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2. Digital Sovereignty: For a Schuman Data Plan
- Author:
- Arno Pons
- Publication Date:
- 01-2023
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- On 9 January, the European Commission launched the first cooperation and monitoring cycle for the achievement of the European Union’s digital decade by 2030. If, in the digital field, Europe faces issues of sovereignty, it is because it has left the sector open for over twenty years to the American Tech giants, who have imposed a game whose rules that have never been understood here. Either because these rules were inaccessible to the European Union (Moore and Metcalfe laws), or because we accepted that there were no rules of the game (code is law).
- Topic:
- Markets, Science and Technology, Infrastructure, Law, European Union, Data, European Commission, and Digital Sovereignty
- Political Geography:
- Europe
3. Promoting Evidence-Informed Immigrant Integration Policymaking
- Author:
- Jasmijn Slootjes
- Publication Date:
- 10-2022
- Content Type:
- Policy Brief
- Institution:
- Migration Policy Institute (MPI)
- Abstract:
- Across Europe, immigrant integration policy has often been forged in the heat of crisis and driven by political priorities. This can be seen in the response to millions of people fleeing war in Ukraine and to the 2015–16 migration and refugee crisis. Resources and attention are much less frequently devoted to gleaning lessons from integration initiatives and using them to improve policymaking going forward. Yet, pressing labor shortages, strained government budgets, and social cohesion challenges all point to the importance of implementing integration policies that efficiently use limited resources—and that work. This policy brief explores why immigrant integration has fallen behind other policy areas in embracing an evidence culture and suggests ways to remedy this lag. It first examines recent progress and key gaps in this area, and then maps the obstacles that continue to hinder an evidence revolution in integration policy. The brief concludes with recommendations for creating an environment in which evidence-informed integration policymaking can thrive, including through the effective use of pilot projects, targeted funding, stakeholder engagement, and capacity-building initiatives.
- Topic:
- Migration, Law, European Union, Immigrants, Integration, and Immigration Policy
- Political Geography:
- Europe
4. Hybrid Warfare or Hybrid Threat – The Weaponization of Migration as an Example of the Use of Lawfare – Case Study of Poland
- Author:
- Piotr Lubinski
- Publication Date:
- 03-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This article aims to address the issue of alleged hybrid warfare attacks on Lithuania, Latvia, and Poland. The scope of the article covers the Belarus operations conducted in 2021. Firstly, the author addresses the issue of pushing migrants from a descriptive perspective. Secondly, he debates whether Belarus operation was conducted within the scope of hybrid warfare, hybrid threat, and lawfare? The author concludes that the Republic of Belarus has operated lawfare falling within the hybrid threat spectrum. It means that the situation is not to be classified under the law of armed conflict from the perspective of international and non-international armed conflicts and ius ad bellum violation. Thirdly, the author claims that Belarus has violated international law, so certain legal redress is appropriate and justified. Belarus's actions may result in a court proceeding before the International Court of Justice and before other international institutions.
- Topic:
- Migration, Law, Hybrid Warfare, and Hybrid Threats
- Political Geography:
- Europe and Poland
5. How Has the Coronavirus Affected Polish Criminal Law?
- Author:
- Weronika Stawinska
- Publication Date:
- 06-2022
- Content Type:
- Journal Article
- Journal:
- Polish Political Science Yearbook
- Institution:
- Polish Political Science Association (PPSA)
- Abstract:
- This paper aims to indicate the changes in Polish criminal law introduced in the COVID-19 acts. The text identifies the new regulations of most importance to society. For this reason, the initial focus is on the issue of suspension of procedural time limits and some substantive law time limits from the Criminal Code. It must be stated that, from the perspective of the legal certainty principle, precisely these provisions are of the most significant importance for the defendant. Next, the changes in the Electronic tagging concerning the possibility of interrupting the execution of an imprisonment sentence and serving an imprisonment sentence were discussed. From a criminal policy point of view, higher penalties for the offences of exposure to infection and stalking should also have been mentioned. A new offence of particularly aggravated theft has appeared in the Penal Code and a new offence of obstructing a Police or Border Guard officer in performing official duties. For a more effective fight, it is also vital to provide for the possibility of imposing a new preventive measure and confiscating objects important to public health. The indicated legal developments are presented in the context of human rights protection and in light of recent literature and judicial decisions.
- Topic:
- Law Enforcement, Law, Pandemic, COVID-19, and Health Crisis
- Political Geography:
- Europe and Poland
6. Legal options for a green golden rule in the European Union’s fiscal framework
- Author:
- Zsolt Darvas
- Publication Date:
- 07-2022
- Content Type:
- Policy Brief
- Institution:
- Bruegel
- Abstract:
- Achieving the European Union’s climate goals and decoupling from Russian energy will require a massive increase in green public spending, which will be difficult when EU fiscal rules requiring fiscal consolidation are reinstated. The two major proposals to address the conflicting goals of fiscal consolidation and increased green public investment needs are a possible new European climate investment fund and a green golden rule. The latter would exclude any increase in net green public investment from the fiscal indicators used to measure compliance with fiscal rules, for countries with sound public finances. An EU climate fund and a well-designed green golden rule would be equivalent in terms of project selection, implementation and control procedures. If the climate fund does not involve redistribution across member states, then the treatment of related spending and consequent borrowing in national fiscal indicators and in the EU’s fiscal framework would be the same. New regulations would be needed to set up both the climate fund and the green golden rule. Special legislation would be needed to exempt the subsequent climate expenditures from EU fiscal rules in both cases. A climate fund financed by EU borrowing with redistributive effects across countries would likely result in the exclusion of the fund’s activities from national fiscal indicators and EU fiscal rules without any legislative changes. There are question marks about the desirability and political feasibility of redistribution across the EU for climate purposes. An EU climate fund, irrespective of whether or not it involves redistribution, would mainly benefit southern and eastern EU countries. An instrument is needed to foster green public investment in western and northern EU countries as well. The green golden rule would be such an instrument. While there are some pragmatic options to mimic a green golden rule in the current EU fiscal framework, such as amending the so-called ‘investment clause’ and adjusting the medium-term objective for the structural balance, ultimately, elements of the 2011 Six-Pack legislation and the 2012 Treaty on Stability, Coordination and Governance should be revised to include a green golden rules.
- Topic:
- Climate Change, Law, European Union, Fiscal Policy, and Energy
- Political Geography:
- Europe
7. R (Begum) v Special Immigration Appeals Commission; R (Begum) v Secretary of State for the Home Department; Begum v Secretary of State for the Home Department [2021] UKSC 7, [2021] AC 765
- Author:
- Eric Fripp
- Publication Date:
- 07-2022
- Content Type:
- Journal Article
- Journal:
- Statelessness & Citizenship Review
- Institution:
- Peter McMullin Centre on Statelessness, Melbourne Law School
- Abstract:
- The decision of the Supreme Court represents yet another prompt to reflection asto the very wide provision for deprivation of British citizenship bytheSSHD undertheBNA 1981s 40(2). By making clear the paucity of domestic law restraints upon the SSHD, the decision may ultimately have the effect of moving attention to the question—which the Supreme Court did not address —of whether domestic law safeguards, if not reformed, might be found so insufficient as to fall short of the international law norm prohibiting arbitrary deprivation of nationality, which the European Court of Human Rights in recent cases has been willing to find applicable through the broader art 8 ECHRrights. That question looms over the future but will,for the moment,remain unresolved. It also raises important questions concerning the absence of protection from serious harms which may, given the technical nature of the statelessness definition, not be alleviated by protection from statelessness, and leaves to be resolved on the facts of future cases important issues of child law, including the international human rights protections of the CRC89.
- Topic:
- Law, Children, Citizenship, Courts, and Stateless Population
- Political Geography:
- United Kingdom and Europe
8. The Russian Invasion of Ukraine: Legal Aspects
- Author:
- Pnina Sharvit Baruch and Ori Beeri
- Publication Date:
- 03-2022
- Content Type:
- Working Paper
- Institution:
- Institute for National Security Studies (INSS)
- Abstract:
- Since Russia invaded Ukraine, it has been the object of significant legal pressure. While the various legal measures have no power to stop the bloody war, they deliver a powerful, unequivocal message: any state that flagrantly violates international world and undermines the world order will suffer isolation, condemnation, sanction, and criminal investigations. Israel, which has seemed to lean to sitting on the fence, must join the international efforts against Russia, Otherwise it is liable to find itself on the wrong side of history
- Topic:
- Military Strategy, Law, Conflict, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
9. Brexit and Beyond: government, law and external relations
- Author:
- UK in a Changing Europe
- Publication Date:
- 03-2021
- Content Type:
- Special Report
- Institution:
- UK in a Changing Europe, King's College London
- Abstract:
- Brexit is done. The formal negotiations are over — even though the Trade and Cooperation Agreement paves the way to many further negotiations between the UK and the EU. Our understanding of what Brexit does mean in practice is just beginning. This mini report is for those who want to dig deep on Brexit and its impact upon British governance and the constitutional makeup of the UK, and what Britain’s place in the world is set to look like outside of the European Union. This mini report is taken from the Brexit and Beyond report.
- Topic:
- International Relations, Government, Governance, Law, European Union, Constitution, and Brexit
- Political Geography:
- United Kingdom and Europe
10. Implementation of the Law on Operational Technical Agency and the Law on Interception of Communications
- Author:
- Bijana Karovska Andonovska
- Publication Date:
- 03-2021
- Content Type:
- Commentary and Analysis
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- The analysis reflects the current state from the viewpoint of legal solutions, but also from the viewpoint of real problems seen in practice, which come in part as the result of inconsistent and insufficiently precise legal provisions. Thus, a special emphasis was put on the provisions that do not fully serve the reform priorities and the segments that do not correspond to international documents and the practice of European courts. The analysis offers alternative solutions and concrete recommendations to overcome the evident weaknesses in some of the existing legal provisions. This is especially true for several segments underlined in the text (provisions on interception of communications without the mediation of OTA; provisions on metadata; certain aspect in the interception of communications in the interest of security and defense; security of data; as well as the provisions on oversight and control over the interception of communications). The structure of the document is comprised of an introduction, approach to the reforms, analysis of the legal framework, opportunities and challenges, and conclusions.
- Topic:
- Security, Science and Technology, Communications, Law, and Reform
- Political Geography:
- Europe