtime, and helps make sense of the role that the EU has played in recent negotiation outcomes. The survey’s findings show that recognition of the EU as a leader dropped sharply in 2009 at the COP 15 summit in Copenhagen, but has climbed again in subsequent years. The results reveal a fragmented leadership landscape in which the EU must share or compete for leadership with other actors, such as the USA and China, who hold drastically different institutional design preferences and leadership visions than those promoted by the EU. The article’s findings provide insight into the dynamics that both foster and frustrate the EU’s aspiration to lead the effort to reach a deal on a binding post-2020 climate change agreement in Paris at COP 21.     

A Mediator on the World Stage?—How the EU's Commitment in Foreign Affairs is Portrayed by New Zealand and Australian Media

Abstract: ‘European identity’ is as much a contested concept as is the role of the European Union in foreign affairs. This article combines the two concepts and introduces a third variable, ‘the Other’, in order to address the following questions: How do non‐Europeans perceive the EU on the world stage? Is a tentative identity as a mediator in foreign affairs conveyed in the EU's conduct of foreign policy? Analysing 10 newspapers, 4 television bulletins, and 830 public surveys from Australia and New Zealand in the first half of 2004, this article argues that the EU's efforts to further democracy and peace are often marginalised in Australian and New Zealand perceptions. Nevertheless, subtle traces of perceptions of the EU as a potent global actor promoting human rights and environmental sustainability and challenging unilateral US policy courses were detected.     

The environment as a strategic priority in the European Union–Brazil partnership: is the EU behaving as a normative power or soft imperialist?

In 2007, Brazil entered the European Union’s (EU) list of strategic partners; a token of recognition of the place Brazil occupies in current global affairs. Although promoting bilateral environmental convergence is a stated priority, cooperation between the EU and Brazil in this policy field is largely under-researched, raising interesting questions as to whether the current state of play could support EU claims for the normative orientation of its external environmental policy. Through an analysis of partnership activities in the fields of deforestation and biofuels, we suggest that while normative intentions may be regarded as a motivating force, critically viewing EU foreign environmental policy through a ‘soft imperialism’ lens could offer a more holistic understanding of the current state of bilateral cooperation. While the normative power thesis can be substantiated with regard to deforestation, we argue that by erecting barriers to shield its domestic biofuels production, the EU is placing trade competitiveness and economic growth above its normative aspirations. Subsequently, the partial adoption of sustainable development as an EU norm leads to policy incoherence and contradictory actions.     

The EU ‘Stress Tests’: The Basis for a New Regulatory Framework for Nuclear Safety

Among the constitutional tensions at the heart of the European integration process, the relationship between ‘mainstream’ EU Law (framed by the Treaty on European Union) and Euratom Law has often been overlooked. Nonetheless, the EU's response to the nuclear power plant accident in Fukushima provides an opportunity to revisit this relationship. This article specifically aims to highlight the dysfunctions of the prevailing understanding of the Euratom's provisions on nuclear safety matters as well as to identify, under a joint interpretation of all EU Treaties, how to develop a European nuclear safety regime that reinforces the compensatory role of EU law and contributes to enhance the EU's legitimacy.     

Balancing Security and Democracy, and the Role of Expertise: Biometrics Politics in the European Union

What is the relationship between security policies and democratic debate, oversight and rights? Does coping with security threats require exceptions to the rule of law and reductions of liberties? The inquiry that follows tries to answer such questions in the context of the European Union and takes the case of biometric identification, an area were security considerations and the possible impact on fundamental rights and the rule of law are at stake. Some hypotheses are explored through the case study: “securitisation” and “democratisation” are in tension but some hybrid strategies can emerge; the plurality of “authoritative actors” influences policy frames and outcomes; and knowledge is a key asset in defining these authoritative actors. A counter-intuitive conclusion is presented, namely that biometrics, which seems prima facie an excellent candidate for technocratic decision-making, sheltered from democratic debate and accountability – is characterised by debate by a plurality of actors. Such pluralism is limited to those actors who have the resources – including knowledge – that allow for inclusion in policy making at EU level, but is nevertheless significant in shaping policy; it explains the central role of the metaphor of balancing security and democracy, as well as the “competitive cooperation” between new and more consolidated policy areas. The EU is facing another difficult challenge in the attempt at establishing itself as a new security actor and as a supranational democratic polity: important choices are at stake to assure that citizens’ security is pursued on the basis of the rule of law, respect of fundamental rights and democratic accountability.     

Understanding Transnational Policy Flows in Security and Justice

This article examines the contribution of scholarly work on ‘policy transfer’ and related concepts to our knowledge of how far, and in what ways, particular policy ‘models’ of security and justice travel across national boundaries, and what might explain this phenomenon. The article begins by summarizing the key findings of extant empirical studies of cross‐national policy movement in the fields of crime, security, and justice. It then considers the normative dimension to debates about policy transfer, observing that much of the literature adopts a pessimistic position about the problematic nature of international policy movement in security and justice, and discusses some of the reasons for such pessimism. The article then reflects on ways in which normative principles could be applied to considerations of prospective policy transfer, and the implications for the broader possibilities for ‘progressive’ policy transfer in relation to crime, security, and justice.     

The Collective Labour Law of the European Union

Abstract: The collective labour law of the European Union is embedded in a variety of legal measures incorporating principles of collective labour law reflecting national experience. The dynamic of its development has been the spill-over effect of these principles, through their translation into the status of EU law, and their development by decisions of the European Court of Justice. The article outlines a framework of principles which, it is argued, are currently embodied in the collective labour law of the EU. They include collectively bargained labour standards, workers' collective representation, workers' participation, and protection of strikers against dismissal. In addition, there is a parallel principle of collective solidarity emerging in the social security law of the EU. The principle of collective negotiation of labour law introduced by the Protocol and Agreement on Social Policy may be seen as the founding constitutional basis for the collective labour law of the European Union.     

The Integration of the European Union and the Changing Cultural Space of Europe: Xenophobia and Webs of Significance

The dialogic relationship between individuals and the cultural space of Europe embodies cultural definitions, political definitions and individual definitions. As individuals draw from Europe as a cultural space and strive to identify and define themselves, definitions are created against an ??other,?? leading to Europe being defined against the ??other.?? Identity is established through difference, and in this, the relationship between the EU??a force of integration??and Europe as a cultural space is strained. As boundaries change through the European Union, transforming the cultural space of Europe, the ??other?? against whom individuals have traditionally defined themselves is also transforming. This article asks if the integration of Europe through the European Union is resulting in the political mobilization of xenophobia and thereby transforming the cultural space of Europe into a xenophobic space. As many academics and professionals have argued that xenophobia in Europe has been on the rise since the 1990s, this paper will question how the relationship between the European Union??as a force of European integration??and Europe??as a cultural space??is contributing to the construction of xenophobia.     

Reasoned ‘Balance’ in Europe's Area of Freedom,Security and Justice

This article considers how we might understand a constitutional ‘balancing’ of goods. In doing so, the article considers the EU's ‘Area of Freedom, Security and Justice’ (AFSJ) which poses the challenge as to how we balance our desire to feel secure with commitments to freedom and justice. The approach taken will be to argue that a ‘balance’ is a reasoned judgment, which must be understood in both a symbolic sense but, at the same time, also rooted in the practice of our constitutional decision making. This enables a political community to make sense of its value commitments so as to achieve a reflective balance between them. The article concludes that if the EU is to achieve an area of freedom, security and justice then it must be capable of developing a balance that can be a reasoned understanding of this constitutional commitment.     

The EU or France? The CSDP Mission in Mali the Consistency of the EU Africa policy

The EU’s role in the recent Mali crisis offers a good opportunity to assess the consistency of the EU’s Africa [Africa as used here refers to Sub-Saharan Africa (SSA)—the region of the EU’s most extensive external policy] policy in the post-Lisbon era. Against the background of the EU’s external policy objectives with special reference to SSA, this Article will particularly offer a comprehensive overview of the legal and policy dynamics of the EU’s Common Security and Defence Policy (CSDP). This will be discussed especially with reference to how they relate to (in)consistency in implementation as illustrated in the EU’s role in the recent Mali crisis. Although the EU initially made a decision to deploy an EU Training Mission to Mali, the EU did not activate the peacekeeping dimension of the CSDP as required at an advanced stage of the crisis. Instead, this gap was filled by France’s unilateral military intervention in Mali. The EU’s inertia in this regard raises the question of the consistency of its external policy instruments and policy objectives towards the region. Without excluding other possible contributing factors, the analysis submits that the ‘partial’ activation of the CSDP in Mali is mainly attributable to the constitutional specificity of the CSDP especially its lack of permanent and planning conduct structures. In any event, it is argued that these do not render the EU’s role in Mali less inconsistent both in the light of the relevant EU external policy instruments and objectives towards SSA in general, and in the light of the CSDP objectives in particular. In general, the Article uses Mali as a case study to illustrate the extent and therefore the limits of the consistency of the EU’s CSDP and its overall policy towards SSA especially post-Lisbon. Whilst acknowledging the current limits of the law in this context, the Article nevertheless argues that the dire implications of inconsistency for the effectiveness of the EU’s policies and for the credibility of the Union make a search for practical, if not legal solutions, a political imperative. This is necessary especially if the EU wants to protect or indeed rebuild its credibility as an international actor in general, and as an effective partner for crisis management in SSA, in particular [The EU’s credibility in much of the African Caribbean and Pacific states, especially SSA is reportedly already at an all-time low (Mackie J et al. in Policy Manag Insights ECDPM 2, 2010)].     

Forward or Back: The Future of European Integration and the Impossibility of the Status Quo

This article considers how the legal and political order of the EU can cope if the ‘Ever Closer Union’ envisaged by the Treaties ceases to be inevitable. In particular, it focuses on what are the likely consequences if previously successful integration mechanisms such as integration through law (including adventurous pro‐integration interpretation by the Court of Justice of the European Union (CJEU)) and functional integration can no longer successfully push forward the integration process. It considers whether it is possible for the Union to ‘stand still’, that is, to maintain the current level of integration without either moving forward to more intensive integration or engaging in costly and disruptive disintegration. In order to substantiate this claim, the article looks at three areas, the law of citizenship, the Eurozone and the legislative structures of the Union, showing in each case that the neither the current degree of integration nor methods used in recent times to move the integration process forward provide a long term basis for policy.