Key Member States Research Articles

The Obligation to Establish and Uphold Judicial Independence under Article 19(1) TEU

This article explores the obligation of Member States, under Article 19(1) TEU, to uphold the judicial independence of all national courts who ‘may’ rule on Union law. The European Court of Justice (ECJ) first set out this obligation in their seminal ruling in Associação Sindical dos Juízes Portugueses and has since developed an extensive case-law. This article explores and discusses that case-law with the purpose of setting out, in a general manner, the key obligations Member States have under Article 19(1) TEU. Furthermore, where the ECJ has only set out general requirements without detailing their content, this article expands on the case-law by supplementing and contrasting solutions provided to similar issues in the case-law of the European Court of Human Rights (ECtHR), the recommendations of the Venice Commission and in wider International Human Rights Law. Finally, this article discusses whether judicial independence can be balanced against other aims, concerns and goals, and what room that leaves Member States to justify potential restrictions on judicial independence by the pursuit of (other) legitimate objectives.

The Politics of the European Minimum Wage: Overcoming Ideological, Territorial and Institutional Conflicts in the EU Multi‐level Arena

AbstractUntil recently, the idea of a European minimum wage (EMW) policy had never taken concrete shape, due to the heterogeneity of national wage‐setting and collective bargaining institutions, uncertain EU competence on the matter, and widespread scepticism amongst political actors. In 2022, however, the EU adopted a directive on adequate minimum wages. How did this make it to the EU agenda, despite the many political, territorial and institutional tensions? What coalitions supported and opposed it? Based on a reconstruction of the policy process substantiated by an analysis of news media data and 14 interviews, this article investigates the multi‐level politics of the EMW. It shows that, despite enduring ‘euro‐social scepticism’ in northern Europe, the emergence of pro‐minimum wage coalitions in key member states and the increase of party‐competition dynamics at the EU level were crucial in overcoming the lines of conflict that had long hindered EU initiatives on minimum wage co‐ordination.

The Unilateral Turn in EU Trade Policy? The Origins and Characteristics of the EU’s New Trade Instruments

The introduction of over half a dozen unilateral European Union (EU) trade policy instruments in the past few years seems to represent a major shift to the EU’s previous focus on bilateral and multilateral avenues. This article investigates the origins of the recent unilateralization of EU trade policy and the main characteristics of the new instruments. What are the new instruments’ goals and why does the EU introduce them now? We identify six key determinants of this trend: the rise of state interventions, increasing sustainability ambitions, a more adverse geopolitical context, the paralysis of the multilateral trading system, the resistance to bilateral trade agreements and changing preferences within key Member States. The instruments can be divided in three clusters focused on competitiveness, sustainability, and security. They share to a larger or lesser degree five key features: reciprocity, deterrence, built-in engagement, extension of internal policies, and the pursuit of international public goods. Our analysis points at a unilateral turn with EU characteristics, offering a framework for studying trade unilateralization in comparative perspective. EU, Trade Policy, Unilateralization, Geopoliticization, Bilateralism, Multilateralism, Sustainability

A moving target. EU actorness and the Russian invasion of Ukraine

ABSTRACT The war in Ukraine sends mixed signals about the capacity of the EU to be a relevant actor. Despite steps forward over defense, strategic autonomy has been seen as a ‘pipe dream’ that has encountered a ‘reality check’. Key member states are in a similar predicament. Despite talk of a Zeitenwende, Germany has been deemed a ‘reluctant giant’. France has allegedly seen discourse on European sovereignty vindicated, but at the same time has managed to alienate a few EU countries. We interpret this ambivalence as an effect of the fragmentation of the liberal international order, accelerated by war in Ukraine, and claim that this process is increasing the requirements for EU actorness. We then identify a range of reactions to such situation. We map them and leverage the mapping to offer a research agenda on the politics of EU foreign policy.

US and NATO strategy in Ukraine: scenarios for relations with Russia

This article examines scenarios for the development of relations between certain members of the North Atlantic Treaty Organization and Russia. The author attempts to assess the bloc’s internal cohesion in terms of relations with Russia and to identify what timelines key NATO member states have defined as to their foreign policy planning in the current crisis.

Operationalizing Human Security: What Role for the Responsibility to Protect?

The concept of human security, whose origin could be traced back to the 1994 Human Development Report published by the United Nations Development Programme (UNDP) represents an ambitious attempt to broaden the meaning of security and, perhaps most importantly, challenge the state-centric notion of national security. A resolution (A/RES/66/290) adopted by the United Nations (UN) General Assembly in September 2012 has, for the first time in UN history, formally recognized human security as an approach to ‘assist Member States in identifying and addressing widespread and cross-cutting challenges to the survival, livelihood and dignity of their people’. While the discussion of the human security concept continued within the UN, the advocacy of key UN member states for human security had been shifted to the Responsibility to Protect (R2P). Considering the fact that the potential role of the R2P to promote and operationalize human security has not been adequately explored, this article seeks to understand the positive potential role that R2P can play in operationalizing human security by exploring the relationship between the two. Acknowledging the efforts of Lloyd Axworthy, the former Canadian foreign minister, in situating ‘human security in the R2P era’, this article argues that R2P plays an important role in clarifying the scope and sharpening the focus of human security. This, therefore, can help strengthen the implementation of the human security concept.

Contested views? Tracing European positions on lethal autonomous weapon systems

ABSTRACT The article explores the evolving positions and negotiation strategies of the EU and its member states regarding lethal autonomous weapon systems (LAWS). Specifically, it traces the proceedings around the UN disarmament forum Convention on Certain Conventional Weapons (CCW) from 2013 to 2020. Embedded in the norm contestation literature, the empirical section draws upon semi-structured interviews as well as document analysis. We find that, despite the absence of a CFSP position on the matter, the EU and key member states have been instrumental in shaping the discussions. However, the role of the EU is constrained due to double contestation. First, at the level of member states contestation persists on what is the appropriate regulatory framework (hard or soft law). Second, contestation is also exerted towards the EU by some member states who contest the EEAS’s involvement. Some are conscious that presenting an “EU position” might constrain their ability to build global coalitions. Others do not want the EU to interfere with their national sovereignty on such a critical security issue. While these two elements work against a common EU position, we also observe a window of opportunity for the EU. Notably, the EU can strengthen the CCW by funding the forum structures and secretariat, which could become an important body in the implementation of foreseeable agreements.

Evaluation and selection of multimodal transport route between Thailand and China – A case study for rubber trade

ABSTRACT As the key member states of the RCEP, China and Thailand will achieve more stable economic cooperation. The further prosperity of the Sino-Thai bilateral trade provides an opportunity for the development of multimodal transport between them. Since selecting a suitable multimodal transport route for the bilateral trade is important, this paper establishes a model based on Analytic Hierarchy Process (AHP) and Zero-One Goal Programming (ZOGP) for evaluating and selecting the multimodal transport route between China and Thailand by taking cost, time and risk as affecting factors into account. A numerical analysis by taking Thailand rubber export to China as an example has been done. The results show that the weight of transportation cost is the largest, followed by the transportation risk. By evaluating the seven typical routes from Songkhla (Thailand) to Qingdao (China), an optimal route is found, which proves the effectiveness and rationality of the modeling, and provides decision basis for decision makers.

Comparing Digital Health Strategies and COVID-19 Response in European Union Member States

Abstract Background In 2019, Digital Health was on the agenda of the European Union (EU) and its Member States (MS), and the digital health transformation of both healthcare services and Public Health has been well underway for several years. The COVID-19 pandemic crisis required an unexpectedly quick adaptation of social norms and exerted great pressure on healthcare and public health systems. Although implemented strategies and results have varied, Digital Health tools emerged as a fundamental aspect of the pandemic fight across the EU. Methods The objective of this study was to determine and compare Digital Health Strategies and COVID-19 Response in EU MS 43% had no interoperability with other apps. We analyzed the 27 MS of the EU and determined several parameters relevant before and during the pandemic: 1 - Preexisting national digital health strategy in 2019; 2 - COVID-19 General Information Website; 3 - Real time updated COVID-19 online dashboard; 4 - Mobile application for contact tracing; 4.1 - Mobile app launch date; 4.2 - Interoperability with other mobile apps; 5 - Shift to telemedicine; 6 - Official public health communication through social media; 7 - Dedicated COVID-19 Information System for Public Health Workforce. Information from publicly available sources. Results All EU MS had a preexisting digital health strategy before the pandemic, developed a dedicated COVID-19 General Information Website and a COVID-19 dashboard with real-time updates on relevant statistics. The majority of MS (79%) developed a mobile app for contact tracing (43% had no interoperability with other apps), and of those that had not developed an app as of April 30th 2021, 50% had one under development. Most apps were launched in the first trimester of 2021. Other results were heterogeneous. Conclusions In some aspects, there is a clear convergence between EU MS in the deployment of digital health tools to fight the COVID-19 pandemic. Key messages All European Union Member States used digital health tools to fight the COVID-19 pandemic. The success of national level deployment of specific digital health tools must be assessed in order to develop a more integrated digital health response plan at the European level in the future.

When Translations Shape Legal Systems: How Misguided Translations Impact Users and Lead to Inaccurate Transposition – The Case of ‘Best Efforts’ Under Article 17 DCDSM

This study analyses how the translations of ‘best efforts’ under Article 17 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DCDSM) may affect transposition in Member States and impact users of online content-sharing service providers (OCSSPs). The analysis finds that ‘best efforts’ was inaccurately translated into most of the official languages in the EU Official Journal, scoring poorly especially under the terminology and outcome parameters. The investigation was based on a combination of methods, including translation quality assessment (TQA) techniques, literature review, and semi-structured interviews with legal experts in key Member States. ‘Best efforts’ is legal terminology and should be translated as such. The overall context of the original English language version of the DCDSM is also of utmost importance. The intended meaning of ‘best efforts’ is lost if the expression is interpreted as everyday language. A better strategy is to keep the ‘foreignness’ of the original expression in more ‘literal’ translations or to find equivalents in the target languages. The two words, ‘best’ and ‘efforts’, are not the only indication given by the provisions. Article 17 refers to the concepts of ‘proportionality’ (§5) and ‘cooperation’ (§§7-8 & §10) to set the context and boundaries for the interpretative framework defining the scope and breadth of ‘best efforts’. Moreover, the EU institutions have further defined these boundaries by clarifying that the ‘best efforts’ required are part of an obligation of means, limited by the obligation of result to not obstruct the limitations and exceptions of users (§7). The combination of these parameters requires that transpositions keep a fair balance between the right to intellectual property and the other fundamental rights concerned, especially freedom of expression and the right to conduct a business. Failing to do so, creates a catch 22 dilemma for OCSSPs when some Member States adopt an excessive threshold, by leaving them no other option than to block content under the obligation of means set out under Article 17(4) and breach Article 17(7)’s obligation of result to not impede users’ exceptions and limitations. This would not only impact users’ fundamental rights but also jeopardize OCSSPs’ functioning, especially hurting smaller (EU) ones. The required solutions hence go beyond amending the translated texts. For clarity’s sake and to avoid any doubt stemming from the inaccurate translations in the EU Official Journal and future impediments to the Digital Single Market, the way forward would be for the European Commission to issue the necessary corrigenda of the incorrect language versions. This should not however stop Member States from implementing ‘best efforts’ correctly, as the translation errors are manifest.

The Rohingya Crisis: Can ASEAN Salvage Its Credibility?

In spite of ASEAN’s perceived inertia, there appears to be domestic pressure in key member states for a more activist approach.

International Investment Agreements and Investor-State Arbitration in Asia

States across Asia have long engaged in international investment treaty making, and to a lesser extent in investor-state dispute settlement (ISDS) proceedings. Engagement has intensified partly as bilateral investment treaties (BITs) proliferated especially from the 1990s, but also Asian states started to conclude more comprehensive bilateral and then regional free trade agreements (FTAs), including within and with the Association of Southeast Asian Nations (ASEAN). Some nations have been more cautious historically, and recent experiences with ISDS claims have led Indonesia and especially India to terminate many old BITs and press out in new directions. This paper details Asia’s trajectory towards becoming more of a “law maker” by focusing on multilateral initiatives (through soft and hard law), ASEAN and its key member states, China and the “Belt and Road” initiative, India, Japan and Korea, Australia and New Zealand.

Security Through Solidarity: How Populism Reshapes Global Governance

Scholars have long argued that international institutions solve cooperation problems through the timely, accurate provision of information. Yet, performing this role often requires international organizations (IOs) to rely on member states for essential data and details. What happens when members refuse to supply accurate information? We argue that IOs often respond by broadening their information base, increasing information sharing with each other. We test our argument using an original data set on information sharing among IOs in the development lending issue space. We show that when IOs face resistance from populist leaders in key member states, they sign more and deeper information sharing agreements with other institutions. To explore the mechanism driving these results, we supplement our main analysis with a case study of U.S. information sharing with IOs under the Trump administration. Our findings suggest that populism has reshaped global governance, causing IOs to deepen and strengthen global networks.

Exploring the UN and OPCW Partnership in Syrian Chemical Weapons Disarmament

Abstract After reviewing recent literature on international organizations’ autonomy and cooperation, this article explores the unprecedented partnership between the Organization for the Prohibition of Chemical Weapons—implementing body for the Chemical Weapons Convention—and the UN Secretariat during the 2013–2014 chemical weapons disarmament in Syria. The article explores how this collaboration, embodied on the ground through the creation of a Joint Mission, evolved from hesitant, bureaucratic rivalry to an increasingly intense relationship in the aftermath of a large-scale attack near Damascus in August 2013. The research is based on wide-ranging interviews with senior OPCW and UN staff, and relevant state officials. The article shows how international shocks, high-level support from key Member States, and leadership at the Secretariat level produced requisite intra- and interorganizational consensus to mitigate turf wars. Relative autonomy of mission staff and bureaucratic flexibility further allowed skilled boundary spanners to build trust and increase the mission’s leeway, allowing it to navigate complex political challenges.

Brexit and the political economy of euro-denominated clearing

The decision by the United Kingdom (UK) to withdraw from the European Union (EU) has reignited tensions around the clearing of euro-denominated derivatives. Yet, the EU has resisted concerted pressure from several member states and the European Central Bank (ECB) to force the relocation of euro clearing away from London. Instead, it has opted to strengthen the supervision of EU and non-EU Central Counterparties (CCPs), leaving the derecognition of third-country CCPs as a last resort. How do we explain this? This article adopts a synthesis approach, combining theories with distinct domains of application to provide a more comprehensive explanation. We argue that a state-centric perspective helps us to understand the preferences of key member states, but it cannot fully explain the EU’s position because it ignores the critical role of supranational institutions. In addition, a transnational approach has limited explanatory power because the most concerted opposition came from a small number of dealer banks, not a wide coalition of financial interests. To address these gaps, we argue that incorporating a bureaucratic politics perspective can add significant analytical leverage. This reveals that the EU’s resistance to a location policy reflected the need to reconcile the competing bureaucratic interests of different supranational institutions.

Revisiting the "Responsibility to Protect" and the Use of Force

Efforts to “operationalize” the Responsibility to Protect (R2P) continue to encounter resistance from key member states. Where it matters most, among vulnerable civilian populations caught up in war, the R2P appears to be making scant difference. Rising geopolitical tensions have added to a growing sense of pessimism among R2P advocates. Unsurprisingly, the most contentions aspect of the R2P concept continues to revolve around the question of the use of force for humanitarian purposes. It is a subject on which states, for an admixture of historical and political reasons, remain deeply divided. Nonetheless, as a politically significant norm, the R2P has come to command growing support from states, even though the degree to which the R2P norm has been truly internalized across international society varies greatly.

Revisiting the "Responsibility to Protect" and the Use of Force

Efforts to “operationalize” the Responsibility to Protect (R2P) continue to encounter resistance from key member states. Where it matters most, among vulnerable civilian populations caught up in war, the R2P appears to be making scant difference. Rising geopolitical tensions have added to a growing sense of pessimism among R2P advocates. Unsurprisingly, the most contentions aspect of the R2P concept continues to revolve around the question of the use of force for humanitarian purposes. It is a subject on which states, for an admixture of historical and political reasons, remain deeply divided. Nonetheless, as a politically significant norm, the R2P has come to command growing support from states, even though the degree to which the R2P norm has been truly internalized across international society varies greatly.

Diversity without Unity: The European Union’s Cultural Diplomacy vis-à-vis the United States

This article examines how, to what extent and why the European Union (EU) engages in cultural diplomacy (CD) vis-à-vis the United States (US). While providing an empirical review of and conceptual reflection on the current state of the EU’s (including key Member States’ (MS’)) CD efforts vis-à-vis the US, it also strives to explain the forms of this activity. It finds that a complex, multi-level, multi-actor, multifaceted and multipurpose EU CD in the US currently exists, which displays ‘diversity without unity’ and faces several incoherencies. This finding can be explained primarily by a latent competition for attention between EU MS. The article concludes by reflecting on how a more coherent EU CD could be achieved, thereby helping to reinvigorate EU-US relations.

Violence and Justice in UNASUR’s Institutional History. From the Early Optimism to the Fragile Cooperation Combating Criminality

This paper aims to understand how the Union of South American Nations (UNASUR) has worked (or not) to promote policies to make progress in the fight against crime, criminal justice and citizen security in the period between 2012 and 2017. Although South America is regarded as a peaceful region by some researchers when it comes to interstate conflict, when looking at intrastate violence the region may be viewed as one of the most violent in the world. In this context, it is crucial to understand the role of regional organizations. Our work was grounded on the documental analysis of 34 minutes and official documents of the South American Council on Public Security, Justice and Coordination of Actions against Transnational Organized Crime (CSSCJDOT) of UNASUR. The results demonstrate that the CSSCJDOT was an innovation in bringing the debate of crime and violence to a regional organization, but its initial promises have not been fulfilled because of political changes in key member states, the excess of normativism in UNASUR and because of the crisis the organization currently undergoes.

EU-China Security Relations: Discourse vs Practice and the Role of EU Member States

ABSTRACTThe gap between discourse and practice which has so far prevented the EU and China from implementing the ambitious security agenda developed within the framework of their strategic partnership is caused by two main sets of impeding factors: practical, stemming from existing policies, and normative, deriving from fundamental divergences regarding the nature of an actor’s role in the international arena. Moreover, obstacles to EU-China security cooperation also stem from and are magnified at the EU member states level. Key member states lack normative and practical synergy in their understanding of security policy and the role the EU and China play in it, thus severely complicating any attempt at bridging the discourse/practice gap.