813

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The future relationship between the UK and the EU in the field of international protection following the UK’s withdrawal from the EU

15-10-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the LIBE Committee, provides expertise on the legal, institutional and technical implications of the UK’s withdrawal from the EU in the field of international protection. More specifically, this analysis presents the current situation with regard to UK–EU cooperation in the field, the legal standards that will be applicable to the UK following its withdrawal, ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, at the request of the LIBE Committee, provides expertise on the legal, institutional and technical implications of the UK’s withdrawal from the EU in the field of international protection. More specifically, this analysis presents the current situation with regard to UK–EU cooperation in the field, the legal standards that will be applicable to the UK following its withdrawal, the areas of common interest in the field and the potential forms of future cooperation.

External author

Mirja GUTHEIL; Quentin LIGER; James EAGER; Aurélie HEETMAN; Micol TEDESCHI

EU external financing instruments and the post-2020 architecture: European Implementation Assessment

28-02-2018

This study evaluates the performance of the EU external financing instruments (EFIs) in the light of the results of the European Commission’s mid-term review and discussions on their post-2020 architecture. This evaluation finds that the existing architecture and geographic/thematic coverage of the EFIs has, overall, been relevant to the EU policy objectives set in 2014. However, they were less responsive to recipients’ needs, and implementation weaknesses persist. At the strategic level, weaknesses ...

This study evaluates the performance of the EU external financing instruments (EFIs) in the light of the results of the European Commission’s mid-term review and discussions on their post-2020 architecture. This evaluation finds that the existing architecture and geographic/thematic coverage of the EFIs has, overall, been relevant to the EU policy objectives set in 2014. However, they were less responsive to recipients’ needs, and implementation weaknesses persist. At the strategic level, weaknesses in EFIs that need attention in the post-2020 architecture include: balancing short-term expediency with long-term needs; ensuring EU security needs and interests do not marginalise EU values; and safeguarding the development-oriented agenda of EFIs. At an operational level, the EFIs need to overcome the ‘silo’ approach to implementation, and develop solid monitoring and evaluation systems that assess the EFIs’ impact in recipient countries. This study provides options for tackling these limitations, including the need to integrate simplification, ensure sustainability of EU action, strengthen flexibility while remaining consistent and committed to EU fundamental values, create multi-actor partnerships, link EU action to EU strategies, and strengthen EU strategic communication. The annexed expert paper found that EU support to civil society in Turkey, Ukraine and Egypt has improved in recent years, but it still struggles to meet new challenges. Neither radical simplification of the EFIs nor a dedicated civil society instrument would necessarily improve civil society support, and may involve serious drawbacks. The EU’s most pressing challenges are to link civil society more effectively to reform-oriented aid; find ways to support new civic actors; temper the current assault on civil society organisations; and to find more nuanced ways to link civil society to strategic goals.

External author

Annex: EU Support to Civil Society in Turkey, Ukraine and Egypt: Mapping reforms to the external financing instruments, written by Professor Richard Youngs, Carnegie Europe.

Turkey: How the Pre-Accession Funds Have Been Spent, Managed, Controlled and the Monitoring System?

23-05-2016

This study follows up on the European Court of Auditors Special Report 16/2009 ‘The European Commission's management of pre-accession assistance to Turkey’. The European Commission has undertaken actions addressing the recommendations of the report but it is unclear how effective these actions have been, or are likely to be, in addressing the underlying concerns expressed in the report. In particular, understanding of the effectiveness and impact of European Union funding to Turkey is still very ...

This study follows up on the European Court of Auditors Special Report 16/2009 ‘The European Commission's management of pre-accession assistance to Turkey’. The European Commission has undertaken actions addressing the recommendations of the report but it is unclear how effective these actions have been, or are likely to be, in addressing the underlying concerns expressed in the report. In particular, understanding of the effectiveness and impact of European Union funding to Turkey is still very limited.

External author

Roderick Ackermann, Roland Blomeyer, Elsa Perreau, Jan Smit and Jack Malan

Criminal procedural laws across the European Union – A comparative analysis of selected main differences and the impact they have over the development of EU legislation

30-08-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of nine Member States. It identifies several forms of “hindrances” to cross-border cooperation, ranging from mere delays ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines to what extent differences between national procedural criminal laws hinder the negotiations and the operation of cross-border cooperation instruments. It is based on a comparative analysis of a representative sample of nine Member States. It identifies several forms of “hindrances” to cross-border cooperation, ranging from mere delays to the suspension and the non-execution of assistance requests, alongside the striking underuse of some of the existing instruments. There is no simple or single answer to these challenges. Therefore, several non-legislative and legislative recommendations are put forward for the short- and long-term horizon.

External author

Elodie SELLIER, Université Libre de Bruxelles Anne WEYEMBERGH, Université Libre de Bruxelles Thomas Wahl, Alexander Oppers (Reports on Germany); Gerard Conway (Reports on Ireland); Marta Muñoz de Morales Romero (Reports on Spain); Perrine Simon (Reports on France); Silvia Allegrezza (Reports on Italy); Petra Bard (Reports on Hungary); Aart de Vries, Joske Graat, Tony Marguery (Reports on the Netherlands); Daniel Nitu (Reports on Romania); Samuli Miettinen, Petri Freundlich (Reports on Finland)

Humanitarian visas

17-10-2018

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights ...

90 % of those granted international protection reach the European Union through irregular Means. Member States' failure to offer regular entry pathways to those seeking international protection undermines the achievement of their Treaty and fundamental rights obligations. This situation also has severe individual impacts in terms of mortality and damage to health, negative budgetary and economic impacts EU legislation on humanitarian visas could close the current effectiveness and fundamental rights protection gap in EU asylum policy by offering safe entry pathways, reducing irregular migration and result in increased management, coordination and efficiency in the asylum process, as well as promoting fair cost-sharing.

Targeted sanctions against individuals on grounds of grave human rights violations – impact, trends and prospects at EU level

26-04-2018

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals ...

Sanctions are one of the tools utilised to address human rights violations. They are also an increasingly prominent tool in the European Union’s foreign policy. International sanctions policy is part of a global trend towards individualisation: rather than affecting the state as a whole, bans nowadays are targeted at individuals identified as responsible for the abuses. The present study analyses the evolution of targeted sanctions regimes imposed by the EU, as well as by the UN, against individuals on grounds of gross human rights violations. It focuses on the most recent developments in international sanctions practice. It provides recommendations on how this tool could be further developed at EU level, making reference to the option of adopting a Global Magnitsky-type legislation allowing for the designation of human rights abusers worldwide.

External author

Clara Portela

A Comparative Study of EU and US Approaches to Human Rights in External Relations

10-11-2014

Both the European Union (EU) and the United States (US) emphasise the centrality of human rights in their domestic and external policies. Despite their common attachment to human rights and a potential affinity of seemingly common transatlantic approaches to human rights issues in external policies, the EU and the US have diverged considerably in their respective promotion of human rights abroad. Drawing on the historical and legal underpinnings of human rights promotion in the EU and the US, the ...

Both the European Union (EU) and the United States (US) emphasise the centrality of human rights in their domestic and external policies. Despite their common attachment to human rights and a potential affinity of seemingly common transatlantic approaches to human rights issues in external policies, the EU and the US have diverged considerably in their respective promotion of human rights abroad. Drawing on the historical and legal underpinnings of human rights promotion in the EU and the US, the purpose of the present study is to provide a comparative analysis of how human rights are integrated and mainstreamed into their respective external policies, thereby using case studies such as EU Special Representatives/US Special Envoys, Democracy Promotion, the Human Rights Council and the International Criminal Court to contextualise the argument. To this end, the study outlines the intricacies behind the institutional set-up of EU and US external action, and delves into the specificities of human rights-related policy-making in the realm of traditional foreign policy, international trade and international development. The study concludes with the formulation of recommendations for the further integration of human rights in EU external policies, as well as to the future collaboration between the EU and the US on human rights.

External author

Jan WOUTERS, Laura BEKE, Anna-Luise CHANÉ, David D’HOLLANDER and Kolja RAUBE (University of Leuven, Belgium)

Backlash in Gender Equality and Women’s and Girls’ Rights

15-06-2018

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, is designed to identify in which fields and by which means the backlash in gender equality and women’s and girls’ rights in six countries (Austria, Hungary, Italy, Poland, Romania, and Slovakia) is occurring. The backlash, which has been happening over the last several years, has decreased the level of protection of women and girls and reduced ...

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee, is designed to identify in which fields and by which means the backlash in gender equality and women’s and girls’ rights in six countries (Austria, Hungary, Italy, Poland, Romania, and Slovakia) is occurring. The backlash, which has been happening over the last several years, has decreased the level of protection of women and girls and reduced access to their rights.

External author

Borbála JUHÁSZ, indipendent expert to EIGE dr. Enikő PAP, legal expert on gender issues, NANE Women's Rights Association National experts: Christiane Ugbor, Sophie Hansal (Austria), Dr. Gabriella Ilonszki (Hungary), Siusi Casaccia (Italy), Zuzana Maďarová (Slovakia), Laura Albu (Romania), Małgorzata Tarasiewicz (Poland)

Human Rights Provisions in Economic Partnership Agreements in Light of the Expiry of the Cotonou Agreement in 2020

23-03-2017

The study considers the options for suspending obligations under the EU-ACP Economic Partnership Agreements (EPAs) in connection with violations of human rights, democratic principles or the rule of law following the expiry of the Cotonou Agreement in 2020. It outlines the functioning of the human rights clause in the Cotonou Agreement, before considering the possibilities for suspending the EPAs under their own provisions, or for other reasons in international law, such as countermeasures. Next, ...

The study considers the options for suspending obligations under the EU-ACP Economic Partnership Agreements (EPAs) in connection with violations of human rights, democratic principles or the rule of law following the expiry of the Cotonou Agreement in 2020. It outlines the functioning of the human rights clause in the Cotonou Agreement, before considering the possibilities for suspending the EPAs under their own provisions, or for other reasons in international law, such as countermeasures. Next, it discusses how any post-2020 arrangements can best continue the existing mechanisms for human rights conditionality set out in the Cotonou Agreement. In connection with this, this study proposes certain suggestions for improving future versions of human rights clauses, and considers whether there are legal obstacles to the invocation of this clause under general international law, principally under WTO law. The study concludes with a set of comments and recommendations.

Free and fair trade for all?

21-11-2017

With its strategy paper entitled ‘Trade for all’ in 2015, the Commission launched an EU trade policy that focussed on values such as human rights, workers’ rights, environmental protection and sustainable development. The idea was that free trade should be fair for both consumers in Europe and for citizens elsewhere. This approach was pursued in bilateral trade negotiations and in legislative proposals on, for example, conflict minerals, dual-use goods or the investment court system. But by the end ...

With its strategy paper entitled ‘Trade for all’ in 2015, the Commission launched an EU trade policy that focussed on values such as human rights, workers’ rights, environmental protection and sustainable development. The idea was that free trade should be fair for both consumers in Europe and for citizens elsewhere. This approach was pursued in bilateral trade negotiations and in legislative proposals on, for example, conflict minerals, dual-use goods or the investment court system. But by the end of 2016 the tenor of the debate on international trade had changed, shifting the focus to national interests and fairness for consumers and producers at home. The UK’s decision to withdraw from the EU and the election of President Trump in the US, together with the expiry of the clause recognising China’s non-market economy status, contributed to this shift. The European Parliament has played a crucial role in shaping the direction of EU trade policy. While its 2015 resolution on the Transatlantic Trade and Investment Partnership (TTIP) set the values-based trade agenda, its resolutions in 2016 and 2017 on China’s market economy status and global value chains reflected the shift in values. The Commission is seeking to balance free and fair trade but new challenges lie ahead, notably in the EU’s neighbourhood: Russia, the Eastern Partnership, Turkey and the UK’s withdrawal from the EU.

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