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1. A battle against time – and against Putin’s Russia

Author:
Erwan Fouéré
Publication Date:
02-2024
Content Type:
Working Paper
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
With Putin’s war against Ukraine about to enter its third year, the EU’s enlargement policy remains at the top of its foreign policy priorities, with the focus being on both Ukraine and Moldova. This is following the European Council’s decision to open accession negotiations with both countries. But where does this leave the countries of the Western Balkans and their very long journey towards the EU which began over 20 years ago? Will these countries’ hopes for much needed political momentum in their accession prospects be fulfilled during 2024, despite the repeated delays and the EU’s failure to respect its commitments to the region over the past few years? With elections taking place across Europe offering fertile ground for Russia to deploy its arsenal of disinformation tactics, time is not on the EU’s side. To counter Russian attempts to influence developments in the region, as well as to reverse the dangerous trend of backsliding in democratic and rule of law reforms, the EU will need to adopt a more robust, consistent and determined approach towards the Western Balkans. Without any further delay, it needs to set out a much needed geopolitical and security direction for its enlargement policies in the Western Balkans.
Topic:
Security, European Union, Democracy, Geopolitics, Rule of Law, Regional Integration, and Russia-Ukraine War
Political Geography:
Europe, Ukraine, Moldova, and Balkans

2. Institutions and governance in Mozambique :A bird’s eye view based on existing databases

Author:
Ines A. Ferreira
Publication Date:
01-2024
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
Using publicly available databases and drawing on a wide range of indicators, this paper reviews the institutional performance of Mozambique across seven broad categories: rule of law and judicial independence; voice and freedom of expression/association; political participation; accountability and transparency; political instability and violence, and external relations; state legitimacy and political leadership; and governance and state capacity. Overall, the selected indicators point to similar trends within each dimension and suggest limited progress during the last decades. Still, it is fundamental that these insights and the scores presented by the indicators are put into context, and that we understand the historical path of Mozambique, the internal and external factors at play, and the fact that it takes time for progress achieved to be reflected in this type of data.
Topic:
Governance, Leadership, Freedom of Expression, Rule of Law, Accountability, Institutions, Judiciary, Instability, and Political Participation
Political Geography:
Africa and Mozambique

3. Intentionally vague: How Saudi Arabia and Egypt abuse legal systems to suppress online speech

Author:
Dina Sadek, Layla Mashkoor, Iain Robertson, and Andy Carvin
Publication Date:
06-2024
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Egypt and Saudi Arabia are weaponizing vaguely written domestic media, cybercrime, and counterterrorism laws to target and suppress dissent, opposition, and vulnerable groups. Political leaders in Egypt and Saudi Arabia often claim that their countries’ judicial systems enjoy independence and a lack of interference, a narrative intended to distance the states from the real and overzealous targeting and prosecution of critics. Such claims can be debunked and dismissed, as the Egyptian and Saudi governments have had direct involvement in establishing and implementing laws that are utilized to target journalists and human rights defenders. Egypt and Saudi Arabia were selected as case studies for this report because of their status as among the most frequently documented offenders in the region when it comes to exploiting ambiguously written laws to target and prosecute journalists, critics, activists, human rights defenders, and even apolitical citizens. The two countries have consolidated power domestically, permitting them to utilize and bend their domestic legal systems to exert control over the online information space. Punishments for those targeted can involve draconian prison sentences, travel bans, and fines, which result in a chilling effect that consequently stifles online speech and activities, preventing citizens from discussing political, social, and economic issues. Both Egypt and Saudi Arabia enacted media, cybercrime, and counterterrorism laws with ambiguous language and unclear definitions of legal terms, allowing for flexible interpretations of phrases such as “false information,” “morality,” or “family values and principles.” The laws in both countries also loosely define critical terms like “terrorism,” thereby facilitating expansive interpretations of what constitutes a terrorist crime. Further, anti-terror laws now include articles that connect the “dissemination of false information” with terrorist acts. This vague and elastic legal language has enabled the Egyptian and Saudi regimes to prosecute peaceful citizens on arbitrary grounds, sometimes handing out long prison sentences or even death sentences, undermining respect for the rule of law in the two countries. This report explores the development of media, cybercrime, and counterterrorism laws in both countries, and demonstrates through case studies how Saudi Arabia and Egypt weaponize the laws to prosecute opposition figures and control narratives online. This report examines the relationship between criminal charges tied to one’s professional activities or online speech and how those charges can trigger online smear campaigns and harassment. In cases that involve women, gender-based violence is often used to harm a woman’s reputation. Though a direct correlation between judicial charges and online harassment cannot be ascertained, these case studies suggest that dissidents are likely to face online harm following legal persecution, even after they are released.
Topic:
Human Rights, Internet, Freedom of Expression, Rule of Law, Disinformation, and Digital Policy
Political Geography:
Middle East, Saudi Arabia, and United States of America

4. Examining the Gap Between EU Fundamental Values in Theory and Practice: A Case Study of Macedonia’s Journey Toward EU Accession

Author:
Larisa Vasileska
Publication Date:
04-2024
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.
Topic:
International Law, Bilateral Relations, European Union, Rule of Law, Values, Disputes, and Enlargement
Political Geography:
Europe and Macedonia

5. Implications of Article 23 Legislation on the Future of Hong Kong

Author:
Eric Y. H. Lai
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Hong Kong’s Article 23 legislation will integrate the PRC’s national security framework into Hong Kong’s legal system, impacting the city’s rule of law and foreign business interests. Broad and vague definitions of national security will create challenges for Hong Kong’s common law system. It will likely contribute to the erosion of legal certainty and judicial independence. Proposed offenses such as “theft of state secrets” and “espionage” are ambiguously defined, creating uncertainty. This may cause issues for foreign businesses collecting information for due diligence and will further chill freedom of expression in the city. The legislation aims to isolate Hong Kong further from the liberal democratic world, granting extensive powers to the government for political control and undermining public oversight and due process rights.
Topic:
National Security, Rule of Law, Legislation, and Due Process
Political Geography:
China, Asia, and Hong Kong

6. Panel Causality Analysis of the Relationship among the Rule of Law, Technological Advances, Competitiveness, and Value-Added

Author:
Doğan Keşap and Ali Rıza Sandalcılar
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
Istanbul Journal of Economics
Institution:
Istanbul University Faculty of Economics
Abstract:
The status of countries within the global value chain varies depending on the importance of national production capabilities in the global economy. From this perspective, there is a need for a value-added production approach that focuses on innovation and competitiveness. Technological advances and institutions are considered to play a significant role in transforming the economy towards an innovation-driven one to meet these needs. The aim of this paper is to investigate the relationship among technological advances, the rule of law as a proxy for institutions, value-added production, and competitiveness in a way that reflects crosscountry divergence. Through an analysis employed independently of countries’ existing levels of development, it will be possible to evaluate whether the factors associated with institutions and innovation can produce similar results in all circumstances and for each country. In this context, a panel causality analysis that considers cross-sectional heterogeneity is employed. The analysis shows bidirectional causality between the variables, except for value-added to the rule of law. However, the results also support the existence of cross-country divergence. These findings suggest that future policy plans should be designed to consider the multidimensional nature of country-specific factors, alongside technological advances and the rule of law, and to ensure the integration of both national and international economic objectives.
Topic:
Economics, Science and Technology, Rule of Law, Competition, and Value-added Production
Political Geography:
Global Focus

7. Characterizing China’s Rule of Law

Author:
Ben Lowsen
Publication Date:
09-2023
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
Chinese President Xi Jinping is working in earnest to develop for China what his government calls “rule by law” (法治). It is sometimes translated into English as “rule of law,” though this is misleading, as Chinese law cannot restrict arbitrary exercise of power at the highest levels: the Party leads everything. As such, an awareness of the term’s precise meaning in the PRC’s legal-political context is crucial for understanding Xi’s intent. The Chinese president has stated that “the rule of law is an important component of the country’s core competitiveness” (People’s Daily, November 22, 2020). In light of this, the recently promulgated Foreign Relations Law (对外关系法), which emphasizes China’s competitiveness, provides an opportunity to interrogate Xi’s conception of the rule of law. [1] The Foreign Relations Law (henceforth, the Law) is timely. The head of the powerful Legislative Affairs Committee said in an interview that out of the PRC’s 297 national laws, 52 were dedicated to foreign relations and 150 more had provisions relating to foreign relations. [2] The Law is therefore an important addition, “consolidating and describing the major policies and principles of China’s foreign affairs,” in the words of current (and former) foreign minister Wang Yi. [3] Moreover, it comes at a moment in which China is at once increasingly emboldened on the international stage, and whose relations with many developed countries are increasingly fraught. Support from abroad could be helpful for China as it attempts to navigate out of a mismanaged end to the Covid-19 pandemic, but there is little to reassure foreign partners that their investments in the country will be protected by its laws.
Topic:
Foreign Policy, Governance, and Rule of Law
Political Geography:
China and Asia

8. The EU accession prospects of Ukraine, Moldova and Georgia

Author:
Michael Emerson, Tinatin Akhvlediani, Denis Cenusa, Veronika Movchan, and Artem Remizov
Publication Date:
03-2023
Content Type:
Commentary and Analysis
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
In the week following Russia’s invasion of Ukraine on 24 February 2022 all three East European states associated with the EU – Ukraine, Moldova, and Georgia – submitted applications to accede to the EU. In response, the European Commission published ‘Opinions’ in June, setting out in each case conditions that should be met for these applications to advance on the path towards membership. This paper reports on the first half-year of the work undertaken by the three states to meet these conditions. All three states have set in motion actions largely concerning the fundamental political and rule of law criteria for membership. In all cases there is much work in progress underway, with some conditions already met, and others at an earlier stage. For both Ukraine and Moldova, it is possible that the majority of conditions will be met in the course of 2023. For Georgia there are still some more basic political obstacles to be overcome. The Commission is due to publish in October 2023 comprehensive evaluations of the preparedness of each of the three states, and in the case that the conditions are largely met, the EU should as a next step open up the formal accession negotiation process. It is also recommended that the EU reform by that time the accession process itself, notably by switching to qualified majority voting on the details of the procedures, and better still adopting a staged accession process that would assure structured incentives for overcoming the blockages in the present system as seen in the Western Balkans.
Topic:
Politics, European Union, Rule of Law, and Regional Integration
Political Geography:
Europe, Moldova, and Georgia

9. Triggering the Rule-of-Law Conditionality Mechanism against Hungary

Author:
Veronika Jóźwiak
Publication Date:
03-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
The mechanism that makes the payment of funds from the EU budget conditional on compliance with the principles of the rule of law is the newest instrument for protecting the Union’s financial and political interests. The tool allows the European Commission and the EU Council (Council) to exert influence on Member States that violate the fundamental principles of the Community. Triggering it against Hungary might result in a reduction of EU funds to the country as a consequence of rule-of-law violations for the first time in EU history. It is doubtful, however, that this will lead to systemic changes in Hungary.
Topic:
European Union, Rule of Law, European Commission, and Regional Politics
Political Geography:
Europe and Hungary

10. Rule of law: the uncertain gamble on conditionality

Author:
Eric Maurice
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
Will 2023 be the year when Hungary and Poland join the ranks of Member States that respect the values of the European Union? Nothing is less certain because, in Budapest as in Warsaw, the reforms demanded by the Union have not yet been implemented. In early February Polish president Andrzej Duda, referred a law which was supposed to bring an end to disciplinary abuses against judges to the Constitutional Court. The Hungarian government has still not completed reforms to make public procurement more transparent and to strengthen the fight against corruption. The fact that these measures are being discussed indicates however that the balance of power has changed. 2022 was a pivotal year in the European Union's efforts to combat breaches of the rule of law in its Member States. For the first time, a range of new and old tools, specific or not, structural or conjunctural, were used to try to reverse the trend that has been developing for several years, mainly in Hungary and Poland, of undermining the independence of the judiciary, systems of checks and balances, and certain rights that are considered fundamental.
Topic:
European Union, Rule of Law, Judiciary, and Regional Politics
Political Geography:
Europe, Poland, Romania, and Hungary