Grasp the pattern, read the trend

No. 1, November/2021

 

Brought to you by CPG

Supported by KAS

 

Dear Readers,

After charting geopolitical currents and constitutional dynamics in Asia for more than four years with the Asia in Review, and encouraged by very positive feedback, CPG and the Konrad Adenauer Foundation (KAS) in Thailand now present the first test issue of the Europe Monthly.

The Europe Monthly is just one channel of the upcoming Europe in Review platform, which we are fully launching as a pioneering multi-media project early next year. Together with the likewise enhanced Asia in Review, both media platforms will additionally offer a broad forum for academics and practitioners to add depth and context to current affairs; a professional networking platform; a database of experts, institutions, study & programs, events and career opportunities; and an archive that facilitates in-depth research. 

With this new format, we are pleased to offer a non-partisan digest of top news and key legal, political and strategic events and developments impacting and shaping the EU, its member states and its immediate neighbours for our readers in Thailand, Southeast Asia and far beyond.

Both formats, the Europe in Review and the Asia in Review are meant to complement each other. After all, Asia and Europe are increasingly exposed to the same effects of great power rivalry, while their domestic politics are not only being influenced by these gravitational pulls but often also experiencing similarly challenging times. Amid this, the Europe Monthly aims to supply you with the big picture of what’s going on in Europe in an accessible, rich and reliable format, in keeping with our motto: “Grasp the pattern, read the trend.” Becoming a regular reader of the Europe Monthly will help you do just that, through current information on a crucial and highly dynamic region of the world. 

The next, enhanced issue of the Europe Monthly will be available in four weeks, with the most significant sections translated also into Thai. 

Please stay tuned for more information and continue to provide us with your valuable feedback. Thank you for your trust. We hope you enjoy reading the Asia in Review and the Europe Monthly.

With best regards,

 

Main Sections

  • EU, International Relations and Geopolitics

  • Constitutional Law and Politics in Western Europe

  • Constitutional Law and Politics in Northern Europe

  • Constitutional Law and Politics in Central Europe

  • Constitutional Law and Politics in Southern Europe 

  • Constitutional Law and Politics in Eastern Europe

  • Constitutional Law and Politics in Southeastern Europe

 

EU, International Relations and Geopolitics

 
 

European Parliament sues Commission for inaction over democratic backsliding

In a clash between two key EU institutions, the European Parliament filed a lawsuit on 29 October against the European Commission over what deputies see as a failure to stop an erosion in the rule of law within the bloc. [CNN]

The Commission has so far refrained from implementing a rule-of-law process adopted by the European Union in December 2020 which allows it to withhold funds from EU countries that violate the bloc’s principles. The European Parliament has criticised the Commission’s reluctance to use this so-called conditionality mechanism, which links payouts of money by Brussels to the maintenance of rule-of-law standards in EU member states. [Euronews] [EIPA]

Poland and Hungary earlier appealed to the Court of Justice of the European Union to repeal the rule-of-law conditionality mechanism, fearing it could be used against them. [Politico]

Despite the European Parliament’s threat of legal action, the Commission said on 22 October that it would not invoke the conditionality mechanism for the time being, with European Commission President Ursula von der Leyen adding that no measures would be taken until the European Court of Justice makes a decision. [Politico]

The European Parliament’s push for tougher action from the Commission, the EU’s executive, follows a series of disagreements between Warsaw and Brussels in recent weeks.

The European Court of Justice on 27 October ordered Poland to pay a fine of EUR 1 million a day until it reverses controversial changes made to its legal system earlier this year. [Euronews] 

The European Union’s top court ruled in July that Poland must suspend a disciplinary chamber of judges within the country’s Supreme Court, arguing that the chamber undermines the political independence of the Polish judiciary by allowing judges to be punished for the content of their rulings. Poland’s governing right-wing Law and Justice (PiS) party asserts that the chamber is necessary to remove remnants of the country’s old communist regime from the judiciary. [Euronews]

The penalty imposed by the top EU court came days after Polish Prime Minister Mateusz Morawiecki warned the European Commission against “starting a third world war”. In an interview with the Financial Times published on 25 October, Morawiecki said that the Commission was “holding a gun to Poland’s head” by making demands and threatening to withhold funds. The prime minister announced that the Polish disciplinary chamber would be suspended, but indicated that his country could veto key EU initiatives, such as its climate package. [TVN24]

Tensions between Brussels and Warsaw heightened when Poland’s top court ruled on 7 October that parts of EU treaties are not compatible with the country’s constitution. Von der Leyen said during a European Parliament debate on 19 October that the verdict posed a “direct challenge to the unity of the European legal order”. [Reuters] [BBC News]

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EU says Turkey ‘backsliding’ on reforms, bid to join bloc stalled

The European Union's executive has said that Turkey’s efforts to become a member of the bloc have “come to a standstill” amid a continued erosion of democracy and the rule of law.

The European Commission said in a report published on 19 October that the EU’s concerns about fundamental rights and the independence of the judiciary in Turkey had not been addressed. It added: “There was further backsliding in many areas.” [Al Jazeera]

The report suggested that Ankara was no longer serious about delivering on EU-backed reforms, even though President Recep Tayyip Erdoğan recommitted in April to the goal of Turkey becoming a full EU member. [Reuters]

Olivér Várhelyi, the EU Commissioner for Neighbourhood and Enlargement, said: “The underlying facts leading to the standstill in Turkey’s accession negotiations still hold.” [Al-Monitor]

The report by the European Commission was criticised by the Turkish foreign ministry as making “baseless” claims. [Al Jazeera]

Turkey started negotiating to become a member of the European Union in 2005. After an attempted military coup in July 2016, Erdoğan launched a crackdown on opponents and the independent media. The authorities removed swathes of people from public office, including judges and prosecutors, sparking concerns in the EU and straining the bloc’s relations with Ankara.

Meanwhile, the European Court of Human Rights (ECHR) on 19 October urged Turkey to amend a law on insulting the president under which tens of thousands have been prosecuted. Europe's top human rights court said the law should ensure citizens can hold opinions and share ideas without interference from the authorities. [Reuters]

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G20 summit pledges on climate neutrality disappoint activists

The leaders of the world’s biggest economies at a gathering in Italy on 30 and 31 October stopped short of committing to ending net carbon emissions by 2050, undermining a key aim of the COP26 global environmental summit being held in Scotland in November.

At their meeting in Rome, the G20 group of major industrial nations confined itself to recognising “the key relevance” of halting net carbon emissions “by or around mid-century,” without imposing a timetable for eliminating domestic coal power. [Reuters]

Environmental campaigners and United Nations Secretary-General António Guterres were disappointed. The United Kingdom, which hosted the UN COP26 summit of almost 200 countries in Glasgow from 31 October to 12 November, had looked for more ambitious targets to emerge from Rome, though Italian Prime Minister Mario Draghi and French President Emmanuel Macron hailed that summit as a success. [AP]

British Prime Minister Boris Johnson called the pledges at the G20 meeting “drops in a rapidly warming ocean.”

Johnson added that a target of capping global warming at 1.5 degrees Celsius above pre-industrial levels was “very much in the balance.” Scientists say that such a target – which world leaders agreed to work towards under the Paris climate agreement of 2015 – will avoid the most disastrous effects of environmental change, which has seen increasing floods, heatwaves and droughts. [BBC]

Ahead of the COP26 summit, Patricia Espinosa, executive secretary of the United Nations Framework Convention on Climate Change, said failing to meet such targets would lead to “a destabilised world and endless suffering.” [Sky News] 

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EU summit vows only short-term action on energy price crisis: observers

A spike in energy prices was one of the issues dominating discussion at an EU summit in October which, according to some observers, “shunned sweeping action.” [Euronews]

The gathering of European leaders discussed the usually contentious issues of the rule of law and migration, but member states were also divided on how to approach the energy crisis. [Politico Europe]

The approach agreed at the 21-22 October European Council summit has been described by some observers as being moderate instead of pursuing a long-term overhaul of the EU energy market, as favoured by member states like Spain. [Irish Times]

Central to this approach is the European Commission’s “toolbox”. These are short-term measures, including bill deferrals, tax relief, and financial aid to vulnerable businesses and household consumers. [Deutsche Welle]

A majority of member states oppose “forceful” intervention in the energy market, believing rising energy prices to be a passing consequence of the COVID-19 pandemic rather than a structural problem. [Euronews]

According to Politico, Spanish Prime Minister Pedro Sánchez was frustrated by this approach and successfully pushed for the issue to be revisited at the next summit in December. [Politico Europe]

EU leaders are also divided on the future role of nuclear power. Some, including Greece, Slovenia and Ireland, view nuclear power as a potential solution to the bloc's reliance on external fuel suppliers. Others remain opposed, with Austria viewing nuclear power as "neither safe nor sustainable." [Politico Europe]

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Rising gas prices in Europe amid supply concerns

Supply concerns from Russia have prompted soaring gas prices in Europe ahead of winter. [Reuters]

Economic recovery from the COVID-19 pandemic across the European Union (EU) has led to an increase in gas demand amid lower-than-anticipated supply from Russia, the bloc’s largest gas provider. [Reuters]

As Russian President Vladimir Putin said that Russia was fulfilling its current contractual obligations, he also indicated that more gas could be quickly sent once Nord Stream 2 – a new pipeline linking Russia to Germany under the Baltic Sea – is launched. The pipeline, considered by its opponents as a geopolitical project aimed at increasing Europe’s dependency on Russian gas, is currently awaiting Germany’s approval. [BBC News] [AP] [Moscow Times]

As of October, the level of gas storage in the EU is at 75 percent of its full capacity, which is lower than the usual 90 percent average observed over the last decade. [Euronews]

In order to address the ongoing rise in energy prices, the European Commission introduced a set of measures that include tax cuts and subsidies for low-income households, which many national governments already included in their emergency action plans. [Politico Europe] [Reuters]

Meanwhile, outside of the EU, Moldova announced that it has bought natural gas from Poland, making it the first purchase from a supplier other than Russia. The decision comes after Chisinau declared a state of emergency on 22 October as it could not agree on a new gas contract with Gazprom, Russia’s state-owned energy giant. [RFE/RL] The gas shortages are due to insufficient supply volumes sent through Ukraine.

Earlier in October, Kyiv accused Russia’s Gazprom of agreeing a bilateral supply deal with Hungary (transporting gas via Serbia and Austria) that deprives Ukraine of transit revenues and gas supply. [Reuters] Ukraine continues to negotiate with Gazprom about a gas deal that would increase transit supply to Europe. [Reuters]

Also Turkey has sought help against recent price hikes and the expiration of a number of short-term gas contracts. Among others, a deal with Azerbaijan and supplies from Russia through the Turk Stream pipeline will help to offset the effects of Europe’s gas supply crisis. [Daily Sabah, Reuters]

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French-British fishing rights dispute shows no signs of abating

A row over the post-Brexit arrangements regarding fishing rights in Channel waters continues to dominate relations between France and the United Kingdom.

France seized a British boat in French waters while another British vessel was fined on 28 October. French authorities said the seized vessel did not have a valid license to fish in French waters. [BBC News] 

In response to the seizure, Foreign Secretary Liz Truss summoned the French ambassador to explain the “disappointing and disproportionate threats made against the UK and Channel Islands.” [Reuters]

France was reportedly angered by the British government’s refusal to approve all license applications submitted for French vessels to fish in the UK’s coastal waters. London stated that licenses are issued to fishing boats that meet its criteria. The fishing vessels are asked to provide evidence they have a history of fishing in UK waters.  [Guardian] [BBC News]

Both Paris and London said they are considering retaliatory measures in response to the escalating row. French Secretary of State for European Affairs Clément Beaune said that France has been “extremely patient” but now the French “have to speak the language of force.” [Monde] 

The fishing rights dispute goes back to the terms of the Brexit agreement that was negotiated between the United Kingdom and the European Union. The agreement stipulates that access to territorial waters has to be organised with a licensing system for fishing boats. [Sky News]

France and the UK have been unable to reach a consensual understanding on the number French vessels that should be allowed to fish in UK waters. While French President Macron spoke with Prime Minister Boris Johnson addressed the fishing row in the margins of the G20 summit in Rome, on 30-31 October, they did not find an immediate breakthrough to end the dispute. [France24]

The fishing row occurs amid deteriorating Anglo-French relations. In mid-September, Australia, the United States and the United Kingdom announced a security partnership that was perceived by Paris as “a stab in the back”. France put the responsibility for its cancelled submarine deal with Australia on PM Boris Johnson and US President Joe Biden. [BBC]

The European Commission, which negotiates any trade-related matters on behalf of EU member states, plans to discuss the fishing issue with the United Kingdom in ongoing talks. [Reuters]

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United Kingdom: New Supreme Command reflects strategic shift to Indo-Pacific

Against the backdrop of the old strategic question of “land or sea”, the UK is increasingly returning to a vision dominated by its operational inclination towards the sea.

This trend is not only reflected by planned troop cuts in the British army but also the choice of the coming Supreme Commander of the armed forces. Among five possible contenders – including General Sir Patrick Sanders, chief of the special operation forces and military cyber operations, army chief Gen. Sir Mark Carleton-Smith, and RAF commander Air Chief Marshal Sir Mike Wigston – Prime Minister Boris Johnson has selected 55-year-old navy chief Admiral Sir Tony Radakin as the next head of Britain’s armed forces, the chief of defence staff. The choice of an admiral for this post for the first time in 20 years is widely seen as reflecting an ongoing shift of the UK’s post-Brexit strategic pivot to both the Indo-Pacific region and especially the seas there. [Economist]

After the UK has constantly decreased its military presence “East of Aden” or “East of Suez”, respectively since the 1960s and 1970s, it begun to rebalance towards the Indo-Pacific since 2013. The latest manifestation of this trend is the maiden bilateral tri-service military exercise “Konkan Shakti 21” on October 27 involving the navies of the UK and India. [India Today]

A landmark development in this context was also the recent conclusion of the AUKUS trilateral submarine deal in mid-September between the UK, the US and Australia. In this case, the geopolitical pull driving the UK deep into the Indo-Pacific was seemingly stronger than concerns over French-British relations with the consequence that the AUKUS deal greatly angered France and arguably contributed to the present bitterness in the French-British fishery row. [Al Jazeera]

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Turkey requests US fighter jets as Greece, France agree on defence partnership

Turkey has asked the United States to buy 40 F-16 fighter jets and modernisation kits. The request came shortly after news broke about a strategic defence deal agreed between Greece and France worth EUR 3 billion, including the purchase of French warships by Athens. [Reuters] [VOA]

The French-Greek defence agreement reportedly angered Turkey. The Turkish government said that the security and defence deal “threatens to harm the NATO alliance.” [AP] Meanwhile, news about the extension of a military defence and cooperation deal between the United States and Greece was received reluctantly in Ankara. [Foreign Policy]

The Turkish acquisition of American fighter planes is far from a concluded agreement. Negotiations have been continuing about a deal that would also include Ankara’s investment in the production of F-35 fighter jets, the next-generation of warplanes developed by US company Lockheed Martin. [Daily Sabah]

Turkey is presently excluded from buying F-35 fighter sets because the country bought Russian S-400 air defence systems in 2019 and is considering another purchase of Russian military technology in the future. The US F-35 fighter planes are considered incompatible with the S-400 missile system because it reportedly allows Russia to obtain sensitive information about the F-35’s capabilities and how the fighter jet is operated. [Financial Times] [Defense One]

US lawmakers have asked the administration of President Joe Biden not to proceed with the sale of any fighter jets to the country, including the older-generation F-16 aircrafts. [Reuters] [Hill] The Turkish government has threatened to buy Russian fighter jets instead if a deal with the United States falls through. [Foreign Policy]

Deteriorating Greek-Turkish relations and the issue of the fighter jets have placed a strain on NATO, the military alliance that binds the United States and its European partners together. In Turkey, the leader of the far-right Nationalist Movement Party (MHP) Devlet Bahçeli said that alliances are being established “against Turkey within NATO.” [Hürriyet]

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Azerbaijan, Turkey hold joint military drills

Baku and Ankara have conducted military drills in early October in the landlocked Naxcivan exclave of the republic of Azerbaijan, according to the Turkish defence ministry. While not directly connected with the main territory of the republic, the exclave is an autonomous area of Azerbaijan bordering Armenia, Iran and Turkey.

The exercises included mechanised, commando, aviation and drone units. The defence ministry added that the purpose of the drills was to deepen the friendship and improve interoperability as well as coordination between Turkish and Azerbaijani land forces. [RFE/RL]

The joint military manoeuvres took place amid tensions between Baku and Tehran over Iran’s influence in Azerbaijan.

“Iran considers Turkey's land connection with Azerbaijan and its opening to Central Asia via Azerbaijan as a threat to its national unity and territorial integrity,” Uzbek academic Ostabek Omonkulov said, adding that Tehran has established close relations with Moscow and Yerevan against Turkey and Azerbaijan. [TRT World]

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Pandora papers expose offshore transactions of European leaders

A major leak of documents known as the “Pandora Papers” revealed in detail how current and former European politicians rely on offshore companies to hide their financial transactions and wealth. Among others, Czech Prime Minister Andrej Babiš, Ukrainian President Volodymyr Zelenskyy, former IMF-director Dominique Strauss-Kahn and Azerbaijani President Aliyev have been named in a large set of documents leaked in early October. [Politico Europe] [RFE/RL]

While using offshore companies to make purchases and save on taxes is not necessarily illegal, the International Consortium of Investigative Journalists (ICIJ) behind the revelations said that “the secrecy it provides can give cover to illicit money flows, enabling bribery, money laundering, tax evasion, terrorism financing and human trafficking and other human rights abuses.” [Deutsche Welle]

Political leaders were quick to deny wrongdoing following the news about the leaked papers. [BBC] In the Czech Republic, Prime Minister Andrej Babiš lost the parliamentary elections days after he was put under pressure to explain his financial dealings. [Washington Post]

Members of the European Parliament reacted the revelations contained in the Pandora Papers by voicing “indignation and disgust” and vowed action on improving EU laws to close loopholes that create tax avoidance and possible tax evasion opportunities. [European Parliament]

The Pandora Papers follow earlier investigations led by the ICJI of leaked documents such as the “Panama Papers” about a Panama-based company named Mossack Fonseca and the “Luxembourg Leaks” concerning tax rulings for multinational companies based in Luxembourg. [Conversation]

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Pope calls for ‘radical decisions’ to fight climate change

Pope Francis has urged world leaders to take “radical” decisions at an international environmental summit being held in Scotland in November.

The pope called on countries to deliver “effective responses” in the face of a climate crisis and to offer “concrete hope” for future generations. [BBC News]

In a special message recorded at the Vatican for British public broadcaster BBC Radio ahead of the COP26 conference in Glasgow, he said everyone could play a part “in changing our collective response to the unprecedented threat of climate change and the degradation of our common home.”

The United Nations COP26 summit, which runs from 31 October to 12 November, brings together some 200 countries for talks on ramping up measures to combat environmental problems under the Paris Agreement.

In the French capital in 2015, international leaders agreed to reduce greenhouse gas emissions to limit global warming to 2 degrees Celsius and ideally 1.5 Celsius. [Reuters]

The pope’s call for action was a reminder of the emphasis he has placed on the environment during his term as the spiritual leader of the world’s Roman Catholics. [BBC News]

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Coalition of European states vow support for France-led mission in Sahel

Lithuania, Estonia, Sweden and the Czech Republic have agreed to provide support to the Takuba task force, a group of soldiers instructed with combatting Islamist insurgency in the Sahel in northern Africa. [RTL Info] Portugal, Denmark, Romania and Hungary are also expected to contribute troops to the France-led task force in the future. [Ouest-France]

"We have taken France's need and requests into the account, and this operation has been mandated," said Lithuanian Defence Minister Arvydas Anusauskas on 18 October while announcing that the country would send a military transport aircraft to Mali. [Delfi]

Fighting in Mali erupted in 2012 and violent attacks across the country and in neighbouring Niger and Burkina Faso have increased eight-fold in recent years. [Reuters]

France’s Barkhane military mission was meant to put a halt to insurgency but earlier this year, President Emmanuel Macron decided to wind down the counter-terrorism operation, a decision that provoked an ongoing diplomatic crisis with Mali. [France24]

Launched in 2020, Takuba is considered to be the successor to the Barkhane mission. It is a smaller operation that relies on France and the increased support of its European allies. Previously, the French president had asked his Lithuanian counterpart to contribute to the Mali-based mission with reinforcements. [Anadolu]

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European Union again delays trade talks with Australia

For the second time this month the EU has postponed discussions about a free trade agreement with Australia. The next round of free trade talks is currently on hold and only expected to commence in February 2022. [Reuters]

Earlier in October, trade discussions were stalled for the first time because of the Australian government’s sudden decision to cancel a submarine contract with France. [Euractiv]

Efforts are underway to improve relations between Paris and Canberra following the surprise announcement concerning a trilateral security pact between Australia, the United States and the United Kingdom and a nuclear submarine deal in September. [BBC News]

Expectations that a trade deal between the EU and Australia may be concluded by the end of next year are increasingly uncertain. [Reuters]

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Greek-Turkish drilling rights dispute in Mediterranean as Greece, Egypt, Cyprus agree on pipeline

The governments of Turkey, Greece and Cyprus have entered a dispute over drilling rights and maritime borders in the East Mediterranean.

Turkish calls to stop exploration were rejected by the Greek Cypriot administration on claims that such requests contradict international maritime law. The Turkish defence ministry stated that they had pushed back a research vessel because it violated Turkey’s continental shelf. [Daily Sabah]

The research vessel was being used to conduct ultrasonic research checking where the pipeline could be built for a power linkage project agreed on 19 October between Egypt, Greece and Cyprus. The project is supported by a Cairo-based international organisation known as the East Mediterranean Gas Forum. [Ahram]

Speaking to the press after the recent European Council summit on 21-22 October in Brussels, Greek Prime Minister Kyriakos Mitsotakis said that he told his fellow EU-leaders that “Turkey has to choose between two paths, one of sincere cooperation or of provocation – I think it knows the consequences of the continuing provocation.” [Kathimerini]

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EU top court rules that member states may require nationals to carry valid ID or passport

The Court of Justice of the European Union has judged that member states may impose an obligation to carry an ID card or passport when travelling to another EU member state.

On 6 October, the EU’s top court said that member states have the right to impose a proportional sanction in case a person does not comply with the requirement to carry a valid personal identification document.

The case brought before the court concerned a Finnish national who travelled to Estonia without carrying a valid travel document. Finland’s top court asked the Court of Justice of the European Union to rule on compatibility of Finnish criminal legislation with EU law. [Court of Justice of the European Union]

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Summit offers no timeframe for Western Balkan states to join EU

A European Union-Western Balkans summit in Slovenia saw the EU commit to a “European perspective” for the region but gave no timeframe for membership.

The 29-point declaration that followed the 6 October summit in the Slovenian city of Brdo received a negative reception from some observers. It was described as “turgid” and viewed as evidence that the EU has put its enlargement process on hold. [New Europe, Al Jazeera]

European Council President Charles Michel said in a published letter to attendees that the summit aimed to “recall the strategic importance of the Western Balkans for the Union” and to “discuss our engagement with the region.” 

After the summit, he admitted that the EU’s capacity to take in new members remained the subject of “discussion”. [Reuters]

The Slovenian government assumed the rotating presidency of the European Union this year and has pushed for more engagement with the six Western Balkan states that are interested in joining the bloc. [Euractiv]

Serbia, Albania, Montenegro, and North Macedonia are officially in negotiations to join the EU, while Bosnia and Kosovo are potential candidates.

The prospect of the bloc’s further enlargement has triggered strong resistance from some EU member states, especially France, Bulgaria and the Netherlands. [Reuters]

Meanwhile, Chinese influence in the region has risen as Western Balkans governments look for partners beyond the European Union. [European Council on Foreign Relations]

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Ten EU countries in nuclear alliance

France, along with Czechia, Bulgaria, Croatia, Finland, Hungary, Poland, Romania, Slovakia, and Slovenia has signed a joint statement endorsing the use of nuclear energy. This comes as the EU tries to introduce a ‘Sustainable Finance Taxonomy’, classifying which forms of energy production are considered to be green. [Euronews] [CLEW]

While the alliance of the 10 countries agrees that nuclear energy should be considered a green and low-carbon energy source, Germany opposes the idea. The German government plans to have shut down all its nuclear reactors by the end of 2022 and have been famously against nuclear power since the Fukushima disaster in Japan ten years ago. [Deutsche Welle] [National]

Along with Germany, Austria is also against nuclear power, saying that the EU cannot legally add nuclear energy to the list of green sources, due to the associated high risks.

Europe wants to become the first continent in the world to be ‘climate neutral’, eliminating net emissions by 2050, and French Economy and Finance Minister Bruno Le Maire believes that this is only possible with nuclear energy. [CLEW]

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EU reveals new strategy to fight growing antisemitism in Europe

The European Union has unveiled a new strategy to fight antisemitism through the creation of a continent-wide network of "trusted flaggers" along with Jewish organisations to help remove illegal online hate speech. [Euronews]

The European Commission will use EU funds to support member countries in developing their own strategies to fight hate speech over the next decade. Funds will also be directed to protecting public spaces and places of worship to ensure the safety of Jewish people, with EUR 24 million available for next year. [VOA] [Euronews]

Nine out of ten Jews feel antisemitism has increased in their country and is a serious problem, and more than one in three have considered emigrating to flee ill treatment, according to Europe’s Fundamental Rights Agency. [ABC]

The EU will also work with IT companies to prevent the illegal online sale and display of Nazi-related symbolism. [Euronews]

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Greece, Cyprus, Egypt hold tripartite meeting focused on energy cooperation

Egypt, Greece and Cyprus held their ninth annual tripartite summit in Athens on 19 October aiming to strengthen an alliance between the Eastern Mediterranean states. [Al-Monitor]

Greece vowed to link Egypt to the European Union’s energy market through an undersea cable that would carry electricity across the Mediterranean Sea. [AP]

The agreement comes amid increased global energy demand, which has increased the cost of natural gas, oil, and other fuels. [AP]

Greece is seeking to expand its energy cooperation alongside its military cooperation in order to counter Turkey, which has offshore drilling plans in waters claimed by Greece and Cyprus. Egypt, Greece and Cyprus signed a military cooperation agreement in April. [AP] [Al-Monitor] 

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Polish workers protest after EU court orders mine to shut

About 2,000 coal miners from Poland staged a protest in Luxembourg on 22 October against a European Court of Justice order to shut down a coal mine near the Polish-Czech border. [AP] [Euronews]

The EU’s top court, which is based in Luxembourg, ruled in May that the Turów mine should be closed, following complaints from the Czech Republic that mining operations were draining water from villages in the border area. [Euronews]

Poland refused to comply with the verdict, prompting the EU court to fine the country EUR 500,000 for every day the mine continues to operate. This was significantly lower than the Czech Republic’s original request that Poland be fined EUR 5 million a day. [AP] Deutsche Welle]

The mine in Turów, which extracts highly polluting lignite - also known as brown coal - provides up to seven percent of Poland’s electricity. Polish Prime Minister Mateusz Morawiecki told a press conference on 26 October that he “certainly cannot agree” to allow people to freeze in the coming winter months. [TVN24] [AP]

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UK, Greece sign defence and trade deal

Britain and Greece have signed a new framework to boost trade, security and digital co-operation. The deal aims to enable closer cooperation between the countries’ economic sectors.

British Foreign Secretary Liz Truss said that the enhanced partnership on security and defence is aimed against “malign actors that threaten to disrupt our freedoms and way of life.” [National News]

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Slovakia, US discuss defence agreement 

United States Secretary of Defense Lloyd J. Austin and Slovak Defence Minister Jaroslav Naď convened a meeting in late October to strengthen military cooperation between their countries. They said a senior level defence group would be established while expressing willingness to conclude a defence cooperation agreement in the near future.

In recent years, Slovakia has doubled its defence spending in an attempt to modernise its military and enhance the country’s interoperability with NATO allies. [US Department of Defense]

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Constitutional Law and Politics in Western Europe

 
 

Belgium: Top administrative court sides with French-speaking community in language registration dispute

Belgium’s top administrative court, known as the Council of State, has overturned an order of the former Flemish Minister of Home Affairs Liesbeth Homans (New Flemish Alliance, N-VA) on the registration of language preferences in the Flemish periphery around Brussels. [Nieuwsblad]

Homans had ordered that residents of municipalities in Flanders with special language arrangements (known as “facilities”) due to their proximity to the Dutch-French language border have to re-apply each time they want to receive administrative documents in French. According to the French-speaking mayors of the Flemish municipalities, such an application must only be made once and then it is valid for at least four years. [Vif/Express]

On 7 October, the Council confirmed an earlier decision made in 2014 that inhabitants of such municipalities, by means of a letter, can choose to be served in French, a choice which is valid for four years and can be renewed afterwards for another term of four years. The Council also confirmed that the municipalities may record the language choice of the inhabitants in a register and rejected the Flemish government’s request to submit a preliminary question on this matter to the Constitutional Court. [Council of State]

Current Flemish Minister of Home Affairs Bart Somers (Open Flemish Liberals and Democrats, Open Vld) said in response to the Council’s decision that the Flemish government will continue to apply its current interpretation given to language legislation in Flanders of re-application for each receipt of documents in French. Somers dismissed the Council’s interpretation that would allow automatic communication in French for French speakers living in Flemish municipalities with special language arrangements. [Tijd]

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Belgium: Police searches houses in cocaine trafficking probe

The federal police searched more than a hundred locations in Belgium on 26 October as part of an investigation into the illegal smuggling and trade of cocaine. A majority of the house searches took place in Brussels. [Morgen]

According to local media reports, the operation targeted an Albanian criminal organisation involved in the large-scale importation and international distribution of cocaine and other narcotics from Colombia. [Vif/Express]

In a Europol report published in September, Belgium and the Netherlands were described as the main cocaine trafficking hubs in Europe, where drugs arrive from Colombia and are distributed across Europe. [Euronews]

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France: Ex-president Sarkozy mired in trials; former PM Philippe creates new party

Former French President Nicolas Sarkozy has been instructed by a judge to appear as a witness in a case where several of his former aides are on trial for the alleged misuse of public funds. [France24]

Sarkozy was previously convicted on 30 September for illegal campaign funding during the 2012 presidential election campaign won by his then-opponent Francois Hollande. In March, he was found also guilty of corruption. On both occasions, the former president denied wrongdoing and submitted appeals to avoid a prison sentence. [Euractiv]

The ex-president’s convictions and accusations against his aides are expected to have a negative impact on the chances of Sarkozy’s party the Republicans (LR) in next year’s presidential election. [Reuters]

Meanwhile, Édouard Philippe, a former LR-member who served as prime minister under Emmanuel Macron between 2017 and 2020, announced the creation of a new centre-right party called Horizons. Phillippe excluded the possibility of running against Macron in the upcoming presidential election but aims to offer a future alternative to right-wing voters who have lost their trust in LR. [Monde]

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France: Tensions with Algeria rise amid anger at French president’s comments

Tensions between France and Algeria have grown after Paris reduced the number of available visas to Algerians, which led to Algiers withdrawing its ambassador and banning French military planes from its airspace. 

The airspace above Algeria is of strategic importance to France, as it is used as a gateway to the Sahel region in which French troops are stationed. [Monde]

French President Emmanuel Macron also made comments in which he told descendants of victims of Algeria’s 1954-62 war that Algeria was run by a “political-military system” and it had totally “re-written” its history, continuing to say that Algeria “perpetuates a hatred of France”. [Politico Europe]

Algerian President Abdelmadjid Tebboune will allow its ambassador to return to Paris, on the condition that France gives Algeria “total respect”. [France24]

Despite historic tensions between the two countries, Macron has taken responsibility on behalf of France for the colonisation of Algeria, an act he called a “crime against humanity” and has called the massacre that occurred in 1962 in which French police turned on Algerian demonstrators an “unforgivable crime.” [BBC News]

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France: Macron announces ‘France 2030’ plan

French President Emmanuel Macron announced on 12 October his plans for “France 2030”, a strategic initiative that plans to invest EUR 30 billion into a range of sectors, including green energy, transport, health, and technology. 

Notably, Macron pledged some EUR 8 billion to de-carbonising France’s industry, placing a particular focus on the treatment and disposal of nuclear waste, as well as introducing two hydrogen-producing “mega factories.” [Reuters]

The plan has been viewed as some as an early, informal start to kick-off his re-election campaign for the French presidential elections in the spring of 2022. Unlike his political rivals on either side of the spectrum, Macron, a centrist, is focused on the re-industrialisation of France, which he says will boost the economy. [Guardian]

Macron also said he envisions France becoming a world leader in ‘green hydrogen’. During his previous presidential campaign, Macron promised to build France into a “start-up nation.”

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Germany: Parties move forward with tripartite coalition talks

Germany’s Social Democrats (SPD), Greens, and Liberals (FDP) began negotiations to form a coalition government on 21 October. The parties agreed on a position paper and aim to present their final coalition agreement by the end of November. [Zeit]

Federal elections on 26 September saw outgoing Chancellor Angela Merkel’s Conservatives (CDU) narrowly lose to the SPD. As possible coalition partners in a new cabinet, the Greens and the FDP first held bilateral talks in the days after the elections before deciding to negotiate with either the CDU or the SPD. [Deutsche Welle]

Plans for a CDU-FDP-Greens coalition quickly fell through, however, which some commentators suggested was due to instability within the CDU and discord with its sister party, the CSU. [FAZ] [Zeit] 

The CDU announced on 11 October that it would hold a party convention to select a new leadership team by the start of next year. Among those to be replaced include party chief and candidate for chancellor Armin Laschet, who has been widely blamed for the CDU’s election defeat. [Deutsche Welle] [Spiegel]

With a CDU-led coalition off the table, exploratory talks between the FDP, SPD and the Greens started in early October. They yielded a 12-page position paper setting out some areas of agreement, forming the basis of the coalition talks.

Key points of the paper include the rejection of tax increases, respect for debt limits and the phasing-out of coal power by 2030. [Euronews] Both the FDP and members of the Greens’ gave their approval to the coalition talks. [Politico Europe] [Reuters]

Despite points of agreement in the position paper, commentators see a potential for conflict, particularly concerning the Greens’ and the FDP’s plans for project financing and questions on who will lead the finance ministry. [Deutsche Welle]

Action to tackle climate change is another critical point for the would-be coalition, as some Greens demand greater ambition and commitment regarding a 1.5-degree climate target, that is, the goal of limiting the global temperature increase due to greenhouse gas emissions to 1.5 degrees Celsius. [ZDF]

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Germany: Constitutional Court rejects bias challenge 

The German Constitutional Court has rejected a challenge on the grounds of bias against two of its judges in a case against the federal government over a law that implements nationwide emergency brake measures when infections rapidly rise during a pandemic. [Spiegel]

Three plaintiffs had accused court President Stephan Harbarth and judge Susanne Baer of being compromised, citing their participation in a meeting between the court and the federal government on 30 June. The separation of powers between the legislative, executive, and judicial branches of the state is a key principle of Germany’s constitution.

Both Harbarth and Baer denied that they discussed the ongoing proceedings on the” emergency brake” law during the meeting. The bias challenge is the second one to be filed in connection with the 30 June meeting. [FAZ]

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Luxembourg: Prospect of referendum as constitutional reform discussed

Prime Minister Xavier Bettel said on 28 October that a parliamentary committee request to organise a referendum on plans to reform the Grand Duchy’s 150-year-old constitution was admissible. A national referendum can be organised in Luxemburg if a threshold of 25,000 signatures is reached in the upcoming weeks. [RTL]

On 1 October, the Democratic Party (DP), the Luxembourg Socialist Workers' Party (LSAP), the Greens and Christian Social People's Party (CSV) presented four constitutional reform chapters to the press, after months of discussions in parliamentary committees. The chapters concern the independence of the justice system, the separation of powers, academic freedom and rights of children among other things. [Delano] [RTL]

Opposition parties, social organisations and citizens were quick to voice their opinion on the draft reform chapters and criticised the parties’ decision not to consult citizens on the reform plans. [RTL] [Delano]

Contrary to a promise made in 2020, the coalition parties DP, LSAP and Greens initially said that no referendum on the constitutional reform would be held. [RTL]

On 23 October, the opposition party CSV did not exclude the possibility of a referendum, stating that it is willing to ‘listen to the people’ despite an earlier agreement with the ruling coalition parties. [RTL] On 26 October, the parliamentary committee in charge of the constitutional reforms filed a request to organise a referendum.

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Netherlands: Coalition talks underway after period of inaction

Dutch parties of the outgoing governing coalition agreed to holds talks about the formation of a new government following six months of stalled negotiations. Since early October, the conservative VVD party of outgoing Prime Minister Mark Rutte is in talks with the left-liberal D66 party, the Christian-democratic party CDA and the smaller Christian Union party. [Euronews]

In the elections of March, the D66 and VVD parties made gains while left-wing and Christian-inspired parties suffered setbacks. [Reuters]

A childcare benefit scandal and a leaked memo questioning the position of one Christian democratic politician in the future coalition caused contention and delays in the formation process between March and September. [Dutch News] In the meantime, several attempts by D66 party leader Sigrid Kaag to bring other left-wing parties into the negotiations did not come to fruition. [Euronews]

The negotiating parties have reached a substantive phase of the negotiations discussing the use of nitrogen in agriculture, new housing and ethical issues related to medical treatment. [NOS] On 17 October, protesters gathered in Rotterdam to complain about the government’s housing policy and a small number of people clashed with the police. [NOS]

The parties are expected to come up first with a coalition agreement about the principal subjects before discussing a government programme with greater detail about the implementation of new policies. Johan Remkes, one of the people leading the negotiations said: “I notice that the parties want to speed up.” He also noted that “there is intensive consultation, even if this is not always visible.” [Parool]

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Netherlands: Venice Commission chastises Netherlands over legal, administrative failings

The Venice Commission, an advisory body on democracy and constitutional law, voiced criticisms about the legal protection of citizens, in particular under administrative law, in an opinion published on 18 October.

The speaker of the lower house of parliament in the Netherlands had previously asked the commission to present an independent view on a childcare benefit scandal that emerged in Dutch politics earlier this year. [RTL News]

The Venice Commission, which is part of the human rights organisation the Council of Europe, noted that shortcomings in individual rights protection were “indeed serious and systemic and involve all branches of government”, although rule-of-law mechanisms such as the ombudsman, the parliamentary committee investigating the childcare benefit scandal helped to uncover deficiencies in the country’s parliamentary and administrative culture. [Council of Europe]

In a scandal that brought down the Dutch government in January of this year, the childcare allowance scheme was designed to make it difficult for parents to receive benefits to which they have a legal right. In a number of situations, families were falsely accused of benefit fraud and thereby forced to return benefits without considering the individuals’ financial hardship. [Dutch News] 

In its opinion, the Venice Commission proposed new legislation that should “include provisions that recall or restate general basic principles of good administration” and changes to the rules of procedure of the parliament “to facilitate scrutiny of the executive”. [Council of Europe]

The House of Representatives continues to discuss recovery measures for the affected families. The ombudsman expressed criticism about the way in which the outgoing coalition government handled the affair, saying that “parents are still stuck, recovery is slow and the system is too complicated.” [NOS]

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UK sets December deadline in Northern Ireland protocol row

David Frost, the British government’s Brexit minister, has said the EU’s proposals to change the Northern Ireland protocol did not “go far enough,” and demanded the issue be solved by December. [Sky News] 

The UK has threatened to unilaterally suspend the protocol unless a “sensible solution” is reached. [BBC News]

The European Commission put forward its latest proposals on 13 October. They aimed to reduce the number of customs checks required on goods moving between the United Kingdom and Northern Ireland by up to 50 percent. [The Journal] 

The proposals were an attempt to solve a long-running dispute between Brussels and London over the Brexit withdrawal agreement’s Northern Ireland protocol, which came into force in January.

The protocol is a compromise intended to avoid a “hard” border which would require customs checks and policing on the border between Northern Ireland and the Republic of Ireland.

Under the protocol, Northern Ireland is considered part of the EU’s single market for goods. This means that customs checks are now required on goods moving between Northern Ireland and the rest of the UK. [BBC News]

Within Northern Ireland itself, the protocol has met a mixed reception. A recent survey showed that 52 percent of respondents described the protocol as a “good thing” and 41 percent described as a “bad thing.” [Reuters]

Unionist politicians – who want Northern Ireland to remain an integral part of the United Kingdom – have opposed the checks mandated by the protocol and described it as “designed to undermine our place” within the UK and “an intolerable affront to our Britishness”. [Belfast Telegraph]

The protocol, as part of broader Brexit-related customs checks, has caused a drop in trade between Northern Ireland and the UK, and a rise in trade between Northern Ireland and the Republic of Ireland. [The Irish Times] [BBC News]

Despite agreeing to the protocol, the British government has been requesting changes to it since January on the grounds that it is disrupting the UK’s internal trade. Most recently, the government has described a potential import delay of Christmas crackers as a practical example of this. [Politico]

Another source of contention is the role of the Court of Justice of the European Union as arbiter in disputes over the protocol. The UK government is pushing to have the provision removed, though the issue is considered a “red line” for the EU. [RTÉ]

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United Kingdom: Government plans overhaul of Human Rights Act, ‘correction’ of ECHR judgements

The British government intends to overhaul the country’s Human Rights Act before the next parliamentary election, due in May 2024, Deputy Prime Minister and Justice Secretary Dominic Raab has said. [Law Gazette]

In a speech at a conference of the governing Conservative party on 5 October, Raab justified these plans by saying that “dangerous criminals” had been abusing the rights act to avoid deportation. [Conservatives]

Raab also took aim at the Strasbourg-based European Court of Human Rights (ECHR) in an interview on 17 October, saying that the British parliament should have the right to “correct” its judgements. [Politico Europe] 

The latest proposal to overhaul the Human Rights Act has been criticised by legal experts and NGOs.

The government launched an independent review of the act in January. In response, parliament’s cross-party Joint Committee on Human Rights published a report on March 4 that found “no case for reform” of the Human Rights Act, which has “enabled individuals to enforce their rights”. [Law Gazette]

Michael Dougan, a professor of European law at the University of Liverpool, said the Conservative plans were part of a nationalistic programme that “serves to undermine…the idea of liberal democracy”. [London Economic]

The chief executive of Amnesty International UK, Sacha Deshmukh, also condemned the plans, describing the Human Rights Act as “a key protection against an overmighty government.” [Scotsman]

The ruling Conservative party has consistently criticised the Human Rights Act since taking power in 2010 on the grounds that it obliges British courts to consider human rights judgements made by the European Court of Human Rights. [Financial Times]

In 2014, the then-prime minister, David Cameron, threatened to withdraw the UK from the European Convention on Human Rights unless changes were made to limit the influence of the Strasbourg court. [Reuters] 

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United Kingdom: British forces facing accusations of rights violations 

A research report on abuse and sexual harassment in the UK military has revealed widespread sexual harassment and abuse of woman, raising questions about the army’s institutional culture. [Guardian] In a recent case, a soldier has been jailed for seven years for raping a female comrade. [Daily Mail Online 1]

In this context, the killing of a Kenyan woman allegedly by British soldiers raises serious questions about the force’s accountability and transparency mechanisms. The Kenyan prostitute was stabbed in 2012 to be found in a septic tank close to the British Army Training Unit Kenya shortly after. [The Guardian 1] Although the alleged perpetrator was reported by a comrade and is said to have even confessed the crime, the army took no legal action so far. [The Guardian 2]

Worse, some British soldiers made fun of the murder victim and her now ten–years old child in a Facebook conversation on the crime. [Daily Mail Online 2] 

These developments coincide with renewed attention on alleged crimes committed during the “Troubles”, the sectarian conflict in Northern Ireland. While the conflict ended with the Good Friday Agreement of 1998, the trial of a British army veteran over a conflict-related shooting in 1974 brought questions about the accountability of servicemen and human rights abuses related to military missions to the forefront. The trial was halted after the former soldier died of COVID-19 at the age of 80.[Irish Times]

 

United Kingdom: High Court hears Assange case; ‘secret war’ on transparency

An openDemocracy report has said that the UK government is waging a “secret war against transparency” with the last year being the worst in this respect since the Freedom of Information Act came into force in 2005. [Guardian]

The allegations came at a time when a High Court in Britain hears the case of Julian Assange in London after the US appealed against a lower court’s decision to block his extradition to the United States, where he would face espionage charges. [France24]

According to the openDemocracy report, only 41 percent of freedom of information requests were granted in full, which is the lowest figure since 2005, while government statisticians said that authorities were “using an array of tactics to block the release of information to the public.”

After national newspaper editors demanded better compliance with the Act earlier this year, the October report by openDemocracy also said that members of parliament appear to be blocked from accessing information. The government dismissed the report as “complete nonsense”. [Guardian]

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United Kingdom: Armed forces announce new operating concept, troop reduction 

After Britain’s new “Integrated Operating Concept” was published in August, outgoing armed forces chief Nick Carter referred to what has been announced as “the most significant change in UK military thought in several generations” at a speech at the Policy Exchange think tank on 30 September. General Carter spoke about integrated cooperation with allies, modernisation efforts in terms of equipment and a strategic environment shaped by “constant competition with adversaries below the threshold of war.” [Defense News] 

According to Carter, the integrated operating concept is directed at “our authoritarian rivals” seeing “the strategic context as a continuous struggle in which nonmilitary and military instruments are used unconstrained by any distinction between peace and war” based on adversaries’ assumption “that they are already engaged in an intense form of conflict that is predominantly political rather than kinetic.” [Defense News]

The plan comes, however, at a time when cuts are needed to compensate for spending on other priorities. British forces are preparing for future battlefields including an increasing impact of robotics and AI. The UK Space Agency and the Canadian Space Agency recently signed a memorandum of understanding on joint activities and information sharing regarding space.

Meanwhile, the UK plans to cut its army from 81,820 to 72,500 by 2025. [Express]

The British armed forces – the army, navy and air force – have been already reduced by more than 50 percent over the past three decades, from 311,000 to 145,000. [Fair Observer] The Express reported that plans are now afoot to cut the army’s strength to even just 63,000 soldiers prompting some observers to question future deployment capability. [Express]

Troop reductions notwithstanding, The Economist said that the UK is increasingly and “worryingly” reliant on deploying armed forces for civilian aid, which includes delivering petrol in the current energy crisis, driving ambulances, staffing accident-and-emergency wards and Covid-19 testing facilities. According to Ministry of Defence figures, such deployments rose from 80 in 2015 to 359 during the last year and 237 this year to date. [Economist]

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Constitutional Law and Politics in Northern Europe

 

Denmark: Action plan with India on ‘green strategic partnership’

Denmark and India have agreed on a five-year action plan to move forward with a “green strategic partnership”. [Hindustan Times]

The two countries signed four agreements designed to increase cooperation in green technology and the management of natural resources.

The deals were announced after Danish Prime Minister Mette Frederiksen and her Indian counterpart Narendra Modi held bilateral talks in New Delhi on 9 October. [Times of India]

Frederiksen said Denmark could offer know-how in green technologies which India could use to benefit a population of more than a billion. [Hindustan Times]

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Finland: President says his country needs to eye NATO membership 

President Sauli Niinistö has indicated that his country needs to keep an eye on whether the door to NATO membership remains open to Finland. [yle]

Speaking at the Finnish Institute of International Affairs last month, Niinistö said relations between the European Union and Russia had “effectively withered away.”

He told a meeting that a search for partnership had been replaced with growing suspicion and mutual recrimination, adding: “For example, we will not accept the illegal annexation of Crimea.” [yle]

Moscow’s annexation of Ukraine’s Crimean Peninsula in 2014 prompted international condemnation, raised tensions and precipitated a deterioration in Russia’s relations with the West to the lowest level since the Cold War.

Though not a member of NATO, Finland has in recent years stepped up cooperation with the Western military alliance. Any bid by Finland to join NATO would be controversial amid fears of the reaction from Russia, the country’s giant neighbour to the east.

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Norway: New cabinet takes office under shadow of bow-and-arrow killings

A new centre-left minority government led by incoming Prime Minister Jonas Gahr Støre took office in Norway on 14 October. [AP]

The ceremonies took place under the shadow of a killing spree a day earlier in which an attacker using a bow and arrows killed five people and wounded two others in Kongsberg, a town outside the capital, Oslo.

The country’s domestic security agency said the attack appeared to have been an “act of terror.” Police added that the suspect, a Danish man, was a convert to Islam who had previously been flagged as a possible extremist. [Guardian]

The attack reignited memories of the killing of 77 people in Norway in 2011 by far-right extremist Anders Behring Breivik. 

The new centre-left government headed by Støre includes two survivors of that attack. [Guardian]

Støre took over after conservative Prime Minister Erna Solberg was ousted in a 13 September election after serving two four-year terms. [AP]

The new minority government comprising Støre’s Labour Party and the Centre Party has differing views on the European Union, of which Norway is not a member. While the Labour Party favours extensive cooperation, the Centre Party has strong anti-EU sentiments. [Euractiv]

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Sweden: Countdown to launch of satellite site

The first satellite launch site in the European Union is expected to be ready for operation in Sweden by next summer. The project will make Sweden one of around a dozen countries across the world with its own satellite infrastructure. [Euractiv]

Stefan Gardefjord, CEO of the Swedish Space Corporation (SSC), said Sweden would “become a launching state, offering the most modern ground technology possible to European and international satellite owners.” [Arctic Today]

The launch site is located at the Esrange Space Centre outside the northern Swedish city of Kiruna.

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Constitutional Law and Politics in Central Europe

 
 

Austria: New chancellor takes over after corruption scandal

New Austrian Chancellor Alexander Schallenberg, installed after his predecessor resigned amid a corruption scandal, travelled to Brussels on his first foreign visit, saying the trip was a signal his country wanted to work closely with the EU, of which it is a member.

In talks with European Commission chief Ursula von der Leyen and European Council President Charles Michel in mid-October, Schallenberg, a former foreign minister, outlined the priorities of his administration. He also said he would continue Austria’s tough position on migration and the fiscally conservative stance of former Chancellor Sebastian Kurz. [Euractiv]

Kurz quit after prosecutors started investigating him and nine others on suspicion of bribery, breach of trust and corruption. He denies wrongdoing and remains leader of his conservative ÖVP party. [Reuters]

Prosecutors carried out raids at the chancellery, offices of Kurz’s senior aides and at the finance ministry amid suspicions that ministry funds were used between 2016 and 2018 to manipulate opinion polls published in a newspaper to show the ÖVP in a good light. 

The allegations shook Austria’s coalition government after the Greens, the ÖVP’s junior partner, claimed Kurz was no longer fit to be chancellor. The Greens launched talks with opposition parties, who warned they could bring a vote of no-confidence against Kurz. [BBC News]

After taking over as chancellor, Schallenberg, a member of the ÖVP and a career diplomat, said he aimed to repair the rift between his party and the Greens, and to govern until the country’s next general election, which is due by 2024. But he warned that Austria’s ruling coalition was on "thin ice." [Reuters]

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Croatia: New Supreme Court president says trust in judiciary must rise

The new president of Croatia’s Supreme Court, Radovan Dobronić, has said after being appointed last month that it is vital to strengthen trust in the judiciary.

Croatians are increasingly distrustful of their judicial system. Their country, which has recently seen high-profile corruption cases involving politicians, came bottom in the last two European Commission reviews of the rule of law in EU states. [Euractiv]

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Czech Republic: Ailing president stripped of powers amid constitutional crisis 

The Czech Senate’s Constitutional Committee unanimously voted to strip ailing President Miloš Zeman of his powers on 19 October, amid a constitutional crisis following parliamentary elections in which a populist premier was defeated by a group of opposition parties. [Radio Prague International]

The political chaos came after the centre-right ANO party and Prime Minister Andrej Babiš, an ally of Zeman, lost elections held on 8 and 9 October.

That result was a resounding victory for moderate opposition forces over the populist illiberalism of Babiš, a millionaire businessman who campaigned against “the purported vagaries of European unification,” according to Jan Rovny, an associate professor at the Sciences Po institute in Paris. [LSE Blogs] 

Babiš, who also campaigned against corruption, denied wrongdoing after he was listed in the “Pandora Papers,” a high-profile leak of documents in early October. The leak named him among current and former international politicians and businessmen who, according to an international investigative report, used offshore financial structures.f [RFE/RL] [Reuters]

Zeman’s powers will be divided among the prime minister and the heads of the upper and lower chambers of parliament, but he will remain head of state and can resume his duties if his health improves.

The constitutional committee’s decision came after the Prague Central Military Hospital, where Zeman is being treated, said that he was "incapable of fulfilling any of his working responsibilities." [EUobserver]

Zeman’s head of office, Vratislav Mynář, was notified on 13 October by the hospital that Zeman was unfit to work. Yet, on 14 October, Mynář left the hospital with a document regarding a recall of parliament which bore Zeman's signature. Some suspect the signature was forged. [EUobserver]

"With regards to the new information ... the police will launch an investigation of possible unlawful acts, in which signs of crimes against the republic can be detected," Czech police said, speaking about Mynář.

Though the powers of the president are limited, he has a key role in choosing who to ask to form a new government. [Euronews] He is crucial in power transitions, holds authority over the armed forces, while additionally being in charge of appointing senior members of the central bank and judges. [Reuters]

Zeman is reportedly suffering from a liver complication called hepatic encephalopathy, which impairs cognitive functions. [EUobserver] 

The likely next Czech prime minister will be Petr Fiala, leader of the centre-right Civic Democrats, who are part of the SPOLU (Together) alliance. [Radio Prague International] 

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Hungary: Opposition picks joint candidate to take on Orbán

An unaffiliated conservative mayor has been selected by an alliance of six opposition parties to take on Prime Minister Viktor Orbán and his right-wing Fidesz party in Hungary’s parliamentary elections next year.

Peter Márki-Zay won an opposition run-off primary on 17 October. He will seek to dethrone Orbán, who has been in power since 2010 and has had a string of clashes with the European Union on issues including migration and media freedom. Critics say that, under Orbán, Hungary has undergone democratic backsliding.

Márki-Zay, meanwhile, wants to improve relations with Brussels and is in favour of Hungary adopting the European single currency. [Reuters]

He lacked major funding and had no party machinery to back him, but during the opposition primary won support from younger voters who liked his anti-corruption stance. Opinion polls have put the opposition alliance neck-and-neck with Orbán’s ruling Fidesz party. [Euractiv]

Both Márki-Zay and his defeated rival in the opposition primary, Klara Dobrev, have agreed that Hungary needs to annul the Fidesz-approved expansion of nuclear power at Paks on the river Danube, which is supported by finance and technology from Moscow. [BBC News]

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Poland: Parliament approves Belarus border wall amid migrant surge

The Polish lower house of parliament on 14 October backed the construction of a barrier along the country’s border with Belarus – which is also an external EU frontier – amid an ongoing migrant crisis. [TVN24]

The project, expected to cost around EUR 350 million, was approved by deputies on the same day that the Polish parliament passed legislation allowing the authorities to move illegal migrants back across the border, which human rights advocates say violates international law. [Reuters] 

The two measures are the latest attempts by Poland to control the increasing number of migrants entering the country since August. The European Union has blamed Belarusian President Alyaksandr Lukashenka for the influx of the mostly Middle Eastern migrants. The EU says that the crisis has been intentionally organised and encouraged in retaliation for sanctions imposed on Belarus by the bloc. [Deutsche Welle]

In September, the government in Warsaw declared a state of emergency on the Polish-Belarusian border, providing the authorities with more powers in the region. Opponents of the measure voiced concerns that journalists and aid workers have been denied access to border areas. [BBC News] [Deutsche Welle]

The German government has offered assistance to Polish authorities, citing high numbers of migrants entering Poland who then travel on to neighbouring Germany. Horst Seehofer, the German interior minister, acknowledged Poland’s “very strong initiatives to prevent irregular immigration”. [Euronews]  

Poland’s recent measures have sparked protests in Warsaw and drawn criticism from the United Nations refugee agency, which said that “the fundamental right to seek asylum set out in international and EU law” was being undermined. [Deutsche Welle]

The migrant crisis at the Polish border with Belarus was discussed at a 21-22 October European Union summit. The meeting’s conclusions said “hybrid attacks” were underway, but divisions appeared over how to deal with the issue in the short term. 

Some argued for the construction of border fences, including the Austrian chancellor and Lithuanian president, while others including Luxembourg’s prime minister were opposed. European Commission chief Ursula von der Leyen said that “there will be no funding of…walls”. [Guardian]

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Slovakia: Central bank chief charged with bribery, denies claims

Prosecutors in Slovakia have charged Peter Kažimír, the governor of the country's central bank, with bribery but he denies wrongdoing. [EUobserver] [Reuters]

Kažimír, who is also a member of the board of the European Central Bank, said he did not intend to step down.  

Kažimír, who was finance minister in the former government of Robert Fico, allegedly handed an envelope containing EUR 50,000 to the country's former tax administration chief. [Euractiv]

A string of officials in Slovakia have been investigated amid suspicions of graft since the current government was elected last year after a public outcry over the murder of a journalist who probed high-level corruption. The shooting of reporter Ján Kuciak and his fiancée in 2018 triggered mass protests and forced Fico to step down as prime minister. [Reuters]

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Slovenia: Outburst by PM as Euro-deputies probe media freedom

Slovenian Prime Minister Janez Janša, whose country holds the EU’s six-month rotating presidency, drew criticism from the bloc’s leaders over a social media post in which he denounced a number of “Soros puppets” in the European Parliament. [Politico Europe]

Janša’s tweet, which was later deleted, came amid a visit to Slovenia by European Parliament lawmakers on 14 October to assess media freedom and the state of the rule of law in that country. [Reuters]

Janša accused the EU delegation of being biased in its scrutiny of Slovenia. [Deutsche Welle]

Critics pointed to what they said were anti-Semitic allusions in a tweet by Janša, which implied that Hungarian-American financier and philanthropist George Soros, who is of Jewish descent and who promotes liberal values, is secretly pulling the strings in the European Union. [Politico Europe]

Without referring specifically to Janša, European Council President Charles Michel tweeted that members of the European Parliament "should be able to do their work free from any form of pressure."

European Parliament President David Sassoli said on Twitter: "We urgently call on Janez Janša to cease the provocations against members of the European Parliament. Attacks on members of this house, are also attacks on European citizens."

Janša has clashed with Brussels in the past over media freedoms. His outburst on Twitter came amid rising concern in Western European capitals about respect for such freedoms and for the rule of law in former communist-bloc countries which are now members of the EU, especially in Hungary and Poland. [Reuters]

Politicians in Budapest and Warsaw have criticised Soros in the past for interfering in domestic politics and using his influence to push a socially liberal agenda.

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Constitutional Law and Politics in Southern Europe 

 
 

Italy: Protests against new rules on Covid health passes

Demonstrators have staged protests across Italy after the government introduced rules requiring workers in both public and private firms to show proof they have been inoculated against COVID-19 or recovered from infection.

The largest demonstrations took place in the north-eastern city of Trieste on 18 October. Around 6,000 protesters including anti-vax and labour groups blocked the gates of the port in a show of anger. [Reuters] 

Police used tear gas and water cannon on protesters to break up the demonstrations. 

The Italian government made it mandatory for all workers to show a “green pass” from 15 October to get into their place of employment. All staff must supply evidence they have been vaccinated with at least one dose, provide an all-clear result from a test taken within the last 48 hours, or recent proof of recovery from COVID-19 in the past six months. [AP]

The tough new rules have sparked outrage from both left- and right-wing groups which claim the requirement is form of discrimination, especially against low-income people who may not be able to pay for a Covid test if they do not want to get inoculated. [Politico Europe] 

The far-right group Brothers of Italy called the measures a mechanism to distract people from government failures. Other groups such as the right-wing 5 Star Movement have put pressure on the government to pay for coronavirus tests for workers. [Politico Europe]                               

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Italy: Senate scuppers anti-homophobia bill

Italy’s upper house of parliament on 27 October killed off a proposed law against homophobia opposed by right-wingers and Catholic groups.

The Senate voted to block debate on the bill, which would have made violence against LGBTQIA+ and disabled people, as well as misogyny, a hate crime. Far-right parties said the law would have promoted “homosexual propaganda” in schools and suppressed freedom of expression. [Guardian]

The law was proposed by Alessandro Zan, a member of parliament from the centre-left Democratic Party, to tackle what he called an exponential rise in the number and seriousness of acts of violence towards gay and transgender people. [thelocal.it]

The vote leaves Italy one of the few countries in the European Union without a specific law to shield citizens from homophobic, misogynistic and transphobic discrimination. [Euractiv]

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Italy: Right-wing ex-interior minister in court for blocking migrant boat

Italian former interior minister Matteo Salvini, a right-winger, has gone on trial in Sicily accused of illegally blocking 147 migrants from disembarking off a rescue ship two years ago.

Salvini, who has built much of his political career on an anti-immigration campaign, faces up to 15 years in jail if convicted. [Al Jazeera]

He denies kidnap and dereliction of duty charges over the incident in August 2019. As interior minister, he closed ports to rescue ships, a move that left migrants saved from the Mediterranean Sea stranded aboard a Spanish rescue boat for three weeks in worsening sanitary conditions. [BBC News]

It is the first trial to be held involving Salvini for preventing migrant landings. Prosecution witnesses in the case, which started on 23 October, include Hollywood actor Richard Gere, who visited the migrants aboard the Open Arms ship after hearing during a holiday in Italy of their plight. [AP]

Salvini has ridiculed the actor’s presence at the trial, asking how serious proceedings would be in which a star flew in from Hollywood to testify against him.  [Al Jazeera]

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Portugal: Budget rejected by parliament, early elections loom

Portugal’s parliament rejected a draft budget proposed by Prime Minister António Costa’s Socialist party on 27 October, a move which could lead to the president dissolving parliament and an early election. 

The planned budget for 2022 was opposed by the Communist Party and the Left Bloc. It was defeated by 117 votes to 108, with five abstentions. [AP] It was the first time since 1974 that a budget law has been rejected in Portugal, and came as a blow for Costa’s party as he lost support from his own allies. [Euronews]

Disagreements between the Socialists and their hard-left allies included the level of a minimum wage increase, new rules for gig-economy workers, remote work, public health spending, increases in income taxes and pension entitlements. [AP]

“I did all I could to make this budget work without adding anything to it that would be to the country’s detriment,” Costa said after the proposal was rejected. [Euronews]

Portugal is saddled with one of the heaviest public debt levels in the European Union. It was under austerity measures from 2011 to 2014 under an international bailout. [Reuters]

President Marcelo Rebelo de Sousa warned that he had no problem in dissolving parliament. “My position is very simple; either there is a budget or there will be a dissolution,” he said. [Euronews]

If the head of state decides on such a move, an early election would take place in January, and Portugal’s budget plan for 2022 would be set back until April. [Euronews]

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Spain: Court declares second ‘state of alarm’ unconstitutional  

The Spanish Constitutional Court declared on 27 October that the second “state of alarm” introduced by the country’s government to fight the Covid epidemic from 9 November 2020 to 9 May 2021 was unconstitutional. [País]

The court verdict came after six out of ten justices were in favour of the decision. It is the third ruling of this kind over the government’s handling of the epidemic. The country’s first “state of alarm” was declared unconstitutional in July, as was the suspension of parliamentary sessions at the beginning of the pandemic. [País] [Euractiv ] 

Almost 80,000 people in Spain have died of COVID-19. [Euractiv]  

The second “state of alarm” allowed for a nationwide curfew to be imposed between 11pm and 6am and limited gatherings to six people or fewer, although each region in Spain had some flexibility on the specific restrictions introduced. [País]

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Spain: PM aims to eliminate country’s sex industry

Prime Minister Pedro Sánchez aims to follow through on his promise to reform Spain’s prostitution laws, with the goal of abolishing the country’s EUR 3.7 billion sex industry, which he said “enslaves the women in our country.” [Politico Europe]

Sánchez’s Spanish Socialist Workers' Party (PSOE) made such promises before the Spanish general elections in 2019. The party’s electoral manifesto pledged to criminalize sex work in order to draw more support from female voters, but the government has yet to come up with legislation to ban prostitution. [Independent] 

Spain is the largest “consumer of prostitution in Europe” and the third biggest in the world, said Laura Berja, PSOE’s parliamentary spokeswoman on equality. She added: “We need a model that deals with the terrible Spanish reality.” [Politico Europe]

The majority of sex workers in Spain are vulnerable migrants from poorer European countries, Latin America and Africa. [Washington Post]

Eighty percent of women who work in prostitution in Spain have been tricked in their countries of origin by mafias involved in human trafficking, according to the Spanish police. [Politico Europe]

Prostitution in Spain is unregulated, and sex workers face no legal repercussions. One in three Spanish men had paid for sex according to a 2009 survey, and many French men come from across the border to evade France’s stricter rules and penalties. [BBC News] [Politico Europe]

However, many caution against any attempt to legally crack down on prostitution. “When something is prohibited, mafias emerge,” said Conxa Borrell, the secretary-general of OTRAS, the country’s only labour union representing sex workers. [Politico Europe]

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Spain: Top Basque nationalist says ETA violence ‘should never have happened’

A top Basque nationalist politician and former ETA member has said the violence the group used in its attempt to gain independence “should never have happened.” [Guardian]

Arnaldo Otegi, now a leader of the left-wing Bildu party, was speaking on 18 October in the run-up to the tenth anniversary of ETA’s move to stop an armed campaign following four decades of bloodshed which left more than 800 people dead. [EFE]

Otegi, who was once jailed for kidnapping, is believed to have played a central role in convincing the group to abandon violence and press for independence by peaceful means instead. But for many Spaniards he remains a reminder of the killings that marked ETA’s campaign for a Basque state. [Guardian]

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Vatican City: Pope says migrants should not be sent back to unsafe countries

Pope Francis has said migrants should not be sent back to unsafe countries, urging international leaders to take action over a deteriorating migrant situation in the central Mediterranean region. [CNN]

His message came as European Union leaders struggle to bridge their differences on how to handle the issue of migrants, which has been tapped by nationalists and populists across the bloc seeking to increase their public support. [Reuters]

The spiritual leader of the world’s Roman Catholics made his appeal on 24 October at a regular blessing he gives to the faithful at the Vatican City.

Many migrants are “subjected to inhumane violence," the pope said, referring in particular to Libya. He urged the international community to “seek common, concrete and lasting solutions for the management of migratory flows in Libya and throughout the Mediterranean.” [CNN]

Earlier in October, the United Nations human rights office called for a probe after claiming that Libyan authorities had used "unnecessary and disproportionate" force to detain African migrants. The EU tightened its external borders after over a million migrants flooded to Europe across the Mediterranean during a refugee crisis in 2015. [Reuters]

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Constitutional Law and Politics in Eastern Europe

 
 

Armenia: Ruling party’s electoral campaign underwhelms in local elections

The governing party Civic Contract lost three out of four major municipalities in local elections that took place on 17 October. Despite the electoral success in the parliamentary elections earlier this year, the party and its leader Prime Minister Nikol Pashinyan were unable to bring out a large share of voters. [Eurasianet]

In Gyumri, the incumbent mayor won the vote against the ruling party while also in Goris and Meghri, opponents of Civic Contract came in first. The registered turnout for the local elections was 33 percent even though Pashinyan had made the vote a priority for his party. [OC Media]

Armenia plans to organise two more local elections in cities later this year, on 14 November and 5 December. [Armenian Weekly]

Pashinyan’s ruling party and the opposition remain divided over the conflict with neighbouring country Azerbaijan. Earlier in October, the Armenian prime minister has expressed willingness to meet the President of Azerbaijan, Ilham Aliyev, to address the situation in Nagorno-Karabakh, a contested border region over which the two countries have exchanged fire in 2020. [RFE/RL]

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Azerbaijan: Tensions with Iran over secret agents and clerics

Azerbaijan’s security services announced they had detained multiple Shia clerics on 19 October. The detainees are accused of being loyal to neighbouring country Iran. [Eurasianet]

Baku’s secular authorities are known to be suspicious of religious activities, and there have been attempts to tie the Shiite clerics with Iranian authorities. Recent tensions between the two countries have raised pressure on the Shia minority of Azerbaijani Muslims. Most of the political prisoners in Azerbaijan are religious activists.

Baku also accused Tehran of invading Azerbaijan during the war over Nagorno-Karabakh with Armenia last year. Azerbaijani officials said that Iranian armed forces entered the country’s territory last year while Iran relies on Shia clerics to run a network of secret agents. [Eurasianet]

Diplomatic tensions rose after Azerbaijani police started to inspect Iranian trucks that were carrying goods to Nagorno-Karabakh through Armenia in September. In an attempt to deescalate the crisis with Iran, two Iranian truck drivers who were arrested in September for illegally crossing the border were released on 21 October. [Times of Israel]

Media in Iran have blamed Turkish President Recep Tayyip Erdoğan for the deteriorating relationship between Baku and Teheran. [Iran International]

According to Turkish media, the launch of joint Azerbaijan-Turkey military drills in early October were meant to send a “tough message” to Iran. [TRT World]

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Belarus: Authorities continue crackdown on independent media 

Belarusian authorities are continuing to crack down on independent media and freedom of expression.

On 7 October, a new criminal case was filed against journalists working for the leading independent media outlet Tut.by. Suspected of inciting social hatred, they face up to 12 years in prison. The case comes after the authorities blocked Tut.by in May, opened a criminal investigation against 15 of the outlet’s staff over alleged tax evasion and dubbed the content of both Tut.by and its new media venture Zerkalo.io as “extremist”. [RFE/RL] [Deutsche Welle] [Belsat] 

Tut.by actively covered the 2020 presidential election and mass protests against strongman leader Alyaksandr Lukashenka, who claimed to have secured his sixth term in a contested victory. [RFE/RL] The EU called the election “neither free nor fair” and did not recognise the “falsified results”. [Deutsche Welle] [BBC News]

Many independent media outlets, including Tut.by and Nexta, set up their channels on the Telegram messaging service. Due to its security credentials, the service was widely used during the 2020 demonstrations against Lukashenka. In the ongoing crackdown on the opposition, the authorities labelled more than 100 Telegram channels as “extremist”. [Moscow Times] [AP]

Under a recently published proposal, Belarusian citizens who subscribe to banned social media channels will be held criminally liable as “members of an extremist group” and face up to seven years in prison. [Reuters]  [Moscow Times] Currently, dissemination of information from such channels can result in a fine or arrest. [Belsat] 

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Estonia: New president sworn in as government parties make gains in local elections

Estonia’s governing parties suffered small losses but remain the largest political forces while new political movements saw significant gains in the local elections on 17 October.

The Century Party came in first with 24.4 percent but lost its absolute majority in the Tallinn City Council while Prime Minister Kaja Kallas’ Reform Party gained 17.3 per cent of the votes. [Estonian World]

The right-wing Estonian Conservative People’s Party (EKRE) obtained an electoral score of 13.2 while the newly-emerged Eesti 200 secured 6 percent of voter support. [ERR]

Alar Karis was sworn in as President of Estonia on 11 October, less than a week before the local elections. The biologist and former rector of Tartu University was endorsed by the two governing parties. With no other candidates running, Karis was elected with a two thirds majority in Estonia’s unicameral parliament in August. [ERR] [Euronews]

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Georgia: Political instability after local elections, arrest of former president Saakashvili

Former Georgian President Mikheil Saakashvili, who lived in exile in Ukraine since 2015, was arrested after his arrival in the country at the beginning of October. The former leader of opposition party United National Movement (UNM) had returned just ahead of the local elections on 2 October to encourage voters to go out and vote. He was taken into custody hours after his return. [BBC News]

The ruling Georgian Dream party performed well in the local elections, winning around 49 percent of the overall vote while the UNM obtained 31 percent of the vote. Prime Minister Irakli Gharibashvili said it was “a big honour for us to win for the eighth time.” Georgian Dream has been in power since winning the 2012 parliamentary elections. [Euronews]

Since the arrest of the former president, politicians and officials in Europe have called for his immediate release. [RFE/RL] Saakashvili’s detention risks upsetting the relationship between Georgia and the EU, which has deteriorated since the Georgian Dream party came into power almost a decade ago. [Financial Times]

Saakashvili went on a hunger strike following his detention and in recent days, Georgian doctors have recommended his hospitalisation warning that a pre-existing blood disorder could cause irreversible damage to his health. [Daily Sabah] Saakashvili consented to medical treatment on 22 October while continuing his protest. [RFE/RL]

Meanwhile, protesters went on the streets of Tbilisi to demand the release of the former president who currently holds the Ukrainian nationality. Ukrainian president Volodymyr Zelenskyy has asked for Saakashvili’s release from detention. [Al Jazeera]

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Lithuania: Former PM founds new centrist political party

Former Lithuanian Prime Minister Saulius Skvernelis has established a new political party called For Lithuania. [Delfi]

Skvernelis served as prime minister of Lithuania between 2016 and 2020 after serving as interior minister between 2014 and 2016. He was a member of the green-conservative party Lithuanian Farmers and Greens Union until a split in the parliamentary group which led him and other lawmakers to create a new political party.

Thirteen members in total of the Lithuanian parliament have signed up to join For Lithuania. Because of Skvernelis and other lawmakers’ departure from the Lithuanian Farmers and Greens Union, the party lost its status as main opposition in the parliament. [Baltic News Network]

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Russia: Moscow suspends NATO mission over staff expulsion

Foreign Minister Sergey Lavrov announced on 18 October that Russia was suspending the activities of its mission to the North Atlantic Treaty Organisation (NATO) in Brussels until further notice, and would strip NATO staff working at the military mission in Moscow of their accreditation. [BBC News]

The decision comes days after NATO expelled eight members of the Russian permanent mission to the military alliance, claiming they were working as “undeclared” intelligence officers. That move reduced the Russian team at the NATO’s headquarters in Brussels to ten staff members. [Guardian]

Speaking about the Western alliance’s relations with Russia following the Kremlin’s decision to halt its mission, NATO Secretary-General Jens Stoltenberg said that these were “now at the lowest point since the end of the Cold War.” [Reuters] German Foreign Minister Heiko Maas said that Moscow’s move “will further prolong the Ice Age”. [Euractiv]

In 2014, practical cooperation between Russia and NATO was suspended following Moscow’s annexation of Ukraine’s Crimea peninsula, but political and military channels of communication have remained open since then. [Deutsche Welle]

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Ukraine: Agreement with IMF on extension loan programme, EU on closer association

The Ukrainian government announced on 18 October it had come to an agreement with the International Monetary Fund (IMF) on the receipt of USD 700 million and the extension of an ongoing loan programme to help the country deal with an economic recession resulting from the COVID-19 pandemic.

A conclusion of the latest deal with the IMF hinged on sufficient progress with judicial reform, improving central bank independence and a crackdown on corruption. [Reuters]

Earlier this month, the EU said it was committed to support Ukraine in strengthening the rule of law and the advancement of reforms, in a statement published during the 23rd EU-Ukraine summit on 12 October. The document said: “We gathered today to reaffirm our continued commitment to strengthening the political association and economic integration of Ukraine with the European Union.” [Ukrinform]

Reports from early October about an EU military training mission to Ukraine were not mentioned in the statement, despite a request made by Ukrainian officials to the EU’s foreign policy chief Josep Borrell. [Euractiv]

According to an OSCE report, the military situation in eastern Ukraine remains “close to unstable” along the contact line with the Donetsk and Luhansk separatist regions of Ukraine. [Ukrinform] In April of this year, an increase of Russian troops stationed near the border with Ukraine was received with alarm in Kyiv. [CSIS]

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Constitutional Law and Politics in Southeastern Europe

 
 

Albania: Personal rivalry divides Albania’s main opposition party 

Former President and Prime Minister Sali Berisha’ candidacy for chairman of the Democratic Party (DP) poses a risk to the unity of the DP, which currently is Albania’s main opposition party. Berisha is the subject of sanctions by the United States for alleged corruption. [Albanian Daily News] [AP]

The former head of state announced his candidacy for chairman of the DP, during the latest stop of a national tour.

Berisha had resigned as a DP chairman after his defeat in the parliamentary elections of 2013 but remained in the party as a member of parliament. Lulzim Basha, his former protégé and successor to the leadership of the DP, ousted Berisha from the DP parliamentary group on 9 September until his problems with the US are cleared up. [Euronews Albania]

US Secretary of State Anthony Blinken declared Berisha as persona non grata on 19 May due to corruption allegations. [AP] Over summer, Berisha announced that he had sued Blinken for defamation in the Correctional Court of Paris. [Euronews Albania]

One week after his expulsion from the DP parliamentary group in September, Berisha launched a countrywide tour to meet with DP supporters. During the national tour, he demanded Basha to resign. The tour has been endorsed by several senior DP members who disagree with Basha’s decisions. [Albanian Daily News]

Berisha and his supporters aim to collect at least 1500 signatures from DP members which, according to him, will enable them to convene a national assembly of the party and organise a referendum to overturn Berisha’s expulsion from the parliamentary group. [Politiko]

However, Basha, who has been accused by Berisha as a “hostage” of current Prime Minister Edi Rama, has repeatedly stated that he will not allow a DP assembly to discuss actions taken by the United States. [A2 News]

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Albania: Venice Commission opinion and European court rulings expose frailty of justice system

The based European Court of Human Rights ruled that Albanian courts did not give a fair and public hearing within a reasonable time to two applicants. [Euractiv] Meanwhile, the Venice Commission found that the country’s Constitutional Court does not have the power to review the constitutionality of local elections that took place in 2019. [Exit]

Both the Strasbourg-based human rights court and the commission are part of the Council of Europe, an international organisation dedicated to upholding human rights and the rule of law in Europe.

The court’s ruling and the commission’s opinion cast doubt over the ongoing EU-led reforms of the justice system, which led to resignations and significant staff reductions among the judiciary. [Euractiv]

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Bulgaria: Protests against compulsory vaccine passport just weeks before elections

The Bulgarian government’s decision to implement a vaccination passport system in response to the recent rise in COVID-19 cases was met by street protests, primarily comprising people working in the hospitality industry. [BTA]

Bulgarian citizens gathered on the streets of several large cities to show their discontent with a new ‘green pass’ vaccine passport that was implemented in September. Proof of vaccination through the passport is needed for citizens to gain access to a number of services. [Novinite] More European countries such as France and Italy have seen ‘anti-vaccine’ protests after the compulsory introduction of a vaccination passport.

Protesters voiced their disapproval over what they claimed was a ‘disproportionate’ implementation of the passport system, limiting civil liberties without extensive public consultations. [BTA]

Critics have attributed the increase in COVID-19 cases and the low number of vaccinated citizens to the inability of President Rumen Radev and the caretaker government to tackle the problem. [Deutsche Welle] Bulgaria is currently the country in the European Union with the lowest number of vaccinated citizens [ECDC]

Street protests did not remain peaceful in the capital city, Sofia, where a 45-year-old man and supporter of the Revival Party attacked Education Minister Nikolai Denkov. [BTV]

A number of Bulgarians have called for the resignation of Health Minister Stoicho Kacarov, just weeks before the third parliamentary elections in 2021 [News.bg] On 14 November, citizens will choose both the next president and their parliamentary representatives in what will the first dual elections in Bulgarian history. [News.bg]

Bulgaria already went to the polls in April and July of this year to elect a new parliament, but on both occasions none of the main parties were able to conclude talks with potential partners and form a cabinet.

The protests against the vaccine passports are only the latest in a series of demonstrations that started in the summer of 2020, against alleged corruption and state capture during the previous governments led by Boyko Borisov. [BNT]

In the upcoming elections, citizens will be able to cast their vote without having a vaccine passport. [Economic.bg]

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Greece: Right-wing extremism leads to unrest on the streets

Extremist attacks and anti-fascist protests have become a common sight in Greece in recent weeks. Even though the neo-Nazi party Golden Dawn was banned in 2020, new right-wing groups have emerged. [Deutsche Welle]

Far-right activists have carried out attacks against people helping refugees. On 1 October, a neo-Nazi parade took place in a suburb of Thessaloniki. [Euractiv]

The revival of far-right organisations has led to clashes with anti-fascist student movements. Meanwhile, the government has been criticised both Greek media and by opposition parties for applying the same approach to both conflicting groups, despite evidence of gun-violence and assaults in right-wing circles. [News247]

In October, a decision of the public prosecutor to release a senior neo-Nazi Golden Dawn member from prison also caused unease in Greece because several more Golden Dawn convicts have been discharged by the justice system. [Euractiv]

The ministry of justice has come under scrutiny both for its treatment of right-wing extremism and the protection of media freedom. On 12 October, several EU watchdogs asked the government not to include penalties for the publication of fake news in the criminal code because this could undermine the freedom of the press. [International Press Institute]

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Kosovo: Violent clashes during police operation

An anti-smuggling raid by the Kosovo police has led to violent clashes with ethnic Serbs in northern Mitrovica. Several people were injured during an anti-smuggling operation led by the police on 13 October.

Serbian President Aleksandar Vučić said that Serbia will protect the Serbs of Kosovo if the “big Western powers” fail to protect them. The Prime Minister of Kosovo, Albin Kurti, said that his government will continue the fight against criminal activities and that the operation should neither be politicised nor turned “into an ethnic issue.” [AP]

Tensions were already on the rise between the two countries. In September, Kosovo’s government implemented a measure requiring cars entering the country to replace Serbian licence plates with temporary ones, because only Kosovo licence plates were allowed in traffic. [Anadolu]

In response, ethnic Serbs blocked two roads leading to border crossings while Vučić convened Serbia’s national security council. [Euronews]

The European Union brokered a temporary agreement to the license plate dispute while a working group of EU, Kosovo and Serbia officials was announced to find a lasting solution. [Euronews] [Balkan Insight]

PM Kurti announced a new state budget for Kosovo on 29 October, comprising an increase in military spending amid renewed tensions with Belgrade. [Euractiv]

Kosovo, a former province of Serbia, declared its independence in 2008 but Serbia does not recognise it as an independent state. In 2013, Kosovo and Serbia agreed to normalise relations.

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Moldova: General prosecutor detained after corruption accusations

Alexandr Stoianoglo, Moldova’s top prosecutor, was taken into detention on 5 October for alleged abuse of office, corruption and exceeding his official duties. 

Justice Minister Sergiu Litvinenco described Stoianoglo as “a weak, illegally appointed prosecutor who has become a puppet in the hands of the corrupt and of the thieves who have been stealing from this country for decades.” Stoianoglo denied the charges and said Moldova was returning to a “captured state.” [Balkan Insight]

Stoianoglo held the position since 2019, when he was appointed by former President Igor Dodon. Current President Maia Sandu and Prime Minister Natalia Gavrilița are considered to be pro-Western politicians while the Dodon presidency was marked by a Russia-oriented foreign policy. [RFE/RL]

Moldova recently ratified the Istanbul convention to combat domestic violence and protect women. [Council of Europe] The government has also asked the EU for help to deal with gas supply shortages. [Balkan Insight]

On 6 October, current Sandu appointed Dumitru Robu as the country’s new top prosecutor, a deputy head of the Chisinau prosecutors' office who was also recommended by Moldova’s High Council of Prosecutors. Sandu said the replacement was an attempt to tackle corruption and meet citizens’ expectations of justice. [Reuters]

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Romania: No easy path to new cabinet after centre-right government toppled

A no-confidence vote against the prime minister in early October triggered a crisis that has political parties struggling to form a new cabinet ever since. [RFI]

Prime Minister Florin Cîtu lost a no-confidence vote on 5 October which brought down a coalition government composed of the liberal-conservative PNL with centrist party USR and the ethnic Hungarian minority party UDMR. [Euractiv]

“Florin Cîtu has been dismissed for all the reforms that have been blocked in recent months, for the failure of the vaccination campaign, for the use of money and public functions to buy votes at the PNL congress,” according to a USR statement published on social media. [Euronews]

President Klaus Iohannis, an ally of Cîtu and member of the PNL, had the right to appoint a new prime minister and in an unexpected move, Iohannis asked USR politician Dacian Cioloș on 11 October to form a government rather than appoint a candidate from PNL’s main political rival, the social democratic party PSD. [Balkan Insight]

Cioloș, a former EU Commissioner and ex-chair of the Renew Europe group, was unsuccessful in gathering enough political support for his cabinet to meet parliamentary approval in the following days. As a result, the Romanian president sought the help of retired defence minister and PNL-nominee Nicolae Ciucă to build a centrist coalition of parties. [Euronews]

Ciucă was also unable to bring together enough support for a minority cabinet in late October, even though he was as a more suitable government leader by other parties such as the USR and PSD. [Euractiv] However, the social democrats ruled out the possibility of lending support to a Ciucă-led minority government, despite signs of a ‘political truce’ during the ongoing pandemic and gas supply crisis. [Euractiv]

President Iohannis is expected to nominate a new person to form a government in early November.

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Serbia: Venice Commission cautiously welcomes draft constitutional amendments

Draft amendments to Serbia’s constitution, dating from 2006, were welcomed by the Venice Commission for drafters’ attempts to bring them in line with international judiciary standards.

While the Council of Europe’s advisory body on democracy and constitutional law commended changes that would strengthen the independence of judges and prosecutors, the commission said that the constitutional reform process should involve the parliamentary opposition.

The opinion stated that “in the context of the current Serbian political landscape – with a one-party majority in the National Assembly and the absence of the parliamentary opposition – there is a strong need to adopt an inclusive approach” to ensure the legitimacy of the reform process. [Council of Europe]

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Turkey: Opposition parties unite in bid to defeat Erdoğan in elections

Six Turkish opposition parties have confirmed they will closely cooperate in the run-up to the next parliamentary elections, due in 2023, aiming to defeat President Recep Tayyip Erdoğan and his Justice and Development Party (AKP).

The six-member opposition bloc includes larger parties such as including the Republican People's Party (CHP) and the Good Party (IP) as well as smaller parties formed around politicians who previously served under Erdoğan. If successful, the coalition may prevent the AKP and its far-right ally, the Nationalist Movement Party (MHP), from ruling after the next elections due in 2023. [Reuters] [Ahval]

Erdoğan lost control of Istanbul and Ankara in the municipal elections of 2019, after a similar alliance between opposition parties CHP and IP. [Foreign Policy] A fraught relationship between the Turkish government and the opposition-held city of Istanbul erupted into a violent standoff between the municipality and the police on 6 October. [Al-Monitor]

Turkey has been criticised for its poor handling of an economic downturn while pushing for social media restrictions and cracking down on activists and critics of the government. [Politico Europe] [Bloomberg] [NPR] Several prosecutors and judges have refused to deal with complaints about threats made against human rights activists on social media. [SCF]

Europe’s leading human rights court ruled on 19 October that Turkey should amend a law that allows the prosecution of people who insult the president. The Strasbourg-based European Court of Human Rights (ECHR) said that any prosecution of such acts is “incompatible with freedom of expression.” To date, over 12,000 people have been convicted under the law. [Reuters]

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Turkey: Parliament extends troop deployment in Syria, Iraq; gives Erdogan power to send troops to Africa

The Turkish parliament has ratified an extension of the country’s troop deployment for cross-border operations in Syria and Iraq for the next two years.

The governing Justice and Development Party (AKP) together with its ally the Nationalist Movement Party (MHP) as well as the Good Party (IP) voted on 26 October for the deployment, while other opposition parties including the Republican People's Party (CHP) and the Peoples' Democratic Party (HDP) voted against the motion. The new bill extends the operations until 20 October 2023. [Daily Sabah]

The lawmakers also approved a presidential motion to send Turkish troops to African nations such as Mali and the Central African Republic as part of United Nation peacekeeping missions. The number of troops as well as when they leave will depend on the president. 

This decision comes as Turkey is finding new markets for its defence industry. Currently, there are bilateral agreements with Tanzania, Sudan, Uganda, Benin and Côte d’Ivoire to cooperate in industrial production and procurement and maintenance of military and defence equipment as well as technical and logistical support, information sharing and research in the field.

Tunisia has a contract with Turkey worth USD 80 million to buy three unmanned aerial vehicles. [Nordic Monitor] Ankara has also concluded deals with Ethiopia and Morocco for the sale of armed drones. [Reuters]

A recent four-day visit by Turkish President Recep Tayyip Erdoğan to Africa put Ankara's policy on the continent under the spotlight again, as Turkey positions itself as an alternative ally for African countries.

The visit was part of a bid by Turkey to break the economic hegemony of former colonial powers such as France, to discuss military and security cooperation and to counter the rising influence of China on the African continent. [RFI] [Hürriyet]

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Turkey: Lawmakers ratify Paris climate deal but as ‘developing nation’

Turkey backed the Paris climate agreement on 7 October, making it the last G20 country to do so. However, Turkish lawmakers said that they are supporting the agreement as a developing rather than an industrialised nation. The country will do so as long as it does not “harm [Turkey’s] right to economic and social development.” [CNN]

The ratification came after the Turkish government was offered a guarantee of financial support in talks with France, Germany, the United Kingdom and two development banks. The financial support aims to help Turkey reduce its carbon emissions. While the UK was involved in the talks, it is not a signatory of the deal.

The International Finance Corporation (IFC) said it was “glad to support Turkey as Turkey has chosen to ratify the Paris agreement, but it is not correct that IFC funds have been pledged toward this end.” [Politico Europe]

Turkey is currently committed to reducing its increase in emissions by 21 percent by 2030 as part of a plan it submitted to the UN Secretariat in 2015, though now it will have to update its national climate action plan to cut emissions and adapt it to climate impacts as per the Paris agreement. The government has also announced it will achieve net-zero carbon emissions by 2053. [Anadolu Agency]

Turkish President Recep Tayyip Erdoğan is set to attend the COP26 Climate Summit in Glasgow, along with other world leaders. [Reuters]

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