Preparation Kit NS 2014 EYP Sweden

PREPARATION KITFOR DELEGATES

“bridging the divide between me & europe, europe & i”

10th national session of eyp sweden

2

3 note from the president

4 organisational information

5 selection criteria

6 committee topics

7 topic overviews

8-9 links to general resources about the eu

10-16 committee on constituional affairs (AFCO)

17-21 committee on foreign affairs (AFET)

22-28 committee on employment and social affairs (EMPL)

29-35 committee on environment, public health and food safety (ENVI)

36-40 committee on women’s rights and gender equality (FEMM) 41-48 committee on civil liberties, justice and home affairs (LIBE)

49-53 committee on regional development (REGI)

54-58 committee on security and defence (SEDE)

59 contact information

60 session partners

TABLE OF CONTENTS

www.gothenburg14.com

note from the president

Dear delegates of Gothenburg2014,

First of all, let me wish you a very warm welcome to the National Session of the European Youth Parliament Sweden, also on behalf of Anar, Astrid, Dan, Emil, Emilie, Franziska, Hannes, Hans, Jonathan, Love, Maximilian, Oliver, Jonathan, Sarah, Teresa, Victoria and Yasmin, the chairpersons of this session. Herewith, they present you with the academic preparation kit containing all the topic overviews covering the eight topics that will be discussed at the session.

You are getting ready for a very special event. You have all been selected to attend this event and you are some of the brightest young Europeans with lots of potential, and we can only wish for you to show us that in Gothenburg. To help you start your own research, your talented and dedicated chairpersons have written you overviews that should serve as an introduction to the topic. They have outlined the key actors, the measures already in place, and much more. Use these overviews to start shaping your thoughts, ideas and opinions on the topic. What we ask of you is to carefully and actively read your committee topic overviews, highlighting unfamiliar concepts and words; accessing the sources and links; as well as to get an overview of the most important EU institutions, their field of work and how they are relevant for your topic. Lastly, we hope you will conduct your own research, talk to teachers and friends about your topic, and actively follow the news in case your topic is covered in national or international media.

All eight topics are centered around the session theme of “Bridging the divide between me & Europe, Europe & I”, may it be about the recent Euromaiden movement, the European Asylum System, and the upcoming European elections, to name just a few. Even though these topics are intricate, they also give us the opportunity to think about what we want Europe to look like in the future, and you will see that these topics play a key role in that. What do you want Europe to look like in ten years? It’s up to you, young citizens of Europe, to let the world know what you think. I can’t wait to hear your thoughts.

I hope you will enjoy reading the overviews and I’m looking forward to meeting you all in January!

Yours sincerely,

Zahra RunderkampSession President

3 www.gothenburg14.com

organisational information

4

Preliminary programmePlease note that delegates and teachers have different programmes. After the Opening Ceremony, delegates will be in their respective committees where each chair has the overall responsibility for the delegates.

TravelsPlease note that all participants, delegates as well as teachers, are expected to arrive at IHGR no later than 10:00. On Monday, we suggest that departures are booked after 18:00.

LanguageThe working languages at the national session of EYP Sweden are English and French.

AccommodationDuring the session, all participants will stay at Slottskogen Vandrarhem. Bed linen and towels are provided for. Accompanying teachers will have the option to be accomodated in single rooms.

Special needsAny special food (e.g. vegetarian food), allergies, and disabilities shall be mentioned in the registration form. Please give us this information correctly and as soon as possible so that we can arrange a satisfactory alternative.

Dress codeAt the session there are some requirements connected to dress codes:• During the Welcome Ceremony on Saturday morning and General Assembly on Monday, all participants are expected to wear formal clothes (suit for boys and suit/skirt for girls).

• During Teambuilding we recommend you to bring comfortable clothes.

• During all other times delegates can wear normal clothes.

Alcoholic beverages EYP Sweden applies a zero tolerance policy for alcohol throughout the session. Delegates who are confronted drunk will be disqualified from the selection and sent home.

Cups/mugsKeeping with the constantly increasing awareness of our impact on our surroundings, the Organising Team has made the decision to try and reduce session consumption by not using plastic cups during the session. We ask instead that all participants bring their own cup/glass/mug to use during coffee breaks.


4

selection criteria

EYP Sweden is looking for delegations that will represent Sweden in the best possible way at an international session, a delegation that shows an attitude of openness and a willingness to learn from others, and who is ready to contribute to the atmosphere characterised by EYP and its activities. The assessment criteria below (not ranked) form the basis for the jury’s assessment of the delegations during the National Selection Process, and thus the selection of schools that get to represent Sweden at the international sessions in Riga, Latvia (March 2014) and Kiev, Ukraine (October, 2014).

KnowledgeThe delegates shall display knowledge of the different committee topics, in particular their own topic, but also general knowledge about Europe and particularly the EU.

Motivation and spiritThe delegates shall display motivation, team spirit, and dynamism during the session. It is also important to have a positive attitude towards others. The unity of the delegation is essential, and also that every delegate is involved.

Openness and creativityThe delegates shall be open minded and interested in learning more. They should be able to receive and discuss the ideas of others in a balanced and mature manner. Creative ideas and solutions are encouraged.

Communicational skillsThe delegates shall participate actively in discussions and in the debates, both through speaking and listening.

CooperationThe delegates shall display the ability to cooperate with other delegates during the session, but also with the Chairperson and organisers. Teamwork within and outside the committee and delegation is essential.The delegates shall also have the ability to express themselves orally, using one of the two official EYP languages (English or French). These are the only accepted working languages during the session. Even if delegates do not command both languages, they must show respect for the use of both, and that they can deal with situations where they do not fully understand the content.

It should also be noted that EYP Sweden selects schools, not individual delegates. Therefore, it is important that the delegation is a good team, and not just a group of strong individuals.


6

Committee on Foreign Affairs (AFET)The Euromaidan movement: After six years of negotiations on an association agreement between the EU and Ukraine, the cooperation was suspended. Consequently, this lead to massive protests in the capital, but positive reactions from Russia. How should the EU maintain its role as an advocate for democracy and justice, while ensuring stability and progress in all of Europe?

Committee on Civil Liberties, Justice and Home Affairs (LIBE)The Common European Asylum System: While the EU’s treatment of refugees has been heavily criticised by several human rights organisations, it continues to be overwhelmed by the increasing stream of refugees entering its borders. How can Member States work together to ensure not only fair asylum application processes but also humane treatment of all refugees entering Europe?

Committee on Regional Development (REGI)Reviewing the Catalan, Scottish and Flemish experience: With breakaway regions sending the EU into legally and politically unmapped territory, what should the EU’s stance be towards secession movements within its borders and potentially newly emerging sovereign states within the EU territory?

Committee on Security and Defence (SEDE)The aftermath of the NSA spying scandal: Large-scale electronic surveillance is a global phenomenon. How should the EU respond to the possible threats that foreign surveillance poses to information security of European organisations and citizens, taking into account already existing measures in Member States?

Committee on Constitutional Affairs (AFCO)Following the ‘Resolution on improving the practical arrangements for the holding of the European elections in 2014’: What measures should be taken by all EU institutions and Member States to increase voter turnout and thereby improve democratic legitimacy?

Committee on Employment and Social Affairs (EMPL)Opportunity or obligation: With regards to freedom of mobility, how should the EU reconsider the set up of its labour market for young professionals in the fight against youth unemployment?

Committee on Women’s Rights and Gender Equality (FEMM)Penalising prostitution? In light of the varied legal practices across the EU, how best should Member States review their legislation in order to minimise the negative consequences of prostitution on gender equality?

Committee on Environment, Public Health and Food Safety (ENVI)Setting a cap on climate change: as energy prices reach their most volatile in decades and criticism of the Emission Trading Scheme grows in light of the still unreached goal of reducing environmental damage, what actions should the EU take regarding the future of this project?

committee topics


6

topic overviews


OverviewsThe overviews that you will find in the booklet have been written by the Committee Chairpersons to serve as background introduction to your topic. Their aim is to identify the key issues at stake, while summarising the topics relevance. The objective is naturally to keep these overviews balanced, and leave room for you delegates, the engine on the session, room to think and develop on your own. It should be noted that the EYP strongly encourages independent thinking so feel free to go beyond what you read!

Key TermsThe non-exhaustive list of keywords intends to facilitate researching ideas, and the general thirst for information. You may find documents, news items or articles, from different types of search engines, news websites and encyclopaedias. Again, do not be afraid of going the extra mile when researching!

Key QuestionsThe questions for thought are meant to make you think. They might be questions you will need to find an answer to, or they might be questions that no one yet has found a solution to. There might also be questions asking this or that to show you what different opinions that there are on the matter today. The Key Questions are not the only questions relating to the topic, they are meant to help you start thinking.

Research LinksAs regards the suggestions for research links, the list is by no means exhaustive. We very much advise you to put the majority of your focus on your own research. Rather than citing individual links, we have preferred indicating links to websites where several relevant documents and articles can be found. Please note that the EYP is not responsible for the contents on various websites; the texts reflect the opinions of their authors only. We wish you a successful preparation and interesting reading!

Zahra Runderkamp, President of the SessionHugo Dürr, Head Organiser of the SessionMaya Moss, Head Organiser of the Session

8

A comprehensive guide to the European Union (highly recommended):•https://www.dropbox.com/s/5ht602gj1b6fdgg/EYP%20DE%20Guide%20to%20the%20European%20Union.pdf

A brief summary of the EU’s history and its goals:• http://europa.eu/about-eu/index_en.htm

• http://europa.eu/about-eu/eu-history/

An introduction to the EU’s institutional framework:• http://europa.eu/about-eu/institutions-bodies/index_en.htm

• http://www.youtube.com/watch?v=Av2sI0dHXpQ

• http://ec.europa.eu/atwork/index_en.htm

• http://www.european-council.europa.eu/the-institution?lang=en

•http://www.europarl.europa.eu/aboutparliament/en/00b3f21266/At-your-service.html;jsessionid=9811E6D5B86542E7A185D43C05DFFDCD.node1

• http://www.consilium.europa.eu/council?lang=en

About the European Parliament:• http://europarltv.europa.eu/en/player.aspx?pid=24dd4d92-1193-4ebc-b5d8-9f2800a4a40e

• http://www.youtube.com/watch?v=OCUF5t1kRlI

links to general resources about the european union


8

links to general resources about the european union


An explanation of the way the EU makes decisions (ordinary legislative procedure):• http://ec.europa.eu/atwork/decision-making/index_en.htm

•http://www.europarl.europa.eu/aboutparliament/en/0081f4b3c7/Law-making-procedures-in-detail.html

•http://www.europarl.europa.eu/external/appendix/legislativeprocedure/europarl_ordinarylegislativeprocedure_howitworks_en.pdf• http://europarltv.europa.eu/en/player.aspx?pid=2943a9f1-0a1a-4f7c-9fe8-9f82009fa481

An overview of all EU treaties: • http://europa.eu/eu-law/treaties/index_en.htm

The Lisbon Treaty at a glance:• http://europa.eu/lisbon_treaty/glance/index_en.htm

On the EU budget:• http://europa.eu/about-eu/basic-information/money/expenditure/

An overview of the policy areas in which the EU is active:• http://europa.eu/pol/

AFCOtopic overview

COMMITTEE ON CONSITUTIONAL AFFAIRS (AFCO)

Following the ‘Resolution on improving the practical arrangements for the holding of the European elections in 2014’: What measures should be taken by all EU institutions and Member States to increase voter turnout and thereby improve democratic legitimacy?

by Hans Maes (BE) & Love Lyssarides (SE)

1. KEY TERMS

• Democratic legitimacy: Legitimacy is the popular acceptance of an authority or government. In a democratic system, this government is chosen by the people. The more people cast their vote, the more the government will be a proper representation of the overall public opinion.1

• Democratic deficit: In the context of the EU, the democratic deficit usually refers to the transfer of powers from the national governments to the institutions that are not directly elected, i.e. the European Commission, the Council of the EU and the European Council. A widely debated topic, discussions about the democratic deficit have also focused on the low popular interest for the EU, most clearly during elections. 2

• Protest vote: A protest vote is a vote cast to demonstrate the voter’s dissatisfaction with the choice of candidates or with the political system. Usually this vote is cast for a party advocating radical change or profiling itself as anti-establishment.

• The Lisbon Treaty: The last treaty amending the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), coming into force in 2009. A key component of the Lisbon Treaty is to strengthen the democratic legitimacy of the EU by strengthening the role of the European Parliament, which is the only directly elected body of the EU.

Links:

• A very extensive academic paper, by two renowned scholars on EU affairs, discussing the EU

1 http://plato.stanford.edu/entries/legitimacy/2 http://europa.eu/legislation_summaries/glossary/democratic_deficit_en.htm


10

AFCOtopic overview

democratic deficit:www.princeton.edu/~amoravcs/library/hix.doc

• A brief outline of the content of the Lisbon Treaty:http://europa.eu/lisbon_treaty/glance/index_en.htm

2. RELEVANCE AND EXPLANATION OF THE PROBLEM

‘The 2014 European elections will be the first since the Lisbon Treaty entered into force. They will be all the more important as the EU is taking major steps towards a genuine Economic and Monetary Union, of which democratic legitimacy is a cornerstone. The Lisbon Treaty has strengthened the democratic foundations of the Union. It enhances the role of the EU citizen as a political actor in the EU by establishing a solid link between citizens, the exercise of their political rights and the democratic life of the Union. The role of the European Parliament as the representative democratic assembly of the Union has been underscored by the Lisbon Treaty.’3

The 2014 elections have been said to be a possible game changer. After a continuous decline in electoral participation since the first EP elections in 1979 (cf. figure 1), it is the hope of EU officials and policy makers that the 2014 elections will prove to be a watershed, and that voter turnout will increase for the first time in the electoral history of the European Parliament.

Figure 1: Electoral participation in the EU over time.

3 Communication from the Commission to the European Parliament, the Council, The European Econom-ic and Social Committee and the Committee of the Regions, Preparing for the 2014 European elections: further enhancing their democratic and efficient conduct. (COM/2O13/126/FINAL), p. 2.


AFCOtopic overview

What is furthermore of great relevance are the huge discrepancies among different Member States in voter turnout. In the 2009 election Belgium had a voter turnout of 90%, thanks to the compulsory voting, whereas the Swedish turnout was 45% and Slovakia a mere 19%.4 What is of crucial importance for the 2014 elections is the ‘Resolution on improving the practical arrangements for the holding of the European elections in 2014’, that was proposed by the EP and adopted on 04/07/2013. In this resolution, the EP proposes a list of innovative measures with which it hopes to improve the elections. So far clause 5 has received the most attention, as most of the important European political parties are currently in the process of nominating their candidate for the position of European Commission president.

Having the Lisbon Treaty signed and ready, the EU has really got wind in its back and the future looks promising. For the EU to be able to function at all it is, however, crucial to acquire a certain level of political legitimacy. Without it, the EU is trapped and unable to act, react or impact. The underlying question of this debate is: why are certain groups in society not casting a vote? Is it just a matter of better marketing or is it in fact something fundamentally unfavourable about the EU institutions that need to be changed in order for it to attract more voters?

Links:

• More information on the EP election turnout throughout history:http://www.europarl.europa.eu/aboutparliament/en/000cdcd9d4/Turnout-(1979-2009).html

• Very important to understanding the constitutional aspect of the elections and the topic are the electoral procedures of the Parliament:http://www.europarl.europa.eu/ftu/pdf/en/FTU_1.3.4.pdf

• The European Parliament resolution ‚on improving the practical arrangements fort he holding of the European elections’ (2013/2102(INI))http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A7-2013-0219&language=EN

• A Euractiv article on the European elections 2014:http://www.euractiv.com/eu-elections-2014/eu-elections-2014-time-different-linksdossier-530239

4 http://www.europarl.europa.eu/aboutparliament/en/000cdcd9d4/Turnout-(1979-2009).html12 www.gothenburg14.com

12

AFCOtopic overview

3. KEY QUESTIONS

• Will the resolution currently proposed sufficiently improve the quality of the EP elections and the voter turnout?

• Do the EU institutions need additional or alternative measures to achieve their goals?

• What theories are there to explain high and low voter turnout in general? What possible explanations seem most probable in the case of the EP election; are people ill informed, lazy or genuinely feel that their vote doesn’t matter?5

• Which Member States have high and low voter turnout respectively? What could explain these differences?

• Would a high voter turnout in reality strengthen the democratic legitimacy of the EU?

Links:

• A discussion paper from the European Policy Centre, an independent think tank, discussing the 2014 elections: Stratulat, Corina & Emmanouilidis, Janis, ‘The European Parliament elections 2014. Watershed or, again, washed out?’http://www.epc.eu/documents/uploads/pub_3699_ep_elections_2014.pdf

• The flash Eurobarometer 364 on “Electoral rights” provides a lot of answers to some of the questions above:http://ec.europa.eu/public_opinion/flash/fl_364_sum_en.pdf

4. KEY ACTORS

Considering the proposed resolution and the measures mentioned in it, it is clear that the European Parliament is the prime actor when it comes to European elections. Of course, the EP acts within the EU’s institutional triangle, together with the European Commission and the European Council. the European Council. Fortunately for the EP, it has most of the legislative competences on the election procedure. the election procedure. However, when it comes to the executive part of the elections, the EP is limited to the supranational level, as it is the

5 http://www.zencollegelife.com/the-7-reasons-most-americans-dont-vote/13 www.gothenburg14.com

AFCOtopic overview

responsibility of Member States to actually organise the elections.

organise the elections. Therefore, national governments and national parties have substantial influence in the way the European elections are held nationally, far more than for example European political parties. Lastly, but most important, are the EU citizens. They are the ones who do or do not vote, thus influencing all of the above.

Links:

• Useful interactive link explaining how EU legislation and the cooperation between the EU institutions work:http://www.europarl.europa.eu/aboutparliament/en/0081f4b3c7/Law-making-procedures-in-detail.html

• A comprehensive website explaining the amount of national differences in organising the European elections:http://epthinktank.eu/2013/11/14/2014-european-elections-national-rules-2/

5. KEY CONFLICTS

Despite efforts from different EU institutions to improve the elections and boost voter turnout, there is no real consensus on how to do it. Whereas the resolution in the EP was adopted by a clear majority, euro-sceptics in- and outside the institutions challenge the measures, for a varying number of reasons.6 Furthermore, the EP has been said to overstep its legal constitutional boundaries, claiming more power than it actually has. These allegations come from Eurosceptic and pro-European lawyers and academics alike. Additionally, as highlighted by President Barroso in his ‘State of the Union 2012’ address, the political debate is all too often cast as if it were just between national parties. As a result, there is very often a real disconnect between political parties at national level and European political parties.7 As a result thereof, more often than not European elections feature national debates and topics instead of EU-related matters.

Links:

6 http://politicsinspires.org/voter-blues-european-parliaments-efforts-boost-turnout-2014-elections-re-mains-problematic/7 COM/2013/0126/FINAL, p. 4


14

AFCOtopic overview

• A relatively short, comprehensive paper from the Centre for European Reform, arguing against one of the measures (clause 5) proposed by the EC and the EP:http://www.cer.org.uk/sites/default/files/publications/attachments/pdf/2013/esy_commissionpres_11oct13-7937.pdf

6. MEASURES ALREADY IN PLACE

Unmistakably, the resolution of the European Parliament ‘on improving the practical arrangements for the holding of the European elections in 2014 (2013/2102(INI)) is the most important measure already in place. Several of the suggested measures are currently in the process of execution, first and foremost the nomination of candidates for the Commission presidency by the European Political parties, thereby strengthening the role of the parties in the election process. This resolution largely draws upon suggestions made earlier by the European Commission in their ‘Communication from the Commission, Preparing for the 2014 European elections: further enhancing their democratic and efficient conduct’.8 Additionally, to get a grasp of the EU citizens’ public opinion on the elections and the EU institutions, Eurobarometer reports were held, such as the ‘Standard Eurobarometer 80 on Public Opinion in the European Union’ and the ‘Flash Eurobarometer 364 on Electoral rights’ being the most important among them.Furthermore, it is important to notice that the EP has launched an extensive election campaign promoting its values and the election itself to its citizens.

Links:

• Motion for a European Parliament resolution on improving the practical arrangements for the holding of the European elections in 2014 (2013/2102(INI)):http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A7-2013-0219&language=EN#title

• Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Preparing for the 2014 European elections: further enhancing their democratic and efficient conduct. (COM/2013/126/FINAL):http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0126:FIN:EN:PDF

8 (COM/2013/126/FINAL).


AFCOtopic overview

• Standard Eurobarometer 80, Autumn 2013: Public Opinion in the European Union, First Resultshttp://ec.europa.eu/public_opinion/archives/eb/eb80/eb80_first_en.pdf

• European Parliament election campaign website (pay special attention to the election video)http://www.elections2014.eu/en

7. SUMMARY

This committee will start from the existing solutions and suggestions on the issue of European elections. Instead of putting effort into brainstorming completely new ideas, they will build on what has been suggested earlier, evaluating and adopting or rejecting these measures. The nature of the solutions will be twofold. On the primary level, the committee will deal with the institutional question, assessing whether the EU’s institutional legislative set-up is adequate, or could be improved, thereby rendering elections more important. On the secondary level, the issue of the EU’s public relations will be at stake. Reasons as to why citizens refrain from voting and how the EU could counter this will form the main line of discussion.


16

AFETtopic overview

17

COMMITTEE ON FOREIGN AFFAIRS (AFET)

The Euromaidan movement: After six years of negotiations on an association agreement between the EU and Ukraine, the cooperation was suspended. Consequently, this lead to massive protests in the capital, but positive reactions from Russia. How should the EU maintain its role as an advocate for democracy and justice, while ensuring stability and progress in all of Europe?

by Emilie Tilstam (SE) & Maximilian Kiehn (DE)

1. KEY TERMS

• The Euromaidan Movement: The term is used as a self-reference of the pro-European protesters that fear that Ukraine will not actively follow the integration process with the EU. The protests began in November 2013 after the suspension of EU-negotiations.

• EU Ukraine Association Agreement: Following the Partnership and Cooperation Agreement (1998) between the EU and Ukraine, the new Association Agreement negotiated in the years 2007 – 2011, includes cooperation beyond the existing mere bilateral cooperation. The Association Agreement has been adopted by the EU Foreign Affairs Council in 2012 but was suspended by the respective Ukrainian authority in November of 2013.

• Russian Aid Agreement: The Agreement outlines include a package of loans and trade concessions given to Ukraine by Russia, that interlink Ukraine extensively to the Russian economy. The Agreement includes lower gas prices for Ukraine, as well as financial aid. The full details of the Agreement signed in Moscow in mid December 2013 are still uncertain. Links:

• Vice News: Ukraine Risingh t t p : / / w w w. y o u t u b e . c o m / w a t c h ? v = - O e i 0 A o C n 2 A & f e a t u r e = c 4 - o v e r v i e w -vl&list=PLDbSvEZka6GHk_nwovY6rmXawLc0ta_AD

• Russia deal saved Ukraine from bankruptcy - A BBC Articlehttp://www.bbc.co.uk/news/world-europe-25427706


AFETtopic overview


First of all, there is the State of Ukrainian democracy. Ukraine is formally a democracy, but this is often questioned. Neither democratic procedures nor respect of human rights are currently up to European standards, with the 2012 parliamentary election fraud, the imprisonment of former Prime Minister Yulia Tymoshenko and the active discrimination of LGBT-people, Romani people and other minorities. Now, the Euromaidan movement is proving that a big portion of the Ukrainian population do want to a deepened cooperation with the EU and do oppose the often undemocratic ways of the Yanukovych-regime.

Moreover, there is the topic of the EU as an advocate of democracy. The EU has the explicit aim of being an advocate of democracy in countries outside the EU: protecting human rights, promoting pluralist democracy and consolidating the rule of law are not only among the fundamental objectives of the EU but are also important principles for its external relations. Respect for these principles and promoting them is required (Article 49 of the EU Treaty) in all forms of cooperation with third countries, including development cooperation. The case of Ukraine has for a long time been an important issue on the EU’s agenda, andthe suspension will make it more difficult for the EU to put pressure on Ukraine.

Links:

• Freedom House 2013 Ukraine report:http://freedomhouse.org/report/freedom-world/2013/ukraine

• The World Report of Human Rights watch record for Ukraine in 2012:http://www.hrw.org/world-report/2013/country-chapters/ukraine

• Promoting Human Rights and Democratisation in third countries (ie countries outside the Union)http://europa.eu/legislation_summaries/human_rights/human_rights_in_third_countries/r10101_en.htm

3. KEY QUESTIONS

• What steps should the EU take in order to promote political stability and democratic development in Ukraine in the light political U-turn it has undertaken?


18

AFETtopic overview

• What new structures and political guidelines should the EU implement in the future in order to fulfil the desired role as an advocate of democracy all over Europe?

Links:

• Remarks by High Representative Catherine Ashton following a Foreign Affairs Council meeting on December 16th 2013:http://www.eeas.europa.eu/statements/docs/2013/131216_04_en.pdf

• A short fact sheet provided by the European Commission entitled „The European Union Peace and Democracy“:http://europa.eu/newsroom/highlights/eunobel/pdf/9_en.pdf

4. KEY ACTORS

Since the implementation of the Lisbon treaty in 2007 the European External Action Service (EEAS) and the High Representative of the EU respectively have been negotiating with the Ukrainian Government since 2010. The power of the Ukrainian Parliament has been subverted multiple times in the recent present, yet the current Ukrainian Opposition is a driving force for the public protest on Maidan. The Russian Government aims to increase its influence on Ukraine with the recent cooperation agreement, offering Ukraine an alternative draft to further integration with the EU.

Links:

• The official statements of the EEAS about the development in Ukraine:http://www.eeas.europa.eu/ukraine/

• A statement by Viktor Yanukovych entitled “ Documents signed in Moscow were not related to any integration of Ukraine”:http://www.president.gov.ua/en/news/29795.html

5. KEY CONFLICTS

The enlargement of the EU in 2005 was seen as a great success as the EU had then integrated several ex-Soviet countries, such as Poland and the Baltic States, and the ambition was to


AFETtopic overview

integrate Ukraine in the same way. The suspension of the new Association Agreement however represents the first stop in negotiations between the parties and thus the EU faces a political dilemma; on the one hand the EU aims to integrate Ukraine to foster its democratic development and as one of its trading partners. On the other hand, the importance of staying in a good relationship with Russia, an equally important partner, should not be underestimated. With the EU on the one side and Russia on the other, Ukraine is just as well facing a political dilemma, torn between two major political entities. How should the EU balance these two vital interests, good relations with both Ukraine and Russia, and respecting decisions of a sovereign Ukraine?

Links:

• A BBC Article about the development in Ukraine:http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/9095274.stm

• The Guardian article on the EU-Ukraine trade pact suspensionhttp://www.theguardian.com/world/2013/nov/21/ukraine-suspends-preparations-eu-trade-pact

• The Guardian: How Russia views the Ukraine-EU Association Agreementhttp://www.theguardian.com/world/2013/sep/22/ukraine-european-union-trade-russia


The European Neighbourhood Policy (ENP) is the EU’s framework to cooperate with its southern and eastern partners. Based upon a joint ENP action plan partner countries receive support from the EU, including financial support and economic integration in to EU markets in exchange for reforms that promote and show “commitment to democracy, human rights, rule of law, good governance, market economy principles and sustainable development”. Additionally to the bilateral ENP strategies, there are three frameworks, the Eastern Partnership, the Euro-Mediterranean Partnership and the Black Sea Synergy executed and monitored by the EEA to fulfil Europe’s objectives.

Links:

• A summary of the European Neighbourhood Policy:http://www.eeas.europa.eu/enp/index_en.html


20

AFETtopic overview

7. SUMMARY

As Europe’s economic and political power has been growing extensively the EU is forced to take on the responsibility for its political power and redefine its approach towards its neighbouring countries. The EU aims to foster a democratic as well as European focused development in their neighbouring countries. This causes overlapping political interest with Russia and other global political players. What role shouwld Europe play when it encounters undemocratic developments in countries bordering the EU, as can now be seen in Ukraine? Even though the decision to suspend the Association Agreement has been taken by a democratically elected government, how should Europe position itself to the evident democratic deficit in Ukraine? How should the EU position itself towards the Russian development aid, that does not - from a European perspective - seem to foster the democratic development? How should the EU negotiate and cooperate in the future in order to foster a democratic development in neighbouring countries?



EMPLtopic overview

COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (EMPL)

Opportunity or obligation: With regards to freedom of mobility, how should the EU reconsider the set up of its labour market for young professionals in the fight against youth unemployment?

by Sarah Ek (SE) & Franziska Maier (DE)

1. KEY TERMS

• European Labour Market: A common market for labour throughout the EU, which allows the free movement of workforce, including employers and job seekers, across European borders without restraints. This goes hand in hand with the principle of free movement of workers in the acquis communautaire of the EU.

• Freedom of mobility: The freedom of movement for workers is a fundamental right of the EU. It is part of the free movement of persons and one of the four economic freedoms, being free movement of goods, services, labour and capital.

• Youth unemployment: The state of being out of work of young people, typically aged 15–24 years old.

• Skills mismatch: Disparities between the supply and demand of qualifications amongst those providing and seeking employment.

• Higher education/Tertiary Education: An optional final stage of formal learning, which is often provided for through universities, colleges, or vocational schools.

• Vocational education: Training that emphasises skills and knowledge required for a particular job function.

• EU social security coordination: With social security systems being a competence of Member States, social security coordination across the European Economic Area sets down principles for citizens receiving benefits in a country other than their own. In essence, citizens working in another country are entitled to benefits in this country, and may no longer receive benefits in their home country.

22

22 23 www.gothenburg14.com

EMPLtopic overview

• Benefit tourism: Benefit tourism is used to describe the migration to a country other than one’s own in order to receive higher social benefits.

• Brain drain: Brain drain is used to describe the emigration of highly trained or qualified people from a particular country, causing a shortage of qualified labour force in the original country.

Links:

• President of the EU Commission Mr. José Manuel Barroso on skills mismatch:http://vimeo.com/69477093

• Free movement of EU citizens:http://ec.europa.eu/social/main.jsp?catId=457

• Information portal on EU security coordination by the European Commission:http://ec.europa.eu/social/main.jsp?langId=en&catId=850


In the aftermath of a powerful economic recession in the EU, unemployment is still alarmingly high with youth being especially vulnerable. In September 2013, youth unemployment rates were at 56% in Spain, 57% in Greece, 40% in Italy, 37% in Portugal and 28% in Ireland. For young people, the rates were as much as half to two-thirds as high. Finding a job is particular challenging for youngsters, as many businesses cannot afford to hire people fresh out of school with little to no prior working experience. The jobs found are often unstable, with temporary contracts and part-time work with little room for advancement.

Slow economic growth, a rigid labour market, and a mismatch between the skills of potential employees and employers’ needs are all contributing to the problem. The rising youth unemployment is not only considered a result of the economic crisis, but it is thought to have the potential to cripple the economy once more. With such a large number of youngsters only being able to find temporary jobs, it is hard for them to establish proper career paths, which further slows the economic growth of the countries in question.

With disparities between youth unemployment rates across the EU for different Member States, the freedom of movement is thought to have the potential to even out and alleviate the issue.


EMPLtopic overview

freedom of movement is thought to have the potential to even out and alleviate the issue. However, this central right for EU citizens is not being fully utilised leading to its potential value for combating youth unemployment being lost. Debates around upholding so called temporary restrictions for citizens of countries who have just joined the EU or worries of benefit tourism demonstrate that reluctance to fully open labour markets still exist.

Links:

• Statistics on youth unemployment:http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Unemployment_statistics#Youth_unemployment_trends

• Information on working in the EU:http://www.citizensinformation.ie/en/moving_country/moving_abroad/working_abroad/working_in_the_eu.html

• Article about the alleviation of restrictions on the free movement of workers on January 1st:http://www.economist.com/news/europe/21592673-rich-eu-countries-fret-about-social-benefits-tourism-after-lifting-restrictions-free

• UK’s and Germany’s plans to prevent benefit tourism:http://www.spiegel.de/international/europe/germany-joins-uk-in-calling-for-measures-against-benefit-tourism-a-936350.html

3. KEY QUESTIONS

• How unlimited should freedom of mobility be? Do several Member States still view the free movement of workers as a threat?

• How to make employment possibilities abroad more attractive? With many measures in place promoting the free movement of workers, does the free movement of workers remain accessible only to an elite? Does it have disadvantages for economically weaker states?

• How can people choose an adequate education and training to qualify them for the needs of the labour market? How can people find the employment opportunities that match their qualifications? Can EU level labour unions contribute to a common European labour market?

24


EMPLtopic overview

• How to make use of diversity of EU labour market effectively to combat youth unemployment and fully profit from a young European workforce?

Links:

• Young and Educated in Europe, but Desperate for Jobs:http://www.nytimes.com/2013/11/16/world/europe/youth-unemployement-in-europe.html?_r=0

• Youth unemployment statistics explained:http://epp.eurostat.ec.europa.eu/statistics_explained/index.php/Youth_unemployment

• Disadvantages of the freedom of movement for economically weaker states:http://www.greeneuropeanjournal.eu/brain-drain-or-just-mobility/

4. KEY ACTORS

The European Commission has an advisory, supervisory and coordinating role. Member States are the ones to take individual and joint actions through various means. Labour unions are dedicated to protecting members’ interests and improving wages, hours and working conditions for all. Employers are responsible for providing a good environment for their employees with room for development and growth. Employees can make a substantial difference by making use of different measures to aid them in seeking employment.

5. KEY CONFLICTS

Criticism of the free movement of workers, especially during economic recessions, is that workforce immigration makes it even more difficult for natives to find employment within their own country as it increases competition on the labour market. On top of this, Member States fear that poverty immigration will lead to benefit tourism with immigrants taking advantage of more sound or beneficial social security systems. Although this fear is widely spread in politics and across societies, a recent study by the European Commission shows that mobile EU citizens have an impact of below 5% on welfare budgets in nearly all countries studied.


EMPLtopic overview

Economically weaker Member States have also been prone to restrict freedom of labour to retain their skilled workforce. For example, Hungary attempted to implement a law that would make their youngsters stay in the country for ten years after graduation to prevent brain drain.

With many measures promoting vocational education, some worry that this might discourage youngsters from seeking higher-level education. Their versatility on the labour market might be lost if they’re only educated for one specific role within a workfield, which limits youngsters at a very early age. Others see an increased focus on vocational education as natural and necessary, as it decreases the gap between education and work by providing youngsters with work experience as they learn.

Flexicurity is a strategy for enhancing both flexibility and security in the labour market by making employment contracts more flexible, while at the same time expanding social security measures for those without employment. Some argue that while this strategy is said to increase security it can only do the opposite, as flexicurity makes it much easier to hire and fire people. With stability already being such an issue for the European labour market, many worry strategies such as flexicurity might only further fuel the issue, rather than help to resolve it.

Links:

• Favourable opinion of vocational education:http://www.telegraph.co.uk/education/10545162/Duke-of-York-enters-education-debate-by-saying-university-should-be-icing-on-cake-rather-than-direct-route-to-jobs.html

• Youth unemployment as a skills problem:http://www.theguardian.com/commentisfree/2013/jul/01/youth-unemployment-not-age-lack-of-skills

• Hungarian regulations on retaining university students:http://www.bbc.co.uk/news/world-europe-19213488

• Explanation of the concept of flexicurity:http://ec.europa.eu/social/main.jsp?catId=102

26


EMPLtopic overview

• Study on the impact of mobile citizens on welfare budgets:http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=1980&furtherNews=yes


The free movement of workers is a fundamental principle of the EU which entitles European citizens the right to look for a job in another EU country, work there without needing a work permit, reside there for that purpose, stay there even after employment has finished and enjoy equal treatment with nationals in access to employment, working conditions and all other social and tax advantages.

The EU has put together several programs to tackle the rising youth unemployment. One of which being Working together for Europe’s young people – A call to action on youth unemployment (2013). This program aims to aid EU countries and firms in recruiting young people partly through support for intra-EU labour mobility with EURES, and to encourage and accelerate the implementation of the Youth Guarantee. EURES, also known as the European Job Mobility Portal provides information on working in the EU, including job search facilities and career guidance.

Along with EURES there is also ERASMUS, an exchange program that aims to give greater access to learning or employment opportunities in different countries and encourage greater mobility. ERASMUS further aims to help make qualifications, experiences and skills more easily recognised throughout the EU. It also includes the Leonardo Da Vinci programme that funds projects in the field of vocational education and training, including giving youngsters work related training abroad.

Youth on the move is part of the Europe 2020 initiative and aims to improve young people’s education and employability by making education and training more relevant to young people’s needs, encouraging more of them to take advantage of EU grants to study or train in another country and encouraging Member States to take measures simplifying the transition from education to work.

The EU Skills Panorama provides information and statistics on the needs of the labour market in Europe in an effort to counteract the skill mismatch.


EMPLtopic overview

Links:

• EURES:http://ec.europa.eu/social/main.jsp?catId=993&langId=en

• ERASMUS & The Leonardo Da Vinci programme:http://ec.europa.eu/education/lifelong-learning-programme/erasmus_en.htm

• EU Skills Panorama:http://euskillspanorama.ec.europa.eu/

• Youth on the move:http://ec.europa.eu/youthonthemove/index_en.htm

7. SUMMARY

With so many measures aimed at intra-EU labour mobility and cooperation it is clear that a joint effort is currently sought to tackle youth unemployment across the EU. The question remains, to what extent should this joint effort span? The current freedom of mobility offers a wide range of opportunities for youngsters, but national restrictions and barriers are still in place. Based on the differences in the causes and symptoms of youth unemployment as well as employment policies for different Member States a spectrum of opinions on the issue have arisen, spanning from unemployment being a national issue requiring a national level solution to youth unemployment requiring a drastically collaborative solution such as the Single European Labour Market.

28


ENVItopic overview

COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (ENVI)

Setting a cap on climate change: as energy prices reach their most volatile in decades and criticism of the Emission Trading Scheme grows in light of the still unreached goal of reducing environmental damage, what actions should the EU take regarding the future of this project?

by Jonathan Piepers (BE) & Oliver Stenbom (SE)

1. KEY TERMS

• EU Emissions Trading Scheme: The EU Emissions Trading Scheme (ETS) is an international system for trading greenhouse gas emission allowances. The 31 countries involved (the 28 EU Member States plus Iceland, Liechtenstein and Norway) have a greenhouse gas emissions cap influenced by the Kyoto Protocol and the “Roadmap for moving to a low-carbon economy in 2050”. The ETS allows the affected companies to trade allowances to reach their set targets. In total the ETS accounts for an estimated 45% of total EU emissions. 1

• EU carbon allowances: A system that refers to allowances in the ETS. One EU Allowance (EUA) represents one tonne of CO2 (or the equivalent in other greenhouse gasses) that the holder is permitted to emit. Allowances are allocated to companies who are allowed to freely exchange them on an open market depending on their obligations within the ETS framework.2

• Carbon leakage: The situation in which, for reasons of costs related to climate policies, businesses transfer production to other countries that have laxer regulations on greenhouse gas emissions. This could lead to an increase in their total emissions whilst creating a feigned decrease in the home country.

• Roadmap for moving to a competitive low-carbon economy in 2050: A policy document containing a comprehensive, economy-wide vision for how the EU can carry out the transformation to a clean, competitive and climate-friendly society. Most prominently this document contains the goal of cutting domestic greenhouse gas emissions by 80% by the middle of this century.

• Kyoto Protocol: An addition to the aforementioned instrument that binds its signatories

1 http://www.environment-agency.gov.uk/business/topics/pollution/140761.aspx2 http://www.powerplantccs.com/ref/glos/eu_allowance__eua_.html


ENVItopic overview

to decrease their greenhouse gas emissions by 5.2% below 1990 levels.3

Links:

• Institutional factsheet containing the main features of the EU Emission Trading System:http://ec.europa.eu/clima/publications/docs/factsheet_ets_en.pdf

• Executive summary of the content of the Kyoto Protocol:http://unfccc.int/kyoto_protocol/items/2830.php

• Breakdown of the framework instated by the UN Framework Convention on Climate Change:http://www.climate-leaders.org/climate-change-resources/india-at-cop-15/unfccc-cop


Covering emissions from approximately 11,000 installations, including power stations, combustion plants, oil refineries and iron and steel works, as well as flights on the territory of ETS countries, the EU ETS is the biggest emission trading system on the planet. The system revolves around a ‘cap and trade’ of emissions on the EU market.4 ‘Cap’ since a vital component of the scheme is an EU-wide limit on carbon emissions and ‘trade’ as in order to achieve the overall ceiling on emissions a market for emission allowances is being set up. Additionally, the use of carbon-offset credits from projects under the Kyoto protocol and Clean Development Mechanism are allowed within the scheme to help achieve ETS goals.5 This trading set-up is the main vehicle to attain the global cap on carbon discharges across the EU that in 2013 was set on approximately 2,29 billion tonnes of carbon dioxide and will be lowered (by 1,74%) every following year.6 The aforementioned market set-up was created to allow companies to find their own way of reducing emissions in the cheapest way possible without too much governmental influence. The system is currently in its third phase that runs from 2013 until 2020 and is expected to cut emissions by 21% by 2020.7

Recently, a waterfall of criticism has fallen over the EU Emission Trading System. More 3 http://unfccc.int/essential_background/convention/items/2627.php4 http://ec.europa.eu/clima/policies/ets/5 http://www.davidsuzuki.org/issues/climate-change/science/climate-change-basics/carbon-offsets/6 http://ec.europa.eu/clima/policies/ets/cap/index_en.htm7 http://www.carbontrust.com/resources/reports/advice/eu-ets-the-european-emissions-trading-scheme#euets-current

30


ENVItopic overview

fundamental criticism on the scheme is directed towards its set-up, as it has been designed in the spirit of a free market for emission certificates. Although the aforementioned criticism might be jumping to an all too easy conclusion, it must however be recognised that the ETS is facing more well founded opposition across the EU. It is said that the flagship character and rigidity of the ETS prevents from taking more specific measures for the targeted industries.

Furthermore, globalisation and the subsequent relocation of industries to less regulated territories leads to the so-called carbon leakage. This causes a decrease in emissions affected by the ETS but most often only means these pop up in countries where they will not be documented or regulated.8 The risk for carbon leakage has however been significantly lowered due to the overall decline in price and inflation of emission certificates and the pile-up of those. The aforementioned has been caused by a sudden decline in emissions caused by the global economic crisis. Currently the debate is raging whether there should be an EU wide intervention in the price of emission certificates to keep the system viable and guarantee the quintessential incentive for investment in greener technologies. A proposal on this matter has passed the Parliament but is facing a tough Council session. Furthermore, this proposal has been criticised as only being a patch-up measure by many key actors.9

Links:

• Presentation covering the rationale for the particular measures and coverage of the EU Emission Trading System:http://www.thepmr.org/system/files/documents/Coverage%20in%20Emissions%20Trading%20-%20European%20Commission.pdf

• Campaigning document demonstrating the harshest criticism on the EU Emission Trading System in an effort to gather support for the abolishing of the scheme:http://scrap-the-euets.makenoise.org/english/

• Article from The Economist illustrating the problems surrounding the declining price of carbon allowances in the ETS framework:http://www.economist.com/news/finance-and-economics/21576388-failure-reform-europes-carbon-market-will-reverberate-round-world-ets/

8 http://www.ecofys.com/en/project/carbon-leakage/9 http://www.ft.com/cms/s/0/53738a00-e3fa-11e2-b35b-00144feabdc0.html#axzz2ob0FS09H


ENVItopic overview

3. KEY QUESTIONS

• Should the EU review the fundamental premise of the EU ETS, namely its ‘cap & trade’ market set-up complemented with offset credits, whilst retaining the same ultimate goal?

• How can investment in green, carbon-efficient technologies be better incentivised within the framework of the EU ETS?

• Should there be an intervention influencing the carbon price on the ETS market in order to battle the constant decline in price (that is however not induced by the cap as such, see above) and safeguard structural reform to battle climate change?

• How can the EU tackle feigned emission reductions by ‘carbon leakage’?

• In which way can the system allowing free use of carbon-offset credits be amended in order to combat abuse whilst retaining the possibility to compensate for foreign investments in carbon offsetting?

4. KEY ACTORS

The key actors involved in the ETS are the 31 countries that are a part of it. This includes all 28 Member States plus Iceland, Liechtenstein and Norway. These are the countries that will first be affected by changes in the ETS. The ETS is a policy that is implemented by the European Commission, which has the power to alter the implementation of the ETS, lately postponing the auctioning of some allowances to meet emission reduction targets and to battle inflation on the ETS market. Furthermore, the industrial sectors under the auspices of the ETS are also key to attain the targets of the scheme. The strong lobbying power from these industries manages to actively impact the decision making in the ETS. Lastly, one can also mention the international community and the subsequent obligations of the EU under the UN Framework Convention on Climate Change and the Kyoto Protocol, but also important trade partners such as China and the US are parties indirectly affected by the ETS and have knowingly opposed the programme in the past.

Links:

• 2005 PEW Center report delivering background to the fundamental premises of the ETS and

32


ENVItopic overview

its creation process (most interesting are the pages 1 to 9):http://www.c2es.org/docUploads/EU-ETS%20White%20Paper.pdf

• Overview of how the EU aims to ensure compliance with the targets of the EU Emission Trading System:http://ec.europa.eu/clima/policies/ets/monitoring/index_en.htm

5. KEY CONFLICTS

The most apparent conflict in this topic is to be situated between the industries affected by the EU ETS and the EU. The former are often, but not exclusively, driven by classic corporate ideals and thus try to make sure emission goals have the smallest possible economic impact. Especially the newly integrated steel and aviation sectors have greatly increased the lobbying power and impacted the negotiations on Phase III of the ETS.10

The EU however is trying to accomplish its obligations under the Kyoto protocol but also its own ambitious objective of reducing Europe’s greenhouse gas emissions by 80-95% compared to 1990. It must be noted however that there is also a strong internal divide within the EU as some countries such as Poland are still highly dependent on coal to fuel the economy and refuses to shift to natural gas that is ought to be imported from Russia.

On a broader scale, the EU ETS has been under fire by global leading economies as the US (who has not ratified the Kyoto protocol) and China. This reaction from other world powers has been provoked by the application of the European scheme on foreign firms.11

Links:

• Article by the Global Warming Policy Foundation highlighting one of the internal divides within the EU concerning the scheme:http://www.thegwpf.org/poland-other-countries-to-veto-ets-reforms-says-minister/

• Article illustration the influence oft he aviation sector and the US on the application oft he ETS on foreign companies:10 http://www.flightglobal.com/news/articles/airbus-and-partners-urge-eu-leaders-to-stop-ets-trade-conf-lict-369357/11 http://www.ainonline.com/aviation-news/aviation-international-news/2012-01-04/political-conflict-looms-major-powers-seek-defy-eu-ets


ENVItopic overview

http://www.bingham.com/Alerts/2012/11/EU-ETS-Puts-International-Flights-on-Hold


First of all, the ETS is one of the main executive measures implemented to fulfil the objectives enshrined in the Roadmap for moving to a competitive low-carbon economy in 2050. Many of the problems experienced in the ETS so far have been blamed on the first ‘trial and error’ phase of the ETS between 2005 and 2007, but the EU believes that it can learn from its mistakes and succeed to a much higher degree in Phase III and Phase IV. Many of the major problems with Phase I and II have been attempted to be addressed in Phase II with new measures in place, such as setting an overall EU cap, tighter limits on the use of offsets and a move from the previous allowances system to auctioning. Starting in 2021, Phase IV will focus on increasing the rate at which the emissions cap is reduced (from 1,74% each year), extending the coverage to other sectors, such as the household sector, limiting the access to international credits and introducing a price floor for allowance auctions.

Links:

• Institutional factsheet on the EU Roadmap for moving to a competitive low-carbon economy in 2050:http://ec.europa.eu/commission_2010-2014/hedegaard/headlines/topics/docs/roadmap_fact_sheet_en.pdf

• Description of previous phases and Phase III of the EU Emission Trading System:http://www.fas.org/sgp/crs/misc/R41049.pdf

• Description of Phase IV of the EU Emission Trading System:http://en.wikipedia.org/wiki/European_Union_Emission_Trading_Scheme#Phase_IV

7. SUMMARY

Being a cornerstone of the EU environmental policy, the biggest system of its kind and an inspiration for similar schemes in Australia, Japan and others, the EU ETS remains a flagship in the battle against carbon dioxide emissions. It would however be all too easy to ignore the weak points and criticism surrounding this key policy. Although being a very ambitious scheme, it is currently under vast pressure due to an inflation of carbon allowances; this has driven

34


ENVItopic overview

the carbon price down and thus effectively taking away any incentive to undertake additional investment in green technologies. It must be noted though that this does not compromise the existence of a guaranteed universal cap. Therefor the main question this committee will be addressing is how the EU ETS should be amended whilst keeping in mind the goals of a low-carbon yet competitive economy?


FEMMtopic overview

Committee on Women’s Rights and Gender Equality (FEMM)

Penalising prostitution? In light of the varied legal practices across the EU, how best should Member States review their legislation in order to minimise the negative consequences of prostitution on gender equality?

By Yasmin Dinar (SE) & Anar Kučera (CZ)

1. KEY TERMS

• Prostitution: An activity where a prostitute provides sex to the customers against a payment. Prostitution exists in a variety of ways and prostitutes as well as customers are both female and male, however the majority of the prostitutes are female and customers male. Prostitution is sometimes linked with organised criminal activity such as human trafficking.

• Penalising prostitution: Penalising prostitution is the act of making the market (usually both for the prostitutes as well as for the customers) of prostitution illegal and punishable by law. For example, a law passed in France in 2013 that has set a fine for the purchase of sex. Similarly since 1999 such a law exists in Sweden. Both these examples are slightly unique since they only penalise the customers.

• Human trafficking: An illegal activity where humans are traded as objects for variety of reasons, which also includes forced prostitution. Human trafficking is a crime against the person because of the violation of the victim’s rights through coercion and exploitation. Victims of human trafficking are generally forced to work for or provide services to the trafficker or others. They are held against their will through acts of coercion.


Prostitution exists in all countries in many different ways. However the legal framework is differing from country to country. The most common legal framework for prostitution is unregulated legality. This commonly refers to a situation where prostitution as such is legal, but brothels and pimping are not. Some countries have regulated prostitution to make it legal with according frameworks, most notably the German law from 2002. German politicians defend the law by arguing that decriminalising prostitution is a way to put the power in the hands of the prostitutes and abolish organised criminality.


FEMMtopic overview

Countries that have decided to make prostitution illegal also differ. The more common model is the so-called Nordic model. Countries like Sweden make the purchase of sex illegal, therefore only the customer is being penalised and the prostitute remains unpunished. The strictest legislation then penalises both the customer as well as the prostitute, traditionally based on the assumption that prostitution is an immoral activity.

The main argument for the penalisation of prostitution nowadays is often the argument of gender equality, because prostitution would be an obstacle for equality between men and women; even more it increases the inequality between women and men. As the majority of prostitution is in fact between women as prostitutes and man as customer, this argumentation does not reflect the male prostitution that is also very widespread towards both male and female customers.

Moreover, there are different opinions whether legalisation of prostitution helps solving the problem of organised criminality. The common view is that decriminalisation of prostitution helps fighting organised crime as prostitutes do not have to rely on brothels or pimps but can legally offer their services and ask the state to defend them in case of danger, something that is not possible when prostitution is illegal. However, some recent findings have suggested that legalisation increases organised human trafficking and contributes to criminality. Here it is important that hard data that would clearly support one side of the argumentation here is unavailable.

Links:

• An article that sums-up different aspects of debate on prostitution in France: http://www.newstatesman.com/world-affairs/2013/01/should-prostitution-be-legalised-france

• The question of whether legal prostitution contributes to criminality is being discussed in this article: h t t p : / / w w w. ny t i m e s . c o m / 2 0 0 8 / 0 2 / 2 4 / wo rl d / e u ro p e / 2 4 a m s te rd a m . h t m l ? _r=1&pagewanted=all

• Debate page that offers different viewpoints on prostitution by several contributors: http://www.nytimes.com/roomfordebate/2012/04/19/is-legalized-prostitution-safer

37


FEMMtopic overview

3. KEY QUESTIONS

• Regulation of prostitution is a national sovereign right of Member States often based on their cultural background. Can a common base for tackling the issue on a European level be found?

• Since human trafficking is a cross-border crime, there is a need for international cooperation. Should the EU incorporate prostitution in its policies on justice and home affairs?

• With so many opinions on prostitution and a lack of hard data is a comprehensive solution to the problem possible or do we work on the lowest common denominator?

• What should be the main focus when dealing with prostitution? The issue of gender equality, fight against organized crime, the freedom of enterprise or something else?

4. KEY ACTORS

Prostitution as such is a national matter, but the issues of human trafficking and gender equality are certainly issues that touch the European level. The European Commission deals with these aspects in its Directorates General for Home Affairs (DG HOME) and Employment, Social Affairs and Inclusion (DG EMPL). Similarly the European Parliament discusses these issues in its committees on Civil Liberties, Justice and Home Affairs (LIBE) and Gender Equality and Women’s Rights (FEMM). Also many NGOs are involved in this field supporting both sides of the debate. Other NGOs try to provide help to prostitutes or victims of human trafficking.

Links:

• More on human trafficking from the EC:http://ec.europa.eu/justice_home/fsj/crime/trafficking/wai/fsj_crime_human_trafficking_en.htm

• DG EMPL:http://ec.europa.eu/social/main.jsp?langId=en&catId=1

• DG FEMM:http://www.europarl.europa.eu/committees/en/femm/home.html


FEMMtopic overview

• LIBE committee in the EP:http://www.europarl.europa.eu/committees/en/libe/home.html

5. KEY CONFLICTS

The main conflict inherent in this topic is the question whether legalisation of prostitution helps or harms the object of achieving gender equality. Those who argue in favour of legalisation mainly mention that legality gives the prostitutes a decision; they are no longer forced to hide in illegality. Since they say that prostitution will always exist regardless of what the legal framework is, this is a better way to deal with it. The other side argues that prostitution per-se creates gender stereotypes and makes the prostitutes more objects than subjects. Also, even if prostitution cannot be abolished entirely, a decrease would already be a big success. In addition, the question of how male prostitutes fit into the scheme of prostitution mainly as a gender based problem needs to be answered. On a broader scale the question of prostitution as such and its linkage to organised criminality and human trafficking has to be considered when dealing with this topic.


On an EU level no coherent strategy on prostitution exists, as it is not a EU competence. However, the EP adopted a call on the creation of such a strategy in 2011. The call is not legally binding and has therefore no implications so far. Though, the EU deals with parts of the problem, it adopted a strategy on human trafficking in 2012 and is dealing with the issue of gender based violence as far as its competences allow for that.

As mentioned above the Member States have a different legal frameworks, from legal regulations over non-regulated tolerance to partial or full ban on prostitution.

Links:

• The EU Strategy on human trafficking: http://ec.europa.eu/news/justice/120619_en.htm

• An article by a women lobby NGO on the EP call on EU strategy on prostitution: http://www.womenlobby.org/get-involved/ewl-campaigns-actions/together-for-a-europe-free-from/actualites-de-la-campagne/at-the-eu-level/article/ep-calls-for-eu-strategy?lang=fr

39


FEMMtopic overview

7. SUMMARY

The questions raised in this topic are not easy and neither are the possible solutions. The public debate is very limited and focused around different national solutions based on cultural differences between countries. Only in a few countries the issue of gender equality plays a role at all when discussing the legal frameworks for prostitution. In addition, any European solutions are very hard to adopt and implement since the issue is a national one and the EU in general has no competencyover it; only parts of the topic such as human trafficking are tackled on the European level.


LIBEtopic overview

Committee on Civil Liberties, Justice and Home Affairs (LIBE)

The Common European Asylum System: While the EU’s treatment of refugees have been heavily criticised by several human rights organisations, it continues to be overwhelmed by the increasing stream of refugees entering its borders. How can Member States work together to ensure not only fair asylum application processes but also humane treatment of all refugees entering Europe?

by Emil Juslin (SE) & Victoria Bendiksby Wilkinson (NO)

1. KEY TERMS

• Asylum seeker: someone who leaves their own country for their safety, often for political reasons or because of war, and who travels to another country hoping that the government there will protect them and allow them to live there. Asylum seekers are persons submitting a claim for refugee status, pending a legal procedure.1

• Asylum shopping: “Asylum shopping” in the EU context is used to describe the phenomenon where an asylum seeker applies for asylum in more than one Member State or chooses one Member State in preference to others on the basis of a perceived higher standard of reception conditions or social security assistance.2

• Visa: Is a document showing that the person is authorised to enter or leave the territory the visa is applied in. Different visa include transit visa, tourist visa, refugee visa and asylum visa.

• Immigration detention: Is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, and those subject to deportation and removal in detention until a decision is made by immigration authorities to either grant a visa and release them into the community, or to repatriate them to their country of departure.3

• The Common European Asylum System (CEAS): New EU rules setting out common high standards and stronger co-operation to ensure that asylum seekers are treated equally in

1 http://www.ecre.org/refugees/refugees/refugees-in-the-eu.html2 http://www.publications.parliament.uk/pa/ld200405/ldselect/ldeucom/84/8407.htm#note353 http://www.humanrights.gov.au/publications/immigration-detention-and-human-rights

41


LIBEtopic overview

an open and fair system – wherever they apply within the EU.45

• The Dublin Agreement: Is an EU law that determines which Member State is responsible to examine an application for asylum. The goal is to not have multiple asylum applications in different European countries from the same asylum seeker. The mail rule is that the first country an asylum seeker arrives in is the country that shall examine the application.

• The European Council on Refugees and Exiles (ECRE): a pan-European alliance of NGOs protecting and advancing the rights of refugees, asylum seekers and displaced persons.6

• The United Nations High Commissioner for Refugees (UNHCR): An agency which mandate is to lead and coordinate international action to protect refugees and resolve refugee problems worldwide.7

Links:

• The EMN Glossary improves comparability by enabling a common understanding and use of terms and definitions relating to asylum and migration:http://ec.europa.eu/dgs/home-affairs/what-we-do/networks/european_migration_network/glossary/index_a_en.htm

• Basic information about the Dublin Regulation and their goals. http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/examination-of-applicants/index_en.htm

• Criticism against the Dublin Regulationhttp://commissioner.cws.coe.int/tiki-view_blog_post.php?postId=80

• Information about the European Database of Asylum Law (EDAL)http://www.asylumlawdatabase.eu/sites/www.asylumlawdatabase.eu/files/EDAL%20Leaflet%20-%20English.pdf

4 http://www.youtube.com/watch?v=aSuqV7q_CNY5 http://ec.europa.eu/dgs/home-affairs/e-library/docs/ceas-fact-sheets/ceas_factsheet_en.pdf6 http://www.ecre.org/about/this-is-ecre/about-us.html7 http://www.unhcr.org/pages/49c3646c2.html


LIBEtopic overview

• The home page of the European Commission’s site for Home Affairs, specifically their information about the CEAS: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm


The number of asylum applicants in EU-27 rose to more than 330 000 in 2012, an increase of around 30 000 compared to 2011.8 When thinking about what has happened internationally in 2013 and the current situation in South Sudan and Syria amongst others, there is no reason to believe that this number will decrease in the near future.

This October the whole world was shocked when 280 people were killed outside an Italian retention centre, at the island Lampedusa.9 Estimation says that around 2000 people drown every year while they are trying to get to Europe. Member States have gone together to try and make the sea safer10, but the problems do not end at the frontiers of Europe.

Over the years and especially the last couple of years, multiple human rights organisation have criticised European retention centres for treating asylum seekers and refugees badly. The process is said to be degrading and multiple European countries have been criticised by the UN Committee Against Torture.

In 2013 the European Commission managed to introduce the Common European Asylum System. After decisions in the Parliament and the Council in June 2013, it is now sure that the EU will at the latest by autumn 2015 have a common asylum system. With this, all Member States should ensure a fair and humane treatment of asylum seekers, wherever they may arrive.

There are two issues especially regarding the Dublin agreements that should be mentioned. Now, there are two important exceptions from the main rule of returning an immigrant to the country where he or she first arrived, and therefore, objectively, is the right country to examine the application for asylum. The first possible exception is the clause of sovereignty: “By way of derogation from paragraph 1, each Member State may examine an application for asylum lodged with it by a third-country national…” After this clause, all countries are given the right to 8 http://epp.eurostat.ec.europa.eu/cache/ITY_OFFPUB/KS-QA-13-005/EN/KS-QA-13-005-EN.PDF9 http://www.thehindu.com/news/international/world/italy-closing-down-lampedusa-immigrant- holding-centre/article5501291.ece AND http://ec.europa.eu/commission_2010-2014/malmstrom/news/ar-chives/2013/10/20131008_en.htm10 http://europa.eu/rapid/press-release_IP-13-1199_en.htm

43


topic overview

44

LIBEtopic overview

decide to examine an application themselves, even though it objectively is another country who is to do it. This can for example be due to different practices of where it is safe to return asylum seekers to or due to a direct or an indirect danger for non-refoulement. This clause can also be used where the asylum system itself is so miserable that no one should be returned to it. An example here is the M.S.S case. It has been a practice within the EU to consider other European countries as safe, but case-law from both ECHR and the European Court of Justice11 shows us that this should no longer be the practice. Still, some countries have never used the sovereignty clause12.

The second exception is the humanitarian clause, which ensures countries taking responsibility for an examination even though they are, after the objective criterias, not responsible. The reason behind this clause is mainly to ensure that family members can be reunited. “Any Member State, even where it is not responsible under the criteria set out in this Regulation, may bring together family members, as well as other dependent relatives, on humanitarian grounds based in particular on family or cultural considerations” (Art. 15).

3. KEY QUESTIONS

• How do we ensure an effective and fair asylum seeking process, where the dangers of not thoroughly considered non–refoulement are minimized?13

• What to do about the detention centres that are so much used today, and heavily criticised by so many14. Should they be used at all15 or limited to parts of the application process?

• Does the Dublin III and other parts of the CEAS sufficiently protect the interest of families? And does the Dublin III agreement sufficiently protect especially vulnerable groups, such as children, victims of torture and elderly people?

11 http://europa.eu/about-eu/institutions-bodies/court-justice/12 UNHCR, 2006 report page 30; ECRE, 200613 http://bordercriminologies.law.ox.ac.uk/the-numbers-game/14 http://www.detention-in-europe.org/index.php?option=com_content&view=arti-cle&id=348%3Aun-committee-criticises-eu-countries-on-detaining-asylum-seekers&catid=3%3Anews-flash&Itemid=26215 http://bordercriminologies.law.ox.ac.uk/alternatives/


LIBEtopic overview

• Do the asylum seekers and refugees themselves get enough information about the process they are taking part in to take care of their own rights? Whose responsibility is it to give this kind of information?

Links:

• NGO JRS stand on detention, and alternatives to it:h t t p : / / w w w . d e t e n t i o n - i n - e u r o p e . o r g / i n d e x . p h p ? o p t i o n = c o m _content&view=article&id=309&Itemid=262

• ECREs survey on legal aid for asylum seekers in Europe from October 2010:http://www.ecre.org/component/downloads/downloads/268.html

4. KEY ACTORS

The key actors acting on the area of a common European Asylum System are the European governments, the EU1617, the ECHR, NGOs and the asylum seekers and refugees themselves. The challenge regarding this topic is to ensure that one sees all the problems from all the different perspectives. Firstly, European governments often have an individual agenda based on economic possibilities and political popularity. The EU tries to see things more as a whole and to see what would be most beneficial for the EU as a whole, practically and economically. Second, the ECHR have shown in specific cases that they can and will examine concrete cases. They have over the years especially build up quite some experience with Dublin-cases18. Case law from the ECHR is binding for the Member States involved, but in practice will they mostly also be binding for others who are members in the ECHR. Case law from the ECHR can also be used in the work with new legislation19. Lastly, asylum seekers and refugees are often not visible in the discussion of how the process should be, instead there are multiple NGOs who speak on behalf of the refugees and asylum seekers.

16 http://www.youtube.com/watch?v=O37yJBFRrfg17 http://www.coe.int/aboutCoe/index.asp?page=nepasconfondre&l=en18 http://www.echr.coe.int/Documents/FS_Dublin_ENG.pdf19 http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-103050#{“itemid”:[“001-103050

45


LIBEtopic overview

Links:

• The Commission, Home Affairs and also Cecilia Malmström, the commissioner responsible for the Home Affairs portfolio, hereunder migration:http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm

http://ec.europa.eu/commission_2010-2014/malmstrom/index_en.htm

• The home page of the European Council on Refugees and Exiles and the NGO, Jesuit Refugee Service Europe. There are also multiple other NGOs worth checking out:http://www.ecre.org

http://www.jrseurope.org/index.htm

5. KEY CONFLICTS

It is no secret that the southern European countries receive many more asylum seekers than the northern European countries. In the current economic situation this is especially interesting as northern states are in general better off economically than the southern states. Measures have already been implemented to tackle this in the Dublin agreement, especially relating to the allocation of EU funding. The southern countries thus believe that not enough is done.20 How should the burden be best shared? There is another difficult question that needs to be tackled. Greece has for a long time been a country standing out due to its lack of implementing asylum regulations, both EU-regulations and international binding agreements. It took a long time before the EU institutions acted upon the human rights situation for the refugee and asylum seekers in the country.21 Member States and the EASO have tried to help Greece in setting up an infrastructure that can cope with the massive amount of refugees arriving in the country. The conflict is still current, and one can discuss whether the exceptions to the Dublin agreement should be applied also on other European countries, such as Italy and Spain.

Links:

• Euronews reports on a meeting between EU ministers about sharing the asylum load:

20 http://www.hrw.org/news/2013/10/24/no-easy-fix-europes-asylum-policy21 http://www.noas.no/wp-content/uploads/2013/08/Hellas_Rapport_out_the_backdoor.pdf


LIBEtopic overview

http://www.euronews.com/2013/10/08/eu-ministers-discuss-sharing-asylum-load-across-europe-in-wake-of-lampedusa-/

• Spiegel online, a german news site, gives an introduction of how refugees are treated upon arrival in some European countries:http://www.spiegel.de/international/europe/asylum-policy-and-treatment-of-refugees-in-the-european-union-a-926939.html


The 1951 Convention held in Geneva relating to the Status of Refugees is the key legal document in defining who is a refugee, their rights and the legal obligations of states. The convention is a UN convention, but all Member States have signed it22.

The leading European regulations on the area are the ‘Dublin agreements’. The Dublin agreements are one part of the EU’s project of creating a common European Asylum system. The Dublin agreement’s main object is to hinder multiple asylum applications from the same person in different European countries. To ensure an effective maintenance of the Dublin Agreement, the Eurodac-cooperation23 was started in 2000. 19th of July 2013 was the day the Dublin III Regulation entered into force in Europe. The new regulation have been both criticised and applauded.24 The Dublin Agreement, both Dublin II and Dublin III are essential for the committee as they are the main legislation on the asylum seeking process in Europe. Other EU legislation in place is: The revised Asylum Procedures Directive, The revised Reception Conditions Directive, The revised Qualification Directive and The revised EURODAC Regulation.

In 2013 a two day conference was held at the Council of Europe, ‘Immigration Detention in Europe: Establishing Common Concerns and Developing Minimum Standards’. Since then, attendees have put together a Draft Standards Framework for the Treatment of Immigration Detainees.25 This is not yet European legislation.

22 http://www.unhcr.org/pages/49da0e466.html23 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000R2725:EN:HTML24 http://www.ecre.org/index.php?option=com_downloads&id=77325 http://bordercriminologies.law.ox.ac.uk/wp-content/uploads/2013/12/Immigration-detention-stan-dards-framework.pdf

47


LIBEtopic overview

Links:

• The European Commissions sum up of different legislations on the area of asylum:http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/asylum/index_en.htm

7. SUMMARY

The committee on Civil Liberties, Justice and Home Affairs need to address the problem of sharing the burden between the northern and southern European states. How should this be done? When addressing this they have to especially keep in mind the economic challenges of the countries, and the needs of the immigrants as mentioned under 2 and 3. They also need to address the situation that the asylum seekers meet once they are in a country, hereunder their social situation, right to free legal aid and the use of detention centres.


REGItopic overview

Committee on Regional Development (REGI)

Reviewing the Catalan, Scottish and Flemish experience: With breakaway regions sending the EU into legally and politically unmapped territory, what should the EU’s stance be towards secession movements within its borders and potentially newly emerging sovereign states within the EU territory?

by Astrid Vikström (SE) & Teresa Stadler (AT)

1. KEY TERMS

• Separatism: a movement for (regional) separation.

• State: a politically organised body of people, usually living in a specified territory.

• Sovereignty: a country’s independent right and authority to govern itself.

• Regional breakaway: a term referring to the recent rise in regions who voice a will to break away from the state they belong to, and create sovereign territories of their own.

• Breakaway region: referring to the specific region that has initiated the separation from the state it belongs to.

• Secession movement: a more general term used to refer to groups who share separatist ideas.

• Autonomy (of a country or region): having the freedom to govern itself or control its own affairs.

• Federation: a group of states with a central government but independence in internal affairs.


With separatist movements gaining support in regions such as Catalonia in Spain, Scotland in the UK, and Flanders in Belgium, the EU is likely to face a considerable challenge in the coming years, as the movements are on the rise across the EU and may change the European

49


REGItopic overview

map considerably. The issue of regional breakaways is unmapped territory, as no satisfactory preceding examples of how to address succession movements within EU territory exist.

Understanding the EU’s competencies in this matter as well as the accession process is core to comprehend this issue. Barcelona was the first in turning to the EU for legal assistance for being granted the right to hold a referendum and uphold EU membership, which a newly established sovereign Catalonia would currently lose. In order for an applicant country to find itself in accession discussions there are a range of criteria that need to be met; ranging from political and economic stability to implementation and maintenance of state institutions monitored by the EU. Furthermore, granting a nation the status of candidate country has to be a unanimous decision by all Member States.

Links:

• EU enlargement policyhttp://ec.europa.eu/enlargement/

• Opinion article about succession movements http://euobserver.com/opinion/118655

3. KEY QUESTIONS

• Are all regions entitled to independently decide on their sovereignty?

• Should a region vote in favour of separation, then what happens to the people’s rights as EU citizens?

• Should there be a standard procedure to deal with breakaway regions on an EU level?

• What consequences would such a procedure have on a regional, national, and European level?

Links:

• Scottish independence; key questions answered on the pros and cons:http://www.theweek.co.uk/uk-news/scots-independence/55716/scottish-independence-key-questions-answered-pros-and-cons


REGItopic overview

• Would an independent Catalonia remain in the EU?:http://euobserver.com/opinion/121565

4. KEY ACTORS

Amongst the key actors are most importantly the different governments, the regional and the central ones. The collaboration between these two and the degree of autonomy of a region play a key role in determining the progress of separatist movements. Moreover, the influence of parties that promote regional independence and have the ability to mobilize a lot of people should not be underestimated. The Council of European Municipalities and Regions (CEMR), which is the largest organisation of local and regional governments in Europe also plays an important role in this matter. Members are national associations of towns, municipalities and regions from 39 countries and its task is to promote a united Europe, based on locally and regionally autonomous government and democracy. 15% of its annual budget is paid for by the European Commission. The Congress of Local and Regional Authorities of the Council of Europe is a pan-European political assembly, aiming to promote local and regional democracy, improve local and regional governance and strengthen authorities’ self-government. It pays particular attention to application of the principles laid down in the European Charter of Local Self-Government. It encourages the devolution and regionalisation processes, as well as trans-frontier cooperation between cities and regions.

Links:

• European Charter of Local Self-Government:http://conventions.coe.int/Treaty/en/Treaties/Html/122.htm

• Council of European Municipalities and Regions http://www.ccre.org/en/article/3_2

5. KEY CONFLICTS

The major conflict lies in the disparity between perceived ideas of different groups. One party may describe the breakaway movement as a fight for freedom, or a fight for human rights and democracy, whilst the other party might argue that the breakaway region knows nothing of solidarity or affinity. Moreover, questions about cultural identity and historical struggles between the two parties fuel the conflict. While this constitutes the core debate between

51


REGItopic overview

breakaway regions and the respective “homeland”, the challenge for the EU is to decide on a coherent procedure dealing with succession movements. The main question is if all secession movements can and should be addressed the same according to a set guideline or policy or if each case should be assessed individually according to a certain set of criteria. It needs to be understood that the separation itself is not up for discussion on an EU level but rather the effects of such a breakaway and its impacts on internal affairs need to be evaluated and addressed.

Links:

• A reflection on how the EU should react when the “integrity of its member states is under threat”:http://euobserver.com/opinion/118655

• A the Guardian article on the current EU power structure, and its implication for the secession movement:http://www.global-briefing.org/2013/04/is-europe-cracking-up/


The lack of strategy and concrete measures is at the core of this problem. The first step for regions pressing for a split from their “homeland” is to hold a referendum. So far, however, only Scotland has been granted the right to hold an official referendum. If a majority of Scots speak in favour of an independent nation, and the British government acknowledges the decision, the next step is to draft a constitutional settlement and elect members of parliament. Should London not accept this decision, there is the possibility of declaring unilateral independence - a situation that would raise further legal problems on national and EU level. Currently, there are three notable regions on EU territory that are pushing for regional independence. Differences between these three cases illustrate the complex situation the EU is in, as it is trying to form a coherent policy to address this issue.

Firstly, the Spanish province of Catalonia has a complex history with the nation it is part of. Cultural and linguistic differences further contribute to the formation of a strong Catalan identity. While the region is relatively small geographically, it is part of the Eurozone and constitutes a meaningful part of the country’s GDP. This also contributes to the unwillingness of the Spanish government to acknowledge Catalonia’s call for independence, further stirring opposition to the central government. Second, Flanders is another region that is economically


REGItopic overview

more productive than the rest of the country and also part of the Eurozone. The region makes up 60% of Belgium and is home to the Flemish-speaking majority. While it seems like Flanders could “survive” on its own, it is questionable if the remaining parts would be fit to do the same. Finally, there is Scotland, rich in resources but much poorer than the rest of the UK. Seeing as the region is not part of the Eurozone, it is also questionable if the monetary union with the UK would be upheld in case of a breakaway. The British government has granted the region a referendum that will be held on September 18th 2014.

Links:

• How Scottish independence would work: blueprint unveiled:http://www.theweek.co.uk/uk-news/scots-independence/56252/how-scottish-independence-would-work-blueprint-unveiled

• Barça-loners: Will breakaway Catalonia fracture Spain? + European Union:http://www.theguardian.com/world/series/barca-loners-will-breakaway-catalonia-fracture-spain+eu

7. SUMMARY

The regions mentioned above share a strong independent identity and history. Moreover, they already have regional administration and governments in place that produce legislation and policies on a smaller scale. Gaining full power over their economic situation as well as seats in the UN and EU to represent their specific interests are all advantages of independence. However, several issues might arise. One issue would be the possible gap between regional spending and revenue raised which will cause them to either collect higher taxes or cut public service spending. Furthermore, there is the problem of setting up an independent security and defence system, which is rather costly as well as the general state of the economy that might not be fit to meet the challenges of globalisation. Finally, the breakaway of these regions is likely to impact countries in similar situations, as one regional breakaway has the potential to fuel other separatist movements within the EU.

53


SEDEtopic overview

Committee on Security and Defence (SEDE)

The aftermath of the NSA spying scandal: Large-scale electronic surveillance is a global phenomenon. How should the EU respond to the possible threats that foreign surveillance poses to information security of European organisations and citizens, taking into account already existing measures in Member States?

By Dan Brown (UK) and Hannes Ahlvin (SE)

1. KEY TERMS

• National Security Agency (NSA): The National Security Agency/Central Security Service (NSA/CSS) is home to America’s codemakers and codebreakers. The National Security Agency provides the intelligence to help decision makers and military leaders. The Central Security Service was established in 1972 to promote a full partnership between the NSA and the cryptologic elements of the armed forces.1

• Electronic Surveillance: Observing or listening to persons, places, or activities—usually in a secretive or unobtrusive manner—with the aid of electronic devices such as cameras, microphones, tape recorders, or wire taps. The objective of electronic surveillance when used in law enforcement is to gather evidence of a crime or to accumulate intelligence about suspected criminal activity.2


The National Security Agency has the prime purpose to collect intelligence to protect the interests of the United States. Collecting intelligence or ‘spying’ is not a new concept and indeed, many countries across the world will conduct their own forms of ‘spying’. In the UK, for example, the intelligence services MI5, MI6, and GCHQ collect intelligence to help secure and protect the interests of the UK home and abroad. However, recent leaks by Edward Snowden, a former employee at the NSA, are starting to uncover the true extent of intelligence operations conducted. From this new evidence provided by Snowden it is clear that US intelligence has gone too far. For example, the NSA reportedly collected data on millions of US customers of Verizon, a telecom firm, and on 60 million calls in Spain. It is also

1 National Security Agency http://www.nsa.gov/about/index.shtml 2 Electronic Surveillance http://legal-dictionary.thefreedictionary.com/Electronic+Surveillance


SEDEtopic overview

said to have obtained data on 70 million digital communications in France - and spied on Chancellor Angela Merkel, among several heads of states, for years.3 Spying on the German Chancellor, normal European citizen and US customers across the world; it is a clear threat on civil liberties and individual sovereignty. Sabine Leutheusser-Schnarrenberger, then Justice Minister of Germany, made the statement that “if the media reports are accurate, then this recalls the methods used by enemies during the Cold War,” and continued that “it is beyond comprehension that our friends in the United States see Europeans as enemies.”4

Politicians and citizens across Europe have raised their concerns regarding the spying scandal and the call to ban or limit spying have increased greatly in light of this scandal.

Links:

• Edward Snowden, after months of NSA revelations, says his mission is accomplished. The Washington Post:http://www.washingtonpost.com/world/national-security/edward-snowden-after-months-of-nsa-revelations-says-his-missions-accomplished/2013/12/23/49fc36de-6c1c-11e3-a523-fe73f0ff6b8d_story.html

• NSA spying scandal: Barack Obama signals review of surveillance programmes following Edward Snowden revelations. The Independent:http://www.independent.co.uk/news/world/americas/nsa-spying-scandal-barack-obama-signals-review-of-surveillance-programmes-following-edward-snowden-revelations-9019547.html

• Spying row: Merkel urges US to restore trust at EU summit. BBC News:http://www.bbc.co.uk/news/world-europe-24647602

3. KEY CONFLICTS

A line has been crossed by the NSA. Their intelligence operations have permeated into European society whereby politicians and citizens privacy is at risk and something must be done to prevent this from happening. It is a difficult balance to strike, as intelligence gathering 3 ‘How is the NSA’s fault of secrets being unlocked?’ BBC 30th October 2013 http://www.bbc.co.uk/news/magazine-246772374 ‘French and German fury over claim US bugged offices’ BBC 30th June 2013 http://www.bbc.co.uk/news/world-us-canada-23120955

55


SEDEtopic overview

is necessary to protect citizens across the world, yet there must be restrictions that are respected and not ignored, to ensure the simultaneous protection of lives and civil liberties.

Given the secrecy with which intelligence services operate, it is extremely hard to ensure compliance with agreements, both for the government responsible for the agency and for other governments. All the while, making these agencies transparent is a non-option, as it would compromise the work that they perform.

Links:

• NSA Spying Scandal: what we have learned. The Guardian:http://www.theguardian.com/world/2013/jun/10/nsa-spying-scandal-what-we-have-learned

• NSA Spying Scandal explained. The Guardian:http://www.fastcompany.com/3021029/most-creative-people/the-nsa-spy-scandal-for-dummies-via-the-guardian#1

• Spy Leaks. BBC News:http://www.bbc.co.uk/news/world-24657791

4. KEY QUESTIONS

• What should we do to prevent further infringements on civil liberties in the future?

• How can we know and ensure that the NSA and other intelligence agencies will respect the implementations made?

• Given the global threats of terrorism and extremism, it is clear intelligence gathering is necessary, so how can we strike a balance between protecting and not infringing – where do we draw the line between freedom and security?

• By the nature of their tasks, intelligence gathering organisations needs to be highly secretive, which has led to a lack of democratic insight and regulation to their practices. Is transparency in any form possible for intelligence gathering organisations without compromising their tasks, and if not, how can control over them be ensured?

56


SEDEtopic overview

5. KEY ACTORS

The NSA alongside the CIA are the pivotal organisations that operate on behalf of the US and, as to be expected with any intelligence gathering organisations, their methods and objectives are highly secretive and remain largely unknown. The past few months have seen a flurry of accusations and denial of said accusations on behalf of the US government with General Keith Alexander, director of NSA, claiming that the reports about the organisation’s data collection of European phone records are “completely false.”5

Each Member State has an obligation to monitor their own intelligence gathering organisations and there is a split in opinion throughout the EU with fingers pointing at the UK intelligence services, as GCHQ were heavily involved with the NSA.


Data privacy in the EU is currently under the authority of national governments with standards varying enormously across the 28 countries, complicating efforts to arrive at satisfactory data transfer agreements with the US. The big Silicon Valley companies easily sidestep the current rules, Brussels argues.

Given the scandal, many MEPs argue that more needs to be done, with the likes of Philipp Albrech, MEP of the German Greens, arguing that “as parliamentarians, as politicians, as governments we have lost control over our intelligence services. We have to get it back again”.6

As such, new data protection regulation is being steered through the European Parliament. The new rules, if agreed upon, would ban the transfer of data unless based on EU law or under a new transatlantic pact with the Americans complying with EU law. Yet, there are a number of loopholes within the new rules which therefore, even if agreed upon, may not provide the necessary security from intelligence agencies such as the NSA.

5 ‘How is the NSA’s fault of secrets being unlocked?’ BBC 30th October 2013 - http://www.bbc.co.uk/news/magazine-246772376 ‘New EU rules to curb transfer of data to US after Edward Snowden revelations’, The Guardian - http://www.theguardian.com/world/2013/oct/17/eu-rules-data-us-edward-snowden

57


SEDEtopic overview

Links:

• New EU rules to curb transfer of data to US after Edward Snowden revelations. The Guardian:http://www.theguardian.com/world/2013/oct/17/eu-rules-data-us-edward-snowden

• NSA spying scandal: Merkel and Holland demand talks. The Independent:http://www.independent.co.uk/news/world/americas/nsa-spying-scandal-merkel-and-hollande-demand-talks-as-us-is-accused-of-listening-in-on-phone-calls-of-35-world-leaders-8901065.html

• Why the EU’s Response to the Spying Scandal is Contradictory. The New Federalist:http://www.thenewfederalist.eu/Why-the-EU-s-Response-to-NSA-Leaks-Spying-Scandal-is-Contradictory,06082

58

58 59

contact information


HEAD ORGANISERS HUGO DÜRR MAYA MOSS [email protected] [email protected] +46768779803 +46768605983

www.twitter.com/Gothenburg2014

Do not hesitate to contact us through any of the information provided below. We will reply as soon as possible.

www.facebook.com/Gothenburg2014

[email protected]

60

SESSION PARTNERS

www.gothenburg14.com Disclaimer: This product is meant for educational purposes only.