European Law and Politics Block 2.2

Joost van den Akker LLM, MASchengen under Pressure?

OutlineSimulation Council of the EUMandateNegotiation (QMV?)Strategy (BATNA, package deal, money exchange)OutcomeSchengen?

Exam inspection ELP Block 2.1*

SchengenFree movement of persons1985BeNeLux, W-GER, FRA1995: borders open1997 Amsterdam: back in EU2011: Schengen under pressure?

Delegations:SpainGreecePolandThe NetherlandsGermanyUnited Kingdom

Commission*

Negotiation*

A process through which parties move from their initially divergent positions to a point where agreement may be reached

Sebenius, 2001

Germany, UK29Spain, Poland27Netherlands13Greece,12

Total137

QMV requires double majority: 72,3 % of votes: 100/137

EU-5: Qualified Majority Voting (QMV)

Essential Components:

Involvement of different actors (individuals or groups);

Existence of divergent or conflicting views;

Realisation that there is a common interest;

Attempt to overcome a conflict in a peaceful way by exchange of views and proposals.

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Types of negotiations

Bargaining (competitive also called distributive; how to advance interests versus rivals; how to get largest share; how to protect interests and prevent exploitation)

Problem-solving (cooperative also called integrative; finding joint interests; enlarging the benefits so that all gain)

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BAPrisoners Dilemma

*Successful negotiators:

Separate the people from the problem

Focus on interests, not on positions

Generate a variety of options before deciding what to do

Insist that the results be based on objective criteria

*Successful negotiations require:

Preparation involves researching your own circumstances and latitude for movement, researching the other partys strengths and weaknesses, and making educated assumptions about the other partys position.

Planning involves devising your own strategy, how will you open your case, how you will take the initiative, how you will reduce the other partys expectations etc.

*Preparation:

1. Objectives establish clearly what are you going to negotiate about

2. Examine the background - put the negotiation in context: history of the issues, main actors, their interests, is the climate competitive or cooperative?

*Planning your Strategy (a negotiators plan):

Ideal position what you would like to achieve;Realistic - what you intend to achieve;Fall back - what you must achieve;Bottom line - what you cannot go beyond.

BATNA Best Alternative To a Negotiated Agreement.

*Planning your Tactics:

Reveal your cards slowly i.e. unfold your arguments carefully (stepwise concessions);

Generate options;

Coalition building;

Issue linkages -> package deals;

Devils Advocate approach (what if?).

THE NEGOTIATING CYCLEPREPAREDISCUSSSIGNALPROPOSEPACKAGEBARGAINCLOSE

*Schengen now:

has joined

*Schengen acquis Border governanceNo internal bordersCommon external bordersFRONTEXRules for border controlCommon visa policy

But alsoPolice cooperationEUROPOLJudicial cooperation EUROJUSTSchengen Information System

Related to:Common asylum policy;Legal migration (labour, family reunification)Repatriation

*Latest developmentsRomania and BulgariaTemporary reintroduction of internal border controlsDenmarkFrance/ItalySchengen evaluation?Smart borders?

Proposal temporary reintroduction:Criterion: threat of public orderProvisional situation (EURO2000)Urgency (attack Norway)Shortcoming of MS

Commission will decide instead of MS

* PreLex

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Answer elements of Open Question 1a) Who appoints a Commissioner? Which article(s) govern this? (2 p)The Council, by common accord with the President-elect: article 17 (7) TEU. Commission as a whole must be approved by EP.

b) What happens when a Commissioner resigns, as is the case with Commissioner Dalli? (2 p)Article 246, paragraph 2: when a commissioner resigns, the remainder of his term shall be filled by a new member of the same nationality. The same procedure shall be followed as with normal election. (Council + President; vote of approval by EP)

c) Who is the current president of the Commission? (1 p)Barroso

d) In 1999, the Santer Commission fell, because Commissioner Cresson refused to resign. Suppose Commissioner Dalli had refused to resign. What can be done if a Commissioner refuses to resign? (2 p)CoJ can compulsory retire commissioner, after application by Council or Commission (art 245, 247); EP can vote on a motion of censure (17(8) TEU).

e) What are three of the main responsibilities of the Commission? (3 p)Application of treaties, oversight on application of Union law, budget and manage programs. Coordination, executive and mgmt functions.

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a) Which of the theories discussed during European Law and Politics best describes the relationship explained in the above (fictitious!) article? (2 p)Principal Agent theory; Principal Agent dilemma.b) What are the main elements of this theory? (3 p)Asymmetrical relationship between principal and agent (example: information);Principal relies on agent (trust-based) and has a hierarchical relationship to him;Principal is politically responsible (even though agent technically acts).c) Apply these elements to the case described above, identifying the sections of the article you are using with each element. (3 p)Relationship: Commissioner needs information which only cabinet members have (through industry)Reliance: Commissioner cant do his job without the information provided;Responsibility: Commissioner can be called to account by EP for the consequences of his policy. The cabinet members stay out of the direct line of fire.d) What would you advise the Commissioner to do so that he may avoid a repeat of this situation? (2 p )Double check his information, fire the cabinet member. Be more pro-active.

*Answer elements of Open Question 2