Challenges and Prospects for the EU’s Area of Freedom, Security and Justice: Recommendations to the European Commission for the Stockholm Programme. CEPS Working Document No. 313, 16 April 2009

The upcoming Swedish presidency of the EU will be in charge of adopting the next multi-annual programme on an Area of Freedom, Security and Justice (AFSJ), during its tenure in the second half of 2009. As the successor of the 2004 Hague Programme, it has already been informally baptised as the Stockholm Programme and will present the EU’s policy roadmap and legislative timetable over these policies for the next five years. It is therefore a critical time to reflect on the achievements and shortcomings affecting the role that the European Commission’s Directorate-General of Justice, Freedom and Security (DG JFS) has played during the last five years in light of the degree of policy convergence achieved so far. This Working Document aims at putting forward a set of policy recommendations for the DG JFS to take into consideration as it develops and consolidates its future policy strategies, while duly ensuring the legitimacy and credibility of the EU’s AFSJ within and outside Europe

Reinforcing the Surveillance of EU Borders: The Future Development of FRONTEX and EUROSUR. CEPS Challenge Paper No. 11, 19 August 2008.

This paper assesses the implications of the European Commission Communications on the evaluation and future development of FRONTEX (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union) and the establishment of EUROSUR (European border surveillance system). It emphasises that the evaluation of the activities conducted by the EU’s external borders agency over the period 2006–07 fails to address the impact of such undertakings on fundamental rights and freedoms, solely focusing on technical issues and overall efficiency. It argues, furthermore, that the prospects for the development of FRONTEX, including through the proposal for EUROSUR, do not sufficiently address this matter either, while envisaging a significant reinforcement of the modalities of surveillance aimed at the EU’s external borders. The paper discusses the proposals presented in the two Communications, showing how they raise issues from a legal, technical, budgetary and political (i.e. the political desirability of additional measures for surveillance at the EU borders) standpoint. It concludes with a set of recommendations regarding how the prospects included in the two Communications should be approached

Striking a Balance between Freedom, Security and Justice. CEPS Paperback. October 2002

This monograph surveys the achievements of the European Union in the field of Justice and Home Affairs and analyses the pro’s and con’s of setting up an area of freedom, security and justice. The inter-connections between internal and external security issues are carefully examined - both from a practical and institutional point of view-and consideration is given to how to avoid excessive “securitisation” of society. It argues for the need to take an integrated approach towards these issues in order to ensure that the right balance is actually being struck between these three dimensions

The EU's dialogue on migration, mobility, and security with the Southern Mediterranean: filling the gaps in the global approach to migration. CEPS Liberty and Security in Europe, June 2011

Recent events in North Africa and the Mediterranean have had consequences in terms of human mobility, and are putting the foundations and components of EU’s migration policy under strain. The forthcoming European Council summit of 23-24 June 2011 is expected to determine ‘the orientations for further work’ under the Polish Presidency and the next JHA Trio Presidency Programme for the EU’s policies on crossborder migration in the Mediterranean and internal mobility within the scope of the Schengen regime. This paper constitutes a contribution to current and future EU policy discussions and responses on migration, mobility and security. It provides a synthesised selection of recommendations in these domains resulting from the research conducted by the Justice and Home Affairs (JHA) Section of the Centre for European Policy Studies (CEPS) during the last nine years of work. This Policy Brief argues that for the EU’s Global Approach to Migration to be able to satisfactorily address its unfinished elements and policy incoherencies, the Union needs to devise and develop common policy strategies focused on: first, new enforcement and independent evaluation mechanisms on the implementation of the European law on free movement, borders and migration, and the compatibility of EU member states and EU agencies’ actions with the EU Charter of Fundamental Rights. And second, the development of a kind of cooperation (dialogue) with third states that goes beyond security-centred priorities and that is solidly based on facilitating human mobility, consolidating fundamental rights and the general principles of the rule of law upon which the EU legal system is founded

Policy Coherence for Development in the EU Council: Strategies for the Way Forward. CEPS Paperbacks. July 2006

In recognition of the fact that EU policies in non-development areas, such as trade, energy and migration, can also profoundly affect the poor in developing countries, the EU has affirmed ‘Policy Coherence for Development’ as an important principle for achieving more effective development cooperation. This new CEPS study analyses whether policy-making processes in the EU Council provide sufficient scope for development inputs to be made in 12 key policy areas: trade, environment, climate change, security, agriculture, fisheries, social dimension of globalisation, employment and decent work, migration, research and innovation, information society, transport and energy. The study also includes coverage of the policy-making processes in the European Commission as it initiates and defends most of the policies being discussed in the EU Council. Its findings point to the highly segregated character of EU policy-making and provide interesting insights into the internal challenges the EU will need to address in order to fulfil its goal of achieving greater coherency in its (external) policy-making. To strengthen the potential for PCD the study suggests six proposals for structural reform as well as a set of specific recommendations

An Assessment of the Commission’s 2011 Schengen Governance Package: Preventing abuse by EU member states of freedom of movement? CEPS Liberty and Security in Europe No. 47, 26 March 2012

The Schengen system has been at the centre of sharp controversy throughout 2011 and the early months of 2012 arising from attempts by several member state governments to challenge the right to the free movement of persons and the abolition of internal border checks. The speech delivered by Nicolas Sarkozy early this month (March 2012), as part of the French presidential campaign, in which he threatened to suspend France’s participation in Schengen illustrates this phenomenon. This paper examines the European Commission’s response to the Schengen controversies, namely the Schengen Goverance Package published in September 2011 and currently under negotiation in Council and the European Parliament. It assesses the scope and added value of the Package’s two new legislative proposals (a new Schengen evaluation mechanism and revised rules for restating internal border checks) by looking at the origins and features of the debate surrounding liberty of circulation in the Schengen area. The paper addresses the following questions: first, are these new rules necessary and appropriate to effectively respond to unlawful security derogations and restrictions to liberty of circulation? Second, would their adoption provide an effective response to current and future political tensions and national governments’ policies against free movement, such as those evidenced in 2011 and 2012 and for them to expand to other member states? And finally, is the Schengen Governance Package well designed to safeguard the free movement of persons, or is it rather oriented towards further strengthening the security apparatus of Schengen

Made in the USA? The influence of the US on the EU's data protection regime. CEPS Liberty and Security, November 2009

Recent developments have shown that the EU’s border security policy is greatly influenced by the US. This influence simultaneously has implications for other EU policies, including those on data protection. This paper highlights that policy-making at the transatlantic level is increasingly taking place through informal networks, such as the High-Level Political Dialogue on Border and Transportation Security and the High-Level Contact Group on data protection, which allow US involvement in EU policy-making. This tendency stems from the growing personal relationships among policy-makers, the gradual substitution of formal instruments with less formal contracts and informal understandings shaping the content of formal agreements. Drawing from empirical examples of EU–US cooperation on data protection in the context of homeland security, the paper analyses the repercussions of these developments and the issues that remain unresolved, and offers policy recommendations

Building a Common Policy on Labour Immigration: Towards a Comprehensive and Global Approach in the EU? CEPS Working Document, No. 256, 7 February 2007

This paper addresses the building of a common EU policy on labour immigration. It reviews the latest policy developments concerning the harmonisation of the rules for admission and residence of third-country workers in the EU. In November 2006, the European Commission published a Communication entitled “Global Approach to Migration one year on: Towards a Comprehensive European Migration Policy”, which reemphasises the need to develop a transnational policy on regular immigration facilitating the admission of certain categories of immigrant workers through “a needsbased approach” and especially taking into account the case of the “highly skilled”. By September 2007 the Commission intends to present two proposals for directives dealing respectively with the conditions for entry and residence of highly skilled workers and a common general framework of rights for all immigrants in legal employment. The main questions evoked by the EU’s ‘global and comprehensive’ approach and these two proposals are considered along with the essential weaknesses that current policy and legal trends in the national arena may pose to any eventual Europeanisation as a result of following their patterns too closely