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Begin New Search Topic Rule of Law Political Geography Europe Content Type Special Report Publication Year within 10 Years

1. Authoritarian kleptocrats are thriving on the West’s failures. Can they be stopped?

Author:
Francis Shin and Ben Judah
Publication Date:
01-2023
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
A hidden web of power revealed itself to Internet users in early 2022. Following a brutal government crackdown in Kazakhstan in January, anyone using open-source flight-tracking websites could watch kleptocratic elites flee the country on private jets. A little more than a month later, Russia’s invasion of Ukraine brought a new spectacle: social media users were able to track various oligarchs’ superyachts as they jumped from port to port to evade Western sanctions. These feeds captured a national security problem in near real time: In Eurasia and beyond, kleptocratic elites with deep ties to the West were able to move themselves and their assets freely despite a host of speeches by senior officials, sanctions, and structures designed to stop them. Kleptocratic regimes—kleptocracy means “rule by thieves”—have exploited the lax and uneven regulatory environments of the global financial system to hide their ill-gotten gains and interfere in politics abroad, especially in the United States, the United Kingdom, and the European Union. They are aided in this task by a large cast of professional enablers within these jurisdictions. The stronger these forces get, the more they erode the principles of democracy and the rule of law. Furthermore, the international sanctions regime imposed on Russia in response to its invasion of Ukraine has little hope of long-term success if the global financial system itself continues to weaken. The West still has a long way to go to rein in the authoritarian kleptocrats who have thrived on the institutional dysfunction, regulatory failure, and bureaucratic weakness of the transatlantic community for far too long. We need to rethink not just how we combat kleptocracy, but also how we define it. Policy makers need to understand that authoritarian regimes that threaten transatlantic security are closely linked to illicit financial systems. As it stands, our thinking about how foreign corruption spreads is too constrained by stereotypes about kleptocratic goals and actions.
Topic:
Corruption, Diplomacy, Intelligence, Politics, Sanctions, Authoritarianism, Reform, European Union, Regulation, Finance, Economy, Rule of Law, and Russia-Ukraine War
Political Geography:
Russia, United Kingdom, Europe, Ukraine, Canada, and United States of America

2. The Rule of Law and its Social Reception as Determinants of Economic Development. A Comparative Analysis of Poland and Germany

Author:
Christopher Hartwell, Kateryna Karunska, Krzysztof Głowacki, and Maria Krell
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Center for Social and Economic Research - CASE
Abstract:
The rule of law, by securing civil and economic rights, directly contributes to social prosperity and is one of our societies’ greatest achievements. In the European Union (EU), the rule of law is enshrined in the Treaties of its founding and is recognised not just as a necessary condition of a liberal democratic society, but also as an important requirement for a stable, effective, and sustainable market economy. In fact, it was the stability and equality of opportunity provided by the rule of law that enabled the post-war Wirtschaftswunder in Germany and the post-Communist resuscitation of the economy in Poland. But the rule of law is a living concept that is constantly evolving – both in its formal, de jure dimension, embodied in legislation, and its de facto dimension, or its reception by society. In Poland, in particular, according to the EU, the rule of law has been heavily challenged by government since 2015 and has evolved amid continued pressure exerted on the institutions which execute laws. More recently, the outbreak of the COVID-19 pandemic transformed the perception of the rule of law and its boundaries throughout the EU and beyond (Marzocchi, 2020). Against this background, this study examines the rule of law as a determinant of economic development in Germany and Poland from both the de jure and de facto perspectives.
Topic:
Economic Growth, Rule of Law, Trade, and Economic Development
Political Geography:
Europe, Poland, and Germany

3. Towards a More Principled European China Policy?

Author:
Stephan Frühling
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Promoting political values (democracy, human rights and the rule of law) in China is a colossal undertaking, but the EU could be more effective than we think. To do so, it must act strategically, in unity, and in concert with like-minded partners. It must also strengthen its record of upholding political values and reform its procedures for foreign policy decision-making. On 30 June 2020, China adopted a National Security Law for the Hong Kong Special Administrative Region that not only undermines human rights and the rule of law that were promised to its citizens, but also violates international law. A few weeks before, when China’s intention became public, the European Union reacted cautiously, expressing concern but clarifying that the introduction of the law would not adversely affect its relations with China. The EU’s first reaction fell far short of statements released by the United States, the United Kingdom and Australia, among others. But the EU’s reaction grew more critical over time. The first EU institution to adopt a tougher approach was the European Parliament. Shortly after, the European Commission and – to a lesser extent – the European Council followed with statements by its presidents after the EU-China summit held on 22 June 2020. This episode could turn out to be exemplary for the role of political values in the European Union’s relations with China. China and Europe have fundamentally divergent political values, even though they often use the same terminology. For a long time, many Europeans believed that China’s definition of democracy, human rights and the rule of law –, the three constitutive values enshrined in the Treaty of the European Union – would ultimately converge with the European understanding. This has not turned out to be the case. China is growing more self-confident, not only defending but starting to spread its own definitions of the triad of political values. This comes at a time when the EU is realigning its China policy more generally. The new European Commission strives to be a “geopolitical” entity strategically engaging to achieve concrete results in its bilateral relations with China. The starting point of this shift is the 2019 “Strategic Outlook” developed by the European External Action Service, which defines China not only as a “partner”, but also a “competitor” and a “systemic rival”. On political values, China clearly is a “systemic rival”. The crucial question is whether “systemic rivalry” in the field of political values carries implications for other policy fields in which the EU and China are partners or competitors. A general consensus that the EU should adopt a more principled China policy and defend and promote its political values spells out very differently across EU institutions. By institutional design, the European Council is a pragmatic rather than principled institution. Compromise resulting from bargaining among member states with different interests shapes its approach. At the other end of the spectrum, the European Parliament serves a principled watchdog function, but has very limited competencies in foreign and security affairs. The European Commission strives to overcome the decades-old challenge of policy silos resulting from its fragmented institutional structure and the more than 60 sectoral dialogues with China. This carries the potential to turn more principled. However, to this day it is not clear whether the European Commission will make the promotion of political values a policy priority even if this comes at the cost of economic cooperation. This paper outlines ongoing debates on the EU’s new China policy and the role of political values in it, and provides 25 concrete policy recommendations for a more principled China policy that defends and promotes democracy, human rights and the rule of law.
Topic:
Foreign Policy, Human Rights, Democracy, and Rule of Law
Political Geography:
China, Europe, and Asia

4. Ukrainian Activism for Transparency and Accountability: Two Steps Forward, One Step Back

Author:
Olena Tregub
Publication Date:
05-2019
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
In the wake of the Euromaidan protests that toppled the government of Viktor Yanukovych in 2014, Ukrainian activists and civil society organizations have pressed hard for anti-corruption reforms and greater openness and transparency in the public sector. Five years later, however, corruption remains a fixture of civic life—and a majority of Ukrainians believe the fight against corruption has been a failure. This new report reviews the changes that have taken place in the anti-corruption movement since the Euromaidan and identifies practical actions the international community can take to support reform efforts in Ukraine.
Topic:
Security, Corruption, Governance, Reform, Democracy, Rule of Law, Protests, Accountability, Transparency, and Justice
Political Geography:
Europe and Ukraine

5. Budgetary Sanctions as a Mechanism to Protect the Rule of Law in the EU

Author:
Marta Makowska and Melchior Szczepanik
Publication Date:
09-2018
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
In the draft multiannual financial framework (MFF) 2021-2027, the European Commission (EC) proposed a political conditionality mechanism through which EU funds could be suspended for countries violating the rule of law. If implemented, it would grant the EC new powers to control the condition of the rule of law in Member States, but it is based on imprecise criteria. Even though the EC has declared that the mechanism is designed to discipline state institutions responsible for breaches, it could be damaging mainly to the final beneficiaries of the funds.
Topic:
Sanctions, Budget, European Union, and Rule of Law
Political Geography:
Europe

6. Integrity on Trial: Judicial reform in Georgia, Ukraine and Moldova

Author:
Steven Blockmans, Nadejda Hriptievschi, Viacheslav Panasiuk, and Ekaterine Zguladze
Publication Date:
06-2018
Content Type:
Special Report
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Under the terms of their Association Agreements with the EU, Georgia, Ukraine and Moldova are expected to strengthen the independence of the judiciary, establish zero tolerance of corruption in the legal profession, and reform legislation regarding prosecutors, judges and lawyers. The EU is keen to identify and build upon existing positive sources of resilience, as well as to track and respond to vulnerabilities with the mix of instruments and budgets at its disposal. It is taking a differentiated approach to improving relations with its neighbouring countries. In the case of Georgia, this raises the question of whether the radical overhaul of the Saakashvili-era reforms can withstand the corruptive practices of narrow-minded political and economic operators. In Ukraine, the challenge is how to prolong and channel the positive reform dynamic to firmly anchor institutional and procedural change in the justice sector. In Moldova, the issue is rather to insulate the pockets of successful reform while supporting drivers of change in their fight against illiberal forces. This study identifies innovations in the three associated states’ justice sectors. It analyses changes to both the ‘hardware’ of the justice system, i.e. the constitutional and institutional frameworks, and the ‘software’, i.e. the selection, appointment, promotion and disciplinary procedures and other means to fight corruption in the justice sector. It concludes with a review of existing court practice with the AA/DCFTAs. By doing so, the paper not only gauges national judges’ awareness about the need to enforce their country’s contractual obligations with the EU, it also offers insights into the degree of domestic courts’ openness to use international/European law to put an end to conflicting national rules and bad practices.
Topic:
Corruption, Reform, European Union, Rule of Law, and Judiciary
Political Geography:
Europe, Ukraine, Moldova, and Georgia

7. Montenegro: Elections Aftermath and the European Commission’s 2016 Country Progress Reports

Author:
Srđan Cvijić and Stevo Muk
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Politically, Montenegro finds itself in a paradoxical situation. At one level it is the champion of European integration in the Western Balkans when it comes to progress in the EU accession negotiations, but it is also the only country in the region that has not experienced a change of government since the introduction of the multiparty system in 1990. The same individuals, families, and political and business elites have been controlling the country’s politics and economy for more than 25 years. This situation is likely to continue after the recently held October 16 parliamentary elections where the ruling Democratic Party of Socialists managed once again to secure the most seats in parliament but fell short of securing an absolute majority. Key conclusions in this report include: the October elections were marked by numerous irregularities and were held in problematic conditions; the Montenegrin government and European Commission need to focus more on reforms in the area of the rule of law; the EU accession process remains unclear and lacks transparency. The authors present recommendations to the European Commission, European Parliament, and the EU member states for moving forward.
Topic:
Democratization, Government, Elections, European Union, Democracy, and Rule of Law
Political Geography:
Europe, Balkans, and Montenegro