Academic Preparation Kit

Academic Preparation Kit

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Topic Overviews were written by the Chair’s Team of 13th National Selection Conference of EYP Poland President: Fahad Saher (NL) Vice Presidents: Armine Khamoyan (AM) Charlotta Lahnalahti (FI) Chairs: Aleksander Larski (PL) María Gil (ES) Razvan Lacatusu (RO) Shirley Carr (IE) Jacopo Moretti (IT) Pablo López (ES) Henriikka Hakala (FI) Giedre Birmontaite (LT) Hidde Fokkema (NL) Juho Nikko (FI/PL) Lay-out and design: Endre Haugland (NO/DK) Annemari Sepp (EE) Logo designed by: Maciej Kuczyński (PL) All photos are taken from pexels.com and are under CC0 licence.

The 13th National Selection Conference of EYP Poland is organised by EYP Poland.

Head Organisers: Alicja Turakiewicz (PL) Marta Sznajder (PL)

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TABLE OF CONTENTS 4 6

Welcome from the President and Editor - Kraków 2016 The fundamentals of the EU

Sustainable Governance

13 The Committee on Constitutional Affairs (AFCO) 17 The Committee on Industry, Research and Energy I (ITRE I) 21 The Committee on Legal Affairs (JURI) 25 The Committee on Security and Defence (SEDE) Tomorrow’s Europe

30 The Committee on Economic and Monetary Affairs (ECON) 34 The Committee on Environment, Public Health and Food Safety II (ENVI II) 38 The Committee on Industry, Research and Energy II (ITRE II) Equality through Solidarity

43 The Committee on Culture and Education (CULT) 47 The Committee on Human Rights (DROI) 51 The Committee on Environment, Public Health and Food Safety I (ENVI I)

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WELCOME FROM THE PRESIDENT AND EDITOR KRAKÓW 2016 Dear participants of Kraków 2016,

EU’s role in the world: What gets you thinking? What would you change? Trust that the things you have With this Academic Preparation Kit and the found to be important are important. Call upon committee you have chosen, the Chairs’ and your intellectual curiosity, self-motivation and Media Team of Kraków 2016 aim to empower you determination to face a multitude of challenges to research further and ultimately synthesise your that will shape the future of our continent. own informed opinion under the theme “Shaping Ideas for Tomorrow’s Europe”.

Everyone involved has worked passionately on making this as accessible as possible to you, and At the session, you will be discussing and debating will continue to do so in the future. We are certain some of the most pressing issues of our time. None that you will use the cooperative approach we have of the topics have easy answers, and your task taken to this session as an incentive to go all the will be challenging. Sufficient preparation for the way with our work. Many have been down the road discussions is therefore crucial. To understand the you are about to embark on and have accepted complexity of today’s issues, you have to be able to the challenge of the unknown. Participants of see the bigger picture.

Kraków 2016, seize that opportunity and challenge yourself beyond any imposed limitations.

Your committee Chairpersons and Media Team Members have prepared this Academic Preparation It is with immense pleasure and the deepest pride Kit to assist you in your preparation. You will find that we get to embark upon this journey as a joint a so-called Topic Overview for your committee. The venture with all of you, and we cannot wait to get to overviews aim to explain the relevance of each know you in person. committee topic and cover the most basic terms and facts you will be using in Kraków.

On behalf of the Chairs’ Team and the Media Team

of the session: We have aimed to structure the overviews so that Alek, Armine, Charlotta, Giedrė, Henriikka, Hidde, the information is easily accessible. Each overview Jacopo, Juho, María, Pablo, Razvan & Shirley, covers the following areas: an Executive Summary Annemari, Martyna, Anna, Ans, Camilla, Elina, of the topic; Why does the topic matter?; Who are in Florian, Jan, Maciej, Matteo, Oskar &Tomas, play?; What has already been tried?; What are the core conflicts?; What is the legislative background?; and Now then?

Truly yours, Be it a specific conflict in your topic, the exact workings of an intriguing institution relevant to it, or pondering upon how your topic relates to the

Fahad Saher and Endre Haugland, President and Editor of Kraków 2016 – the 13th National Selection Conference of EYP Poland

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The EU Guide

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THE FUNDAMENTALS OF THE EU This section will provide an insight into the aims, processes and rules of governance of the European Union. The following videos introduce key aspects of EU procedural mechanisms and provide fundamental information in many of the current topics on the EU agenda.

The European Union in brief At the core of the EU are the Member States — the 28 countries that belong to the Union — and their citizens. The unique feature of the EU is that, although these are all sovereign, independent countries, they have pooled some of their ‘sovereignty’ in order to gain strength and the benefits of size. Pooling sovereignty means, in practice, that the Member States delegate some of their decision-making powers to the shared institutions they have created, so that decisions on specific matters of joint interest can be made democratically at European level. The EU thus sits between the fully federal system found in the United States and the loose, intergovernmental cooperation system seen in the United Nations.

The European Council Setting the strategy

ROLE: Defines political direction and priorities MEMBERS: Heads of State or government from each Member State, the President of the European Council and the President of the European Commission

The European Council brings together the EU’s top political leaders, i.e. Prime Ministers and Presidents along with its President and the President of the Commission. They meet at least four times a year to give the EU as a whole general political direction and priorities. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in the meetings.

What the European Council does As a summit meeting of the Heads of State or Government of all the EU countries, the European Council represents the highest level of political cooperation between the Member States. At their meetings, the leaders decide by consensus on the overall direction and priorities of the Union, and provide the necessary impetus for its development.

The European Council does not adopt legislation.

At the end of each meeting it issues ‘conclusions’, which reflect the main messages resulting from the discussions and take stock of the decisions taken, also as regards their follow-up. The conclusions identify major issues to be dealt with by the Council, i.e. the meetings of ministers. They may also invite the European Commission to come forward with proposals addressing a particular challenge or opportunity facing the Union.

European Council meetings as a rule take place at least twice every six months. Additional (extraordinary or informal) meetings may be called to address urgent issues in need of decisions at the highest level, for example in economic affairs or foreign policy.

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INSTITUTIONAL DESIGN OF THE EUROPEAN UNION

8 How the European Council takes its decisions The European Council takes most of its decisions by consensus. In a number of cases, however, qualified majority applies, such as the election of its President, and the appointment of the Commission and of the High Representative for Foreign Affairs and Security Policy. Then the European Council decides by vote, only the Heads of State or Government may cast a vote.

The European Parliament

The voice of the people

ROLE: Directly elected legislative arm of the EU MEMBERS: 751 Members of the European Parliament The Parliament has three main roles.

1. It shares with the Council the power to legislate — to pass laws. The fact that it is a directly elected body helps guarantee the democratic legitimacy of European law.

2. It exercises democratic supervision over all EU institutions, and in particular the Commission. It has the power to approve or reject the nomination of the President of the Commission and Commissioners, and the right to censure the Commission as a whole.

3. It shares authority with the Council over the EU budget and can therefore influence EU spending. At the end of the budget procedure, it adopts or rejects the budget in its entirety.

The European Commission

Promoting the common interest

HOW IT WORKS: EUROPEAN PARLIAMENT European Parliament explained: who its Members are, how their work is organised, what powers they yield and the impact of all this on the daily life of Europeans.

ROLE: Executive arm of the EU that proposes laws, polices agreements and promotes the Union MEMBERS: College of Commissioners, one from each Member State The Commission is the politically independent institution that represents and upholds the interests of the EU as a whole. In many areas it is the driving force within the EU’s institutional system: it proposes legislation, policies and programmes of action and is responsible for implementing the decisions of the European Parliament and the Council. It also represents the Union to the outside world with the exception of the common foreign and security policy.

What is the Commission?

The term ‘Commission’ is used in two senses. Firstly, it refers to the ‘Members of the Commission’ — i.e. the team of men and women appointed by the Member States and Parliament to run the institution and take its decisions. Secondly, the term ‘Commission’ refers to the institution itself and to its staff. Informally, the Members of the Commission are known as ‘Commissioners’. They have all held political positions and many have been government ministers, but as members of the Commission they are committed to acting in the interests of the Union as a whole and not taking instructions from national governments.

The Commission has several Vice-Presidents, one of whom is also the High Representative for Foreign Affairs and Security Policy and thus has a foot in both the Council and the Commission camps. The

9 Commission remains politically answerable to Parliament, which has the power to dismiss it by adopting a motion of censure. The Commission attends all the sessions of Parliament, where it must clarify and justify its policies. It also replies regularly to written and oral questions posed by Members of Parliament.

The ministers who attend these meetings have the authority to commit their government to the actions agreed in the Council meetings.

What the Council does The Council is an essential EU decision-maker. Its work is carried out in Council meetings that are attended by one minister from each of the EU’s naWhat the Commission does tional governments. The purpose of these gatherThe European Commission has four main roles: ings is to: discuss, agree, amend and, finally, adopt 1. to propose legislation to Parliament and the legislation; coordinate the Member States’ policies; Council; or define the EU’s foreign policy. Which ministers 2. to manage and implement EU policies and attend which Council meeting depends on the subthe budget; jects on the agenda — this is known as the ‘config3. to enforce European law (jointly with the uration’ of the Council. If, for example, the Council Court of Justice); is to discuss environmental issues, the meeting will 4. to represent the Union around the world. be attended by the environment minister from each EU Member State and is known as the ‘Environment Council’; likewise, for the ‘Economic and Financial The Council of Ministers Affairs Council’ or the ‘Competitiveness Council’, The voice of the Member States and so on.

ROLE: Deciding on policies and adopting legislation MEMBERS: One minister from each Member State

The Presidency of the Council rotates between the Member States every six months. It is not the same as the President of the European Council. The responsibility of the government holding the Presidency is to organise and chair the different Council meetings. By way of exception, the Foreign Affairs Council is chaired by the High Representative for Foreign Affairs and Security Policy, who carries out

In the Council, ministers of EU Member States meet to discuss EU matters, take decisions and pass laws.

THE EU INSTITUTIONS EXPLAINED BY THEIR FORMER PRESIDENTS

A view from the inside: the former Presidents of the main European Union institutions share their views on how the EU actually works. Who does what? What’s specific to each institution? What is the role of the President? How do they see Europe’s future?

10 foreign policy on behalf of the Council.

In the interest of continuity of Council business, the six-monthly Presidencies work together closely in groups of three. These three-Presidency teams (‘trios’) draw up a joint programme of Council work over an 18-month period.

Law-making in the European Union

Does the EU pass laws? Not exactly! The sources of EU law can be divided into two groups: the primary source of Union law and secondary source of Union law, with the primary law ranking above the secondary. Therefore, secondary law can only be effective as long as it is consistent with the primary law. The differentiation between primary and secondary law is especially important in the process of law-making: While secondary law is enacted by the EU institutions, the enactment or amendment of primary law is solely within competence of the Member States.

Regulations have to be strictly adhered to in all Member States and leave no room for adjustments during the implementation process.

Directives provide a framework and give a certain policy direction, leaving the states with more flexibility and room for adjustments.

Decisions always address certain recipients and are only valid for those specific countries/people/ institutions.

Recommendations and Opinions are not formally valid.

The European legislative procedure lasts a bit longer than on a national level. The EC has the exclusive Right to Initiative, the Council and the EP decide if the proposal becomes a legal act after having discussed relevant details. General policy guidelines and statements, especially from the EP, are formulated in Resolutions. They can entail instructions for future procedures as well as regulations, which are formally valid in the Member States. Legal acts passed by the EP and the Council only enter into force after the respective national governments have introduced and implemented it within their national laws.

Primary sources of EU law include all founding treaties of the European Union, all later EU treaties (i.e. Treaty of Maastricht and the latest Treaty of Lisbon), as well as all accession treaties and the Mixed competences by policy area Charter of Fundamental Rights of the EU. What decisions are taken?

The EU has the following secondary legal options to legislate: Regulations, Directives, Decisions, The treaties list the policy areas in which the EU can take decisions. In some policy areas, the EU has exRecommendations and Opinions:

HOW IT WORKS: TRILOGUE

HOW IT WORKS: EUROPEAN LAWS

Why do MEPs increasingly often negotiate with the states behind closed doors before even voting in plenary? A look at the how(s) and why(s) of trilogues.

This animated video guides the viewer through the Ordinary Legislative Procedure and highlights the procedures that lead to the adoption of a new piece of legislation.

The animated guide also clearly distinguishes the areas of jurisdiction of all the institutions included in the EU legislative procedure.

11 clusive competence, which means that decisions in many policy areas, such as the internal market, are taken at EU level by the Member States meeting agriculture, the environment, consumer protection in the Council and the European Parliament. and transport.

These policy areas cover customs, competition rules, monetary policy for the Euro Area and the conservation of fish and trade. In other policy areas, there is shared competence between the Union and the Member States. This means that if legislation is passed at EU level, then these laws have priority. However, if no legislation is adopted at EU level, then the individual Member States may legislate at national level. Shared competence applies

In all other policy areas, the decisions remain with the Member States. Thus, if a policy area is not cited in a treaty, the Commission cannot propose a law in that area. However, in some fields, such as the space sector, education, culture and tourism, the Union can support Member States’ efforts. And in others, such as overseas aid and scientific research, the EU can carry out parallel activities, such as humanitarian aid programmes.

MIXED COMPETENCES BY POLICY AREAS SHARED EXCLUSIVE

EXCLUSIVE IF EU HAS POLICY

NON EXCLUSIVE

SUPPORTIVE

Customs union

Internal market

Research and Development

Most Human health policies

Eurozone monetary policy

Certain social policy

Outer space policy

Industry

Development cooperation

Culture

Conservation of marine resources Common commercial policy

Cohesion policy Agriculture and fisheries Environment Consumer protection Transport Energy

Humanitarian aid

Tourism Industry Education and training Civil protection and disaster prevention Administrative cooperation Coordination of economic, employment and social policies

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Sustainable Governance

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THE COMMITTEE ON CONSTITUTIONAL AFFAIRS (AFCO) The end of an “ever closer Union”? With the UK’s impending exit from the European Union raising the profile of similar campaigns in other Member States to either leave or redefine their own membership, how can the EU best protect cooperation between its members and the dream of the European Union?

Written by Giedrė Birmontaitė; Video by Camilla Hatling Things must change — yes, but we must not change affects every single citizen on a daily basis probathe essentials. And the essentials are that Europe bly even more than one imagines. The advantages must continue to be project for peace, a project for of the European Union are clear: the Single Market2 the future. That is my promise to this Assembly. – Jean-Claude Juncker1

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52% VOTED TO LEAVE, WHEREAS 48% WANTED TO REMAIN IN THE EU

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EXECUTIVE SUMMARY In the aftermath of the UK’s decision to leave the EU, the future of the Union is left uncertain. Pound Sterling plummeting down and dragging the Euro with it, resigning high rank politicians, discontent of the young, questionable future of Scotland, Northern Ireland and the whole Europe – these are only few consequences of the Brexit referendum. This issue has many different stakeholders and layers and all must be taken into account when the long and tiring divorce will be negotiating. The EU is now at an essential crossroads and the decisions made will redefine the modern Europe and the world as we know it.

greatly benefits consumers and producers, the free movement of people creates better circumstances for workers to find jobs and for employers to hire, countless financial mechanisms foster the growth of many regions in need and the common voice allows to tackle pan European issues more effectively.

However, to enjoy the benefits, Member States are bound to forgo some of their rights. Loss of exclusive decision making on major issues such as immigra-

1. WHY DOES THIS MATTER? A Union of 28 countries and over 500 million citizens ensures the free movement of people, goods, services and capital almost all over Europe. The EU 2 1

Speech by President Jean-Claude Juncker to the plenary session of the European Parliament on the result of the referendum in the United Kingdom.

A single market type of trade bloc involving more than one nation based on a mutual agreement to permit the free movement of capital, labor, goods and services. A single market can also require the coordination of various social, fiscal and monetary policies among participating nations.

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WATCH THE VIDEO:

tion and a financial commitment for some Member States reaching billions a year, is creating tension in the region. Further, the terrorist attacks on major European cities, uncontrollable influx of refugees and economic instabilities only fuel the anti-European movements. Wanting to take back the sole decision making power to their elected parliament was one of the main reasons as to why the Britons on the evening of 23rd of June closed the polls and the next day woke up to the result: 52% voted to leave, whereas 48% wanted to remain in the EU. This referendum was far from being only about the UK. Just one event can start an all-changing domino effect and create an unprecedented geopolitical shift in modern history. Hours after the result was announced, similar movements were starting up all around the Europe. It will take some time to fully grasp the results of Brexit, but now only one thing is clear – within next few years the UK will no longer be a Member State of the European Union.

2. WHO ARE IN PLAY? A key stakeholder in this issue is the EU and its Member States, especially the UK. It will be up to the EU and 27 other Member states to negotiate the the terms of UK’s exit of the Union. Moreover, the UK being not a single entity but rather compiled from England, Scotland, Northern Ireland and Wales, will have to set a position that would satisfy all.

Which will not be an easy task taking into account the Scottish independence referendum in 2014 and Brexit results where all 32 Council areas of Scotland voted to remain in the EU. Furthermore, exiting the EU will mean applying for a separate seat at key international institutions, thus it is not only with the EU that UK will have to form new ties. The road to exit from the EU can be seen on next page.

easy, because if other countries would follow the example of UK and exit, it could mean the end of the Union as we know it. On the other side there is a leave-campaign that has made some serious promises to 50 million citizens and is responsible for the future of a European financial centre and one of the largest economies in the world. Both sides have a lot at stake and reaching a compromise will be a difficult task. Also, one should not forget – Europe needs to stay strong in order to ensure the safety of the people. Hence, taking all this into account, what should be the key points of the new EU-UK deal?

After the Brexit, Europe will have to choose its further path. Two main scenarios are – moving to more integrated Union, possibly a Federal Europe or United Nations of Europe or the opposite – taking a step back and bringing back all the decision making to individual states. Sticking to the stats-quo and continuing like nothing happened is also a possibility, but taking into account the discontent with current situation – it is an unlikely one.

3. WHAT HAS ALREADY BEEN TRIED? The amending of EU treaties to state explicitly that references to the requirement to seek ever-closer union “do not apply to the United Kingdom”, meaning Britain “can never be forced into political integration” and some changes in immigration policy. As we can now see, the UK has always been, to some extent, slowing the integration of the EU, is it possible that with Brexit this process will become more rapid?

The UK is just one example, there are much more tension between the Member States and the EU over the decision making power. With every treaty the exclusive competences of the EU have expandOverall, the negotiations are looking to be long ed from what once once a purely economic organiand laborious. The EU officials will not back down sation to a Union that has a say in almost all aspects

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16 of a country and might begin to threaten countries’ jor trade agreements, namely the European Ecosovereignty. How should these scales of decision nomic Area and the European Free Trade Associamaking be balanced? tion. However, in the House of Commons Foreign Affairs Committee research paper, which examined 4. WHAT ARE THE CORE CONFLICTS? the UK’s relationship with the EU and possibilities There are more Member States in which the Euros- of Brexit the committee, argues against these opceptic movements are beginning to flourish. People tions: “In both cases, the non-EU country is obliged to are discontent with the current state of the Union adopt some or all of the body of EU Single Market law and the inability to tackle major problems. Actions with no effective power to shape it. If it is in the UK’s on the EU side needs to be taken in order to ensure interest to remain in the Single Market, the UK should the future of the European project. How will this ge- either remain in the EU, or launch an effort for radical opolitical shock change the Union? Will it choose institutional change in Europe to give decision-makless integration or will slowly move towards a feder- ing rights in the Single Market to all its participating ation? Maybe everything will stay the same? states”.

Analysing the issue of further EU integration two opposite pillars can be seen. For example, reacting to the recent terrorist attacks Jean-Claude Juncker, President of the European Commission, has called for the formation of a European security union3, emphasising the need for a common response.

While on another matter – refugee crisis – the Europe is visibly divided and some Member States are calling for less integration and the ability to have exclusive decision making on the issue. The true diversity of opinions can be seen analysing the current troubling economic situation. Some are explaining it as the result of too much integration and dependency on others, while others say that the monetary union is not enough – more common policies are needed, meaning a fiscal union, in order to solve the economic issues of the region. Seeing how Europe is divided on so many issues, how can we tackle them and what changes to the governance of the EU needs to be made? If moving towards less integration would be chosen, how would it affect the collaborative work in many fields?

5. WHAT IS THE LEGISLATIVE BACKGROUND? Withdrawal from the European Union is a right of EU Member States under the Treaty on European Union (Article 50): “Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.” Once the article is activated, the process lasts up to 2 years – that is all the time there is to negotiate new agreements before the old ones expire. The negotiations will take place in accordance with Article 218(3) of the Treaty on the Functioning of the European Union (TFEU).

Prior to the vote, the UK was committed to two ma3

Retrieved from: http://www.politico.eu/article/jeanclaude-juncker-eu-needs-a-security-union-brussels-attacks/

At this point the future of the UK’s trade agreements and other treaties is left uncertain. After the Article 50 is invoked the UK will be to start and negotiate its own trade agreements with non-Member States.

6. NOW THEN? The next few years will be the defining ones for the EU. Many issues need to be taken into account as many stakeholders are in play. The core of the European Union might be redefined and treaties amended. Many questions will have to be answered. Will the European project survive? What changes can be expected for the Union? How will the Brexit affect the future of the region? Should the competences of the EU be refined? How can the cooperation and collaborate issue tackling be protected?

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented • House of Commons Foreign Affairs Committee’s research paper on Leaving the EU published in 2013 • Alexander Betts: Why Brexit happened -- and what to do next (June 2016): • Paper: “Does the EU’s decision-making challenge member states’ sovereignty?”

• Article: EU considers temporarily exempting UK from freedom of movement rules.

• UCL European Community article: Brexit: The mother of all uncertainties.

• UCL European Community article: Exit plan: how Scotland and Northern Ireland can remain in the EU.

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THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY I (ITRE I) The State of the Energy Union: The recent inauguration of LitPol and Nordbalt marked an important milestone in integrating the Baltic countries and Poland with the rest of the European electricity market. What further steps should the EU take to increase the number of such energy security interconnections while provide citizens with energy that is sustainable and competitive?

Written by Henriikka Hakala; Video by Maciej Maj THE EXECUTIVE SUMMARY Ever since the gas disputes between Ukraine because foreign energy supplies are vulnerable to and Russia started in 2009, the EU has actively disruptions. Energy isolation and high degree of been seeking ways to increase its security of energy supply. One of the most important tools it is using to combat the issue is a measure called Projects of Common Interest (PCIs). PCIs solve the issue of so-called energy islands, however, they are not an efficient tool per se to tackle import dependency.

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In order to ensure self-sufficient energy production in the EU, new forms of energy need to be found and existing low-carbon technology developed while keeping in mind the environmental goals of the Energy Union. The EU aims at providing citizens with sustainable and competitive energy. How can that goal be achieved? In what ways can the EU best take advantage of the PCIs and increase the number of interconnections more efficiently?

THE EU IMPORTS 53% OF ALL THE ENERGY IT CONSUMES

exposure to possible disruptions of gas supplies are problematic not only for the countries themselves, but also for the EU in terms of a common European 1. WHY DOES THIS MATTER? The EU imports 53% of all the energy it consumes, energy market. Ensuring availability of infrastructure its import dependency being particularly high for to cope with serious supply disruptions makes crude oil (90%) and natural gas (66%).1 Such energy Europe a safer place to live for citizens and on the dependency puts the EU and its citizens at risk other hand, more attractive for firms and investors.

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European Commission, (2016), Imports and Secure Supplies, European Commission Home Page.

18 2. WHO ARE IN PLAY?2

EUROPEAN COMMISSION

EUROPEAN PARLIAMENT

MEMBER STATES

ITRE ENERGY SERVICE COMPANIES

ENERGY PROVIDERS

3. WHAT HAS ALREADY BEEN TRIED? The most remarkable way through which the EU seeks to end energy isolation of Baltic States, Bulgaria, Finland, Iberian Peninsula and other regions, is a measure called Projects of Common Interest (PCIs). They are energy infrastructure projects that can benefit for increased visibility to investors and lower administrative costs. Approximately 75% of the 195 PCIs are expected to be completed by 2020.

As for funding the development of new energy transmission infrastructures, the Connecting Europe Facility (CEF) supports, among other things, interconnected trans-European networks in the field of energy. It offers grants and financial support and what is more, its financial instruments act as a catalyst to attract further funding from private sector investors.

Another important measure in place is the Investment Plan that has the potential to add EUR 330 – 440 billion to the EU’s GDP. Its aim is to remove obstacles to investment. At the heart of the Investment Plan there is the European Fund for Strategic Investments (EFSI) which has been integrated into the European Investment Bank Group.

27% of EFSI investment is allocated for Research & Innovation (R&I), 22% for energy and 5% for envi2

European Commission; European Parliament; Committee on Industry, Research and Energy; Energy Service Companies (ESCOs)

PUBLIC AND PRIVATE INVESTORS

ronment and resource efficiency.3 Lastly, there are measures in place that are related to different targets the EU sets in order to monitor progress in the field of combatting climate change.

The most important one of them is the 10% electricity interconnection target. An interconnected energy grid is a prerequisite for ensuring energy security and for better achieving the decarbonisation and climate policy targets.

4. WHAT ARE THE CORE CONFLICTS? Maximising alternative supplies quickly became seen as the ultimate solution to EU’s energy dependency after the gas disputes between Russia and Ukraine started. Ever since the EU has sought to decrease its energy dependency and energy imports that account for more than EUR 1 billion per day4. Despite the introduction of different action plans, the EU still imports over 50% of the energy it consumes. The key question the Committee on Industry, Research and Energy therefore needs to address is how the EU can deliver.

Another issue at hand is the isolation of electricity islands. There are a number of Member States, such as Poland, Portugal and Spain, whose level of interconnection for electricity is 3

European Investment Bank, (2016), EFSI Dashboard, European Investment Bank Home Page.

4 European Commission, (2016), Energy Security Strategy, European Commission Home Page.

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below the 10% target.5 What is more, the Commission acknowledges the target itself is insufficient in the long run.6 Europe’s energy vision for 2030 is based on a 27% share of renewable energy7, which in turn, requires more than 10% interconnection capacity. According to the Commission, the Member States should rather be guided by a 15% target.

When it comes to other areas where investment is needed, research and innovation (R&I) is among the most important ones. R&I is the key to finding new forms of renewable energy sources and to developing the existing low-carbon technology. The problem the EU faces is the lack of incentives to invest, however, unlocking investments is a prerequisite for achieving the objectives of the Energy At the same time, differences between Member Union, such as emission reduction and energy effiStates remain in terms of geographic location and ciency. The question remaining is: how can the EU structure of energy mix, which poses a challenge best take advantage of its Investment Plan in order when it comes to inauguration of new interconnec- to support innovation and furthermore, provide cittions. The most significant obstacle is the cost of izens with sustainable energy? fully integrating the EU electricity market. Before users are being able to save up to EUR 40 billion a On a final note, energy costs and their impact on year by 2030, Member States need to invest EUR Europe’s industrial competitiveness is an issue to 150 billion to interconnect their national grids.8 For be addressed. While making progress towards comcross-border interconnections alone, EUR 35 bil- pleting the Energy Union, the EU has to ensure its lion9 will be needed. external competitiveness10. The growing competitive pressure from emerging economies, the slow 5 European Union, (2015), Communication from the recovery from the Euro crisis and the recent “shale Commission, EUR-Lex. gas revolution” in the United States are a few exam6 European Union, (2015), Communication from the ples on factors that are currently negatively affectCommission, EUR-Lex. ing EU’s competitiveness.

7 European Union, (2015), Communication from the Commission, EUR-Lex. 8 European Parliament, (2015), Electricity: MEPs Urge All EU Countries to Interconnect Their National Grids, European Parliament Newsroom.

9 Crisp, J. (2015), EU Moves to Improve Energy Union Interconnections, EurActiv.com.

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European Commission, (2016), European Competitiveness Report, European Commission DocsRoom, p. 185.

20 5. WHAT IS THE LEGISLATIVE BACKGROUND? A Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy ENERGY UNION

Energy Security Strategy 2030 Energy and Climate Framework

ENERGY AS A POLICY AREA

Falls under the shared competence between the EU and the Member States Art. 194 TFEU states where the EU’s energy policy aims at

OTHER

Competition rules State aid rules

6. NOW THEN? With the help of the topic overview and the links provided below, it is time to start your own research process! Try to think of answers to the following questions: • • •

• •

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented

• Video by the Commission: Energy Union explained What is preventing Member States from inter- • Fact Sheet: The Investment Plan for Europe: connecting their national grids faster?

Questions and Answers Which measures have not been introduced yet • European Commission: Infrastructure – Conthat would increase the interconnectivity? necting Energy Markets and Regions How would you secure the gas supply to the so- • Communication from the Commission: Updatcalled energy islands of Europe in case of a gas ed Roadmap for the Energy Union dispute, provided that all the planned intercon- • Motion for a European Parliament Resolution nections have not been inaugurated? on Towards a Energy Union How would you ensure sustainability of the en- • Europe’s Vulnerability on Russian Gas ergy production?

• Completion of NordBalt and LitPol Closes the What should the EU do differently in order to Baltic Ring boost the competitiveness of its energy sector? • Eurostat: Energy Production and Imports • International Energy Agency: Natural Gas Information, 2016 Preliminary Edition

WATCH THE VIDEO:

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THE COMMITTEE ON LEGAL AFFAIRS (JURI) Fundamentally free or lawfully limited? In January 2016, Poland became the first Member State to be subjected to the Rule of Law Framework due to concerns over its new laws on the Constitutional Tribunal and public media.

However, sanctions through the framework are unlikely, as they would require unanimity from all Member States. How can the EU protect its core values effectively, whilst respecting Member States’ sovereignty?

Written by Juho Nikko; Video by Tomas Pacovsky

When Poland became the first EU country to be subjected to the Rule of Law Framework, discussion erupted all around Europe. Poland – the EU’s former poster child – was suddenly in conflict with the European Commission. The Rule of Law Framework is the first step on a road which could theoretically result in Poland losing its right to vote in the European Council.

One of the reasons is that activating Article 7 depends purely on the political will of Member States. The Court of Justice of the European Union has no role in determining a breach of the common values. Member States are disinclined to invoke the Article due to the political risks involved. Moreover, sanctions require unanimity, so they can be easily blocked by just one Member State. With this in mind, how can the EU’s common values be effectively enforced?

“ BUT WHAT HAPPENS IF COUNTRIES ALREADY IN THE EU FAIL TO RESPECT DEMOCRATIC STANDARDS?

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THE EXECUTIVE SUMMARY The EU is based on the common values of democracy, human rights and rule of law. To protect these values, the Treaty on European Union includes the so-called Article 7, which allows the EU to impose sanctions on a Member State if necessary. However, the Article has never been enforced during its 17 years of existence, earning it the nickname “the nuclear option”.

22 1. WHY DOES THIS MATTER? The EU is a politico-economic union with common policies in areas such as trade, freedom of movement and border control. Besides these practical domains, all EU countries have pledged to something more profound: the common fundamental values of the EU laid down in Article 2 of the Treaty on European Union (TEU). Specifically, the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Particularly important is the rule of law1, without which the others cannot exist.

• Experts used by EU institutions: Fundamental Rights Agency, the Venice Commission • NGOs acting as independent watchdogs: Helsinki Foundation for Human Rights • The Member State suspected of breaching common values.

• Those affected by the breach of common values: national judiciary, business, normal citizens

3. WHAT IS THE LEGISLATIVE BACKGROUND? The whole topic revolves around respecting the Article 2 of the Treaty on European Union, according to which: “The Union is founded on the values of respect for No law is complete without a way to enforce it and human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including – when necessary – to penalise those breaking it. the rights of persons belonging to minorities. These In the case of common values, the enforcement values are common to the Member States in a society is based on Article 7 TEU and the Rule of Law in which pluralism, non-discrimination, tolerance, Framework. The question is: are these safeguards justice, solidarity and equality between women and working? Is the EU able to address breaches against men prevail.” its common values, including the rule of law? With the rise of populist parties all around Europe, the If the Commission, the guardian of the EU’s treaties, need to ensure the rule of law and protection of sees an emerging systemic threat to the rule of law human rights is greater than ever. in a Member State, it may initiate the Rule of Law Framework, which has three stages: The EU’s common values have been endangered several times: in 2010, when France started expelling 1.

A commission assessment Roma citizens of Romania and Bulgaria back to their The Commission discusses with the Member State home countries; in 2012, when Hungary introduced and external experts, e.g. the Venice Commission, their controversial new constitution; again in 2015 to determine whether a threat actually exists. due to Hungary’s treatment of immigrants; and finally in the turn of 2016, when the new Polish 2.

A commission recommendation government took stronger control of the public If a threat indeed exists and has not been solved by media and introduced a law hampering the work of this stage, the Commission sends an official recomthe Constitutional Tribunal. mendation the Member State on issues that need to be fixed. A deadline is set. On 27 July 2016 PoWhen countries join the EU, they need to fulfil strict land was issued an official recommendation with a requirements in terms of democratic governance three-month deadline. and respect of human rights. But what happens if countries already in the EU fail to respect these 3.

Follow-up of the recommendation standards?

When the deadline expires, the Commission evaluates how the Member State has followed the recom2. WHO ARE IN PLAY? mendation.

• EU institutions: the European Commission, the Council, the European Parliament, The Court of In case the Rule of Law Framework does not solve the threat, the only option left is the Article 7 of the Justice of the European Union Treaty on European Union. It has two parts: 1 There are many definitions for the rule of law, but the general meaning is that no one in society is above the law, not Article 7.1 – the preventive mechanism even the rulers. In the case of Poland, the Commission feared The Council (i.e. Member States’ governments) that Poland’s Constitutional Tribunal would not be able to function properly, in which case it could not check if laws were can determine with a 4/5 majority vote that a clear risk of a serious breach of common values exists. To in line with the constitution. For a more detailed explanation of the rule of law, check for example World Justice Project. do this, the Council must have the consent of the

23 European Parliament. The vote can be asked for by the Commission, the European Parliament or one third of the Member States.

Article 7.2 – the sanction mechanism The Council (i.e. Member States’ governments) can determine with a unanimous vote that a serious and persistent breach of common values is taking place.

To do this, the Council must have the consent of the European Parliament. This vote can be asked for by the Commission or one third of the Member States, but not by the European Parliament.

process called the Rule of Law Framework. The Framework aims at addressing systemic threats2 to the rule of law at an early stage. The benefit of the Framework is that it can be activated independently by the Commission, which makes it less political.

5. WHAT ARE THE CORE CONFLICTS? So why has Article 7 never been applied, despite the fact that the EU’s common values have been at risk on many occasions? One of the reasons is the article’s highly political nature.

Even though the common values are a basic element After this, the Council may decide with a qualified of EU law, Article 7 cannot be activated or even majority to sanction the Member State in question called for by the judiciary. The Court of Justice of the by suspending some of its membership rights, such European Union (CJEU) has no role in determining whether common values have been breached – in as the right to vote. fact, the option of involving CJEU was ruled out by Member States already in the 90’s. Instead, Article 7 lets the Member States decide – in the form of the Council – whether there has been a serious breach or a risk of a serious breach of the common values.

Member States are disinclined to use Article 7 due WHO SHOULD EVALUATE to the political risks involved. EU countries have alliances between each other, meaning that closely WHETHER COMMON VALUES cooperating countries may not want to vote against each other. Some countries may fear that Article HAVE BEEN BREACHED? 7 could later be used against them. In the case of the Roma expulsions of France, the Commission itself was hesitant to start infringement procedures against a major Member State. The risk of sanctions is further diminished by the fact that Article 7.2 requires a unanimous vote, meaning that just one country can stop the sanctions from happening. In 4. WHAT HAS ALREADY BEEN TRIED? the case of Poland, Hungary has already stated that Discussion about enforcing the EU’s common they will not vote against Poland. values by law only started in the 1990’s, when the Union was considering a massive enlargement to Finally, a Member State accused of threatening former Eastern Bloc countries. Certain Member common EU values does not necessarily have to States were afraid that the new members, having agree with the accusations. In Poland’s case, the only recently given up communism, might not government has insisted that no threats towards abide to western rule of law standards. To prevent the rule of law or the freedom of media exist. From this, the first version of Article 7 was introduced the point of view of the governing Law and Justice – in the Treaty of Amsterdam in 1999. A first, it only party (PiS), the Commission is meddling in Poland’s included the sanctioning mechanism, but the internal affairs for no reason. In the worst case, preventive mechanism was added soon afterwards accusing a Member State of breaching common in the Treaty of Nice in 2001. values could have the potential of sparking anti-EU sentiments in the country.

Even after the addition of the softer preventive A systemic threat entails that the country’s mechanism, the threshold for activating Article 2 7 has remained very high, proved by the fact that own legal safeguards, such as the Constitutional it has never been enforced. Therefore, in 2014 the Tribunal in Poland, seem to be unable to tackle Commission introduced a “bumper phase” to the threats to the rule of law.

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6. NOW THEN? The Committee on Legal Affairs is called on to tackle an issue that is becoming more and more actual but at the same time more difficult to solve. Namely: how can the EU’s common values be effectively protected without interfering in Member States’ sovereignty? With the rise of Eurosceptic parties in many European countries, Member States are divided when it comes to increasing the EU’s competences in this field.

The questions to answer are manifold. Who should evaluate whether common values have been breached? Should the EU institutions gain more power, or should the protection of rule of law and human rights by be left to the Member States? Should the activation of Article 7 be made less political? To what extent should unanimity be required? What kind of sanctions for breaking common values would be appropriate? What are the consequences to normal EU citizens, if the rule of law in a Member State becomes threatened?

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented • Politico, Article 7 explained in brief: http://www. politico.eu/article/hungary-eu-news-article-7vote-poland-rule-of-law/ • Politico, Poland’s constitutional crisis by mid-May: http://www.politico.eu/article/ commission-pushes-poland-to-fall-in-lineover-court-fight-law-and-justice -partyeuropean-commission-frans-timmermans/ • Poland and the Rule of Law Framework: the latest turns and background: http://europa.eu/rapid/press-release_IP-162643_en.htm • Wojciech Sadurski, the History of Article 7: http:// papers.ssrn.com/sol3/papers.cfm?abstract_ id=1531393&download=yes • Glòria Budó, the problems with Article 7: http:// www.cidob.org/en/publications/publication_ s e r i e s /d o c u m e n t s _ c i d o b _ n e w _ e ra /e u _ common_values_at_stake_is_article_7_teu_ an_effective_protection_mechanism • Eva-Maria Poptcheva, analysis of different ways to protect rule of law in the EU: http:// www.europarl.europa.eu/RegData/etudes/ BRIE/2015/554167/EPRS_BRI(2015)554167_ EN.pdf

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THE COMMITTEE ON SECURITY AND DEFENCE (SEDE) Towards a Security Union: In light of the recent terrorist attacks witnessed by Paris and Brussels, how should the European Union coordinate the efforts of national security and intelligence agencies in order to protect the citizens of Europe from further atrocities?

Written by Shirley Carr; Video by Anna Khoperia THE EXECUTIVE SUMMARY Even since this topic was written, we have witnessed further atrocities, deadly attacks on the values of freedom, justice and security. Despite ongoing efforts to combat terrorism, a lack of cohesion in the EU’s approach to counter terrorism has been identified as a serious weakness. European Commission President, Jean-Claude Juncker, has highlighted the threat posed by the current divided nature of the European security network “in the area of security, fragmentation is what makes us vulnerable”. Is a European Security Union the optimal way to protect citizens from the threat of terrorism?

1. WHY DOES THIS MATTER? The terrorist attacks in France and Belgium, along with earlier attacks on other European Member States are a violent reminder of the challenges posed to the European ideals of security, justice and peace. Terrorism is not a new phenomenon in Europe. However, the nature of terrorism has changed. The foundation of Daesh, the selfproclaimed Islamic State of Iraq and Syria (ISIS), has greatly increased the threat of terrorism, due to their capacity to recruit nationals of Member States to join Daesh and commit atrocities in their home countries.

One of the founding principles of the EU is freedom of movement, without internal borders for its citizens. This freedom of movement, along with the Schengen Agreement, has the unintended consequence of allowing terrorists operate more easier within our borders.

In response, the European Commission are calling for the establishment of a Security Union.

“The internal security of one Member State is the internal security of all Member States” - Dimitris Avramopoulos, Commissioner for Migration, Home Affairs and Citizenship As the threat of terrorism knows no borders, it must be confronted at both national and international level. Previous commitments to joint European action have not been realised. This continuing lack of unity in Europe’s security network leaves the EU vulnerable.

In a Security Union, police forces in one Member State should have the automatic reflex to share relevant information with colleagues in other Member States, with cooperation in intelligence sharing regarded as standard practice.

26 2. WHO ARE IN PLAY? • European Commission: is the EU’s politically independent executive arm. The Commission proposes legislation to the Parliament and the Council.

• European Parliament and Council: are joint legislators for the EU. • Europol: is the European Union law enforcement agency that handles criminal intelligence. Its aim is to improve the effectiveness and co– operation between the competent authorities of the Member States in preventing and combating all forms of serious international organised crime and terrorism.

• Counter-Terrorism Coordinator (CTC): coordinates the Council’s work to combat terrorism and presents policy recommendations based on the latest analysis of terrorism threats.

• Radicalisation Awareness Network (RAN): is a network of stakeholders such as police and prison authorities, teachers, youth workers, civil society representatives and others who share knowledge and best practice in the area of combatting radicalisation.

• Frontex: manages and co-ordinates protection of the EU’s external borders.

3. WHAT HAS ALREADY BEEN TRIED? I - EU Counter-Terrorism Strategy: is the EU’s main instrument for jointly combatting terrorism and providing the best possible protection for citizens.

II - Information sharing and international cooperation1 have been identified as ‘particularly important’ by the CTC. Currently, the main centralised information systems of the EU are: a - The Schengen Information System (SIS) is the most widely used informationsharing instrument used today. This provides competent national authorities with access to alerts on wanted or missing persons and objects, both inside the Union and at the external borders.2 This system is currently under appraisal to assess if new operational needs require legislative changes; 1

European Council (2015). Retrieved from: http:// www.consilium.europa.eu/en/policies/fight-againstterrorism/foreign-fighters/ 2 European Commission (2015). The European Agenda on Security, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, p. 5.

COUNTERTERRORISM COORDINATOR

EUROPEAN PARLIAMENT EUROPEAN COUNCIL

REDICALISATION AWARENESS NETWORK

EUROPEAN COMMISSION

NATIONAL SECURITY FORCES

MEMBER STATES

EUROPOL

FRONTEX

CIVIL SOCIETY

TERRORIST ORGANISATIONS

27 b - The Visa Information System (VIS) provides data on short stay visas; c - The EURODAC system comprises a fingerprint database of asylum applicants and third country nationals who have crossed the external EU borders irregularly.

SHARED INFORMATION SYSTEMS

Furthermore, the EU Internet Forum was launched in 2015 to bring together governments, Europol and technology and internet companies to counter terrorist content online through providing a platform for the exchange of expert knowledge3.

SCHENGEN INFORMATION SYSTEM (SIS)

III - Established in 2006 by the Commission, the EU Financial Intelligence Platform brings together Financial Intelligence Units (FIUs) from Member States to analyse and identify potential terrorist financing activities. The FIUs have been integrated in the Europol counter terrorism efforts since January 2016.4

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AS THE THREAT OF TERRORISM KNOWS NO BORDERS, IT MUST BE CONFRONTED AT BOTH NATIONAL AND INTERNATIONAL LEVEL.

EURODAC SYSTEM

VISA INFORMATION SYSTEM (VIS)

A security union would involve the implementation of four integrated steps: the establishment of an ‘interoperable by design’ principle for information sharing, the strengthening of resources of the European Counter Terrorism Centre, creation of a functioning digital strategy for combatting radicalisation and finally, enhancing the work of the RAN.

The challenges of realising a cohesive security union are compounded by the current lack of coordination and the mistrust that exists within the EU, with Member States wary of further integration in the areas of security and defence.5 For a true security union to exist, Members would be required to view 4. WHAT ARE THE CORE CONFLICTS? One challenge associated with an EU Security security as a European, as opposed to national, Union is the sensitive nature of the policy areas responsibility. of Security and Defence. Despite legislative involvement by the EU, Security and Defence Furthermore, counter-terrorism measures have the remain principally intergovernmental as potential to infringe upon citizen’s fundamental opposed to supranational. This arises from the rights and freedoms.6 The Charter of Fundamental commonly held idea that defence and security Rights outlines that any limitation on the exercise issues are key elements of a sovereign nation. of fundamental rights and freedoms must “be provided for by law and respect the essence of 3 European Commission (2015). EU Internet Forum: those rights and freedoms. Subject to the principle

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Bringing together governments, Europol and technology companies to counter terrorist content and hate speech online, press release IP/15/6243.

4 Europol (2016). Europol joins forces with EU FIUs to fight terrorist financing and money laundering, press release 28/1/16.

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Stratfor (2016) The European Union is not a Security Union published 25/5/16 6 European Union Agency for Fundamental Rights (2015) Surveillance by intelligence services: fundamental rights safeguards and remedies in the EU p. 10

28 6. NOW THEN? What is the current problem and to what extent does the EU have the ability to tackle this issue?

How can the EU improve co-operation in order to to implement a cohesive security policy? How can the EU balance European citizens’ right to privacy and freedom while upholding security?

5. WHAT IS THE LEGISLATIVE BACKGROUND? As you research this topic, consider the following The EU has shared competence in the key words: Security Union, shared competence, areas of freedom, security and justice. co-operation, Schengen Area, threat, safety, state Counter-Terrorism Strategy: The EU’s approach of emergency, intelligence, external borders, to terrorism is summarised in four pillars by the radicalisation, security and defence Counter-Terrorism Strategy, adopted in 2005: USEFUL LINKS: I. Prevention: the identification and Go through all the links hyperlinked for a better elimination of the factors which contribute grasp of the information presented to radicalisation and the processes by which individuals are recruited to commit acts of • An overview: Council of the European Union terror.

• Publication by the European Commission: II. Protection: the protection of citizens and ‘Towards a Security Union’ infrastructure and reducing vulnerability to • Communication from the European Commission terrorist attacks, including the protection of to the European Parliament, the Council, the external borders.

European Economic and Social Committee, and III. Pursue: to identify and investigate terrorist the Committee of the Regions: ‘The European networks, including hindering planning, Agenda on Security’ travel and communication by terrorists.

• Communication from the European Commission to the European Parliament, the Council, the Respond: to manage and minimise the impact of European Economic and Social Committee, and terrorist attacks by improving capabilities to deal the Committee of the Regions: ‘Stronger and with the aftermath of attacks and help victims of Smarter Information Systems for Borders and such attacks.

Security’ • Articles on terrorism by The Economist.

7 European Commission (2010) Charter of of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.”

7 An example of such measures would be the state of emergency currently in operation in France.

Fundamental Rights of the European Union Article 52 (1)

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Tomorrow’s Europe

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THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS (ECON) The fine line between avoidance and evasion: The recent scandals connected with the ‘Panama Papers’ sparked sharp debates over financial tax havens, offshore accounts, and tax-avoidance regulations in Member States. In light of the recent events and the fact that these phenomena bypass national and continental borders, which approach should the European Union take to tackle tax evasion and money laundering?

Written by Jacopo Moretti; Video by Elina Makela THE EXECUTIVE SUMMARY As a result of globalisation national tax systems face stronger competition every day. With the current European framework that allows each Member State to manage its own taxation system, the competition to attract assets and revenues stiffens. But the most challenging threat for the EU is the exploitation of this legal apparatus, and the specific ones of each Member State, along with the existing frauds in the whole system and all the consequences linked to those. As tax evasion, tax avoidance and money laundering cross any kind of borders, fighting these phenomena and the related opacity and secrecy requires actions at both EU and international level, since national measures cannot succeed alone.

possesses. Efforts to evade income tax decline when the amount of income is lower. Tax evasion often entails taxpayers deliberately misrepresenting the true state of their affairs to the tax authorities to reduce their tax liability and includes dishonest tax

“ ASIDE FROM THE MORALLY

QUESTIONABLE DIMENSION, TAX EVASION CREATES A DISTORTION WITHIN SOCIETY AND MARKETS.

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1. WHY DOES THIS MATTER? The issue deals with a wide and complex field, which includes a great range of dimensions. The problems can thus be organised in the following reporting, such as declaring less income, profits three concepts in terms of Economic and Monetary or gains than the amounts actually earned, or overstating deductions.

Affairs: Tax evasion is the illegal dodging of taxes by individuals, corporations, and trusts. The level of evasion depends on a number of factors, including the amount of money a person or a corporation

Tax avoidance is the legal usage of the tax regime in a single territory to one’s own advantage to reduce the amount of tax that is payable by means that are within the law. This is the main difference between

31 tax avoidance and tax evasion. A company or an individual may try to avoid taxes by, for example, establishing their company or subsidiaries in an offshore jurisdiction, moving their tax residence to a tax haven, becoming a perpetual traveller, moving to a country with lower tax rates or using aggressive tax planning.

pensions for the elderly, unemployment benefits, public transportation, and more.

Finally, aside from the morally questionable dimension, tax evasion creates a distortion within society and markets. Seeing how the latter have their own costs, these fraudulent practices are feasible only for those who can “afford” them, thus Money laundering is the process of transforming companies and other actors who evade taxes can the proceeds of crime and corruption into threaten others within the free market with unfair seemingly legitimate assets, and can be carried competition. out in many different ways, such as: trade-based laundering1, creating shell companies2, smurfing3, 2. WHO ARE IN PLAY? Individuals, corporations and trusts, which carry sash smuggling4. out the practices described above. When speaking It is important to highlight what is the real purpose of tax evasion and money laundering it is hard to and the core idea behind taxes: taxes are needed to identify clearly the protagonists of these activities, raise revenue to fund the government and to carry because these activities are highly illegitimate and out many administrative functions. But taxation is make part of the underground economy6, therefore also at the basis of the whole idea of welfare state, they are quite difficult to monitor. On the other which is based on the principles of equality of hand, since tax avoidance is a legal practice and is opportunity and equitable distribution of wealth. carried out ‘up in the open’, those who practice it can be traced. Besides individuals, this list includes Keeping this in mind, it is understandable that many famous brands and corporations such as the effects of tax evasion and avoidance are both Nike, Apple, Microsoft, Dell, Starbucks, Google and economical and social: according to the estimates Amazon. of the European Commission, only in the EU-28 area, EUR 1 trillion were lost in 2013 due to these On the opposite side of stakeholders are the phenomena. following bodies and institutions that, amongst other activities, are responsible for key steps in Tax evasion usually causes a decline in the deficit combating illegitimate tax actions. spending5, the growth of the government debt – • Tax Havens and Offshore financial centres particularly in the long term –, and cuts of the public (OFC)7. These are jurisdictions where particular expenditure. Additionally, the fight against these taxes are levied at a low rate or not at all. The issues can lead to high expenditure of governments terms may also refer to a state, country, or and institutions. Moreover, lower revenues for the territory, which maintains a system of financial secrecy8. government result in smaller available funds for public services, which include education systems, 1 Trade-based laundering consists in under- or overvaluing invoices to disguise the movement of money 2 A Shell Company is a company that serves as a vehicle for business transactions without itself having any significant assets or operations. They are used to disguise the true owner of the money.

3 Smurfing consists in breaking cash into smaller deposits of money to avoid anti-money laundering reporting requirements 4 Cash Smuggling consists in physically smuggling cash to another jurisdiction and depositing it in a financial institution with greater bank secrecy 5 Deficit spending occurs whenever a government's expenditures exceed its revenues over a fiscal period, creating or enlarging a government debt balance.

6 Parties engaging in the production or distribution of prohibited goods and services are members of the illegal economy. Examples include the drug trade, prostitution, illegal currency transactions, human trafficking and other activities linked to organised crime. Violations of the tax code involving income tax evasion constitute membership in the unreported economy.

7 Some examples of Tax Havens or OFCs are: Austria, Switzerland, Luxembourg, Cyprus, Monaco, Netherlands, Lichtenstein, Ireland, Panama, Bahamas, British Overseas Territories: Bermuda, British Virgin Islands, Cayman Islands, Jersey, Isle of Man (the last five are non-sovereign jurisdictions commonly labeled as tax havens) 8 Financial Secrecy is the confidentiality afforded to financial transactions either by enactment of law or by other means.

32 • The European Union (EU). Through international treaties and other means, the EU allows for co-operation and exchange of information among its Member States on all sorts of taxes.

EU legislation enables collaboration between national tax authorities in various ways.

• At the Council of Ministers level, the Code of Conduct on Business Taxation Group aids EU countries to assess each other’s tax regimes to identify harmful tax measures. This group enforces the commitment of Member States to abolish existing harmful measures and refrain from introducing new ones.

• At the European Commission level, the Tax Policy Group gives a platform for personal representatives of EU finance ministers to discuss issues such as double taxation and tax avoidance. Its purpose is to help the Commission and Member States to exchange views on proposals before they are put on the table, and to push forward discussions on important taxation dossiers.

• International Monetary Fund (IMF), whose goals are to protect the integrity and stability of the international financial system and to make it more difficult for those engaged in crime to profit from their criminal activities.

• The Law Enforcement, Organised Crime and AntiMoney-Laundering Unit of United Nations Office on Drugs and Crime (UNODC) is responsible for carrying out the Global Programme against Money-Laundering, Proceeds of Crime and the Financing of Terrorism, which was established in 1997.

• The Financial Action Task Force (on Money Laundering) (FATF) is an intergovernmental organisation founded in 1989 on the initiative of the G7 to develop policies to combat money laundering.

• The International Money Laundering Information Network (IMoLIN) is an Internet-based network assisting governments, organisations and individuals in the fight against illicit financial flows, money laundering and the financing of terrorism.

The Tax Transparency Package: The Commission presented a package of measures to boost tax transparency on 18 March 2015. It contains a proposal to introduce the automatic exchange of information between Member States on their tax rulings and also other tax transparency initiatives.

The Tax Transparency Agreement between EU and Switzerland, of 27 May 2015.

The Tax Transparency Agreement between EU and Liechtenstein, of 28 October 2015.

The Tax Transparency Agreement between EU and Monaco, of 12 July 2016.

The Anti Tax Avoidance Package that includes: • The Council Directive of 28 January 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market. It aims to create a minimum level of protection against corporate tax avoidance throughout the EU, while ensuring a fairer and more stable environment for businesses.

• The Commission Recommendation of 28 January 2016 on the implementation of measures against tax treaty abuse. It covers the introduction of general anti-abuse rules in tax treaties and the revision of the definition of permanent establishment.

• The Communication On An External Strategy For Effective Taxation: The External Strategy presents a stronger and more coherent EU approach to working with third countries on tax good governance matters. It also sets out a process to create a common EU list of third countries for tax purposes.

• Anti-Money Laundering Directive of 5 July 2016: The Commission has adopted a proposal to further reinforce EU rules on anti-money laundering to counter terrorist financing and increase transparency about who really owns companies and trusts.

4. WHAT ARE THE CORE CONFLICTS? A key conflict arises from the very definitions of 3. WHAT HAS ALREADY BEEN TRIED? tax evasion and tax avoidance and the conceptual Communication From The Commission To The difference between the two. The latter, in fact, European Parliament And The Council of 6 is a practice that does not go against the law December 2012. This is an Action Plan to strengthen but still remains a controversial tool since it the fight against tax fraud and tax evasion. exploits legal limits. Conflicts connected with tax avoidance particularly arise from the difficulty of its

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identification as financial laws are not wholly rigid in these cases and are subject to interpretation.

This creates obstacles when tracing the normative question on the boundaries between what should be legitimated and what should not be.

Additionally, when trying to tackle these complex issues, the EU is subject to strong limitations that have to do with its jurisdiction, both within and outside the European borders. In fact, Member States exercise sovereignty on corporate and income taxes, resulting in a non-uniform taxation system across Europe and in a continuous flow of assets towards those areas with lower tax burdens.

But can these countries really be held accountable for this or should they be considered as virtuous ones?

5. WHAT IS THE LEGISLATIVE BACKGROUND? General Tax Policy (Treaty on the Functioning of the European Union, Articles: 110, 111, 112, 113, 114, 115, 116, 117, 118). The power to levy taxes is central to the sovereignty of EU Member States, which have assigned only limited competences to the EU in this area. According to the TFEU, tax measures must be adopted unanimously by the Member States. The field of direct taxation is not immediately governed by the EU rules.

Indirect taxes include value added tax (VAT); EU legislative activities are aimed at coordinating and harmonising VAT law for the purpose of a proper functioning of the internal market.

prevention of the use of the financial system for the purpose of money laundering and terrorist financing.

Council Directive of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures.

Commission Recommendation of 6 December 2012 on aggressive tax planning.

Commission Recommendation of 6 December 2012 regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters.

6. NOW THEN? The EU is faced with issues that carry debatable questions: how can tax evasion and money laundering be fought when they’re so difficult to track down? How can they be fought when they involve many different jurisdictions? Is tax avoidance really immoral if it’s legal? Does the legal basis that defines the concept of tax avoidance need to be rethought? If yes, then towards which direction?

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented

• Tax Policy in the EU • Tax harmonisation in Europe: Moving Forward Directive 2005/60/EC Of The European Parliament • Avoiding tax may be legal, but can it ever be And Of The Council of 26 October 2005 on the ethical?

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THE COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY II (ENVI II) When the drugs don’t work: With medical reports showing an increase of Antimicrobial Resistance (AMR) across many hospitals rendering the number of cures to certain infections smaller, and the Action Plan against the rising threats from AMR coming to an end in 2016, what further steps should the EU take to minimise the threats and halt the future expansion associated with AMR? Written by Pablo López; Video by Jan De Peuter

But there is much more. Animal husbandry and fruit growing depend on antimicrobials too, to protect the stock against disease, creating resistant microbes that move off the farm in water, dust or meat that is shipped all around the world. This means that there is no possible knowing where the resistant microbes will spread. What can be known, indeed, is where they will develop and something needs to be done to prevent it. Lets not forget that these infections are not extraordinary cases. Today more than 25.000 people are dying every year in the EU from drug-resistant infections and up to 700.000 people worldwide. This numbers show that there is a global need to promote responsible use of antimicrobials in both humans and animals,

and this can only be achieved through the common contribution of each and every single EU citizen.

What should be done to let our future generations live in a post-antimicrobials era?

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TODAY MORE THAN 25.000 PEOPLE ARE DYING EVERY YEAR IN THE EU FROM DRUGRESISTANT INFECTIONS

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THE EXECUTIVE SUMMARY Microbes have always been able to evolve defences against common chemical attacks by acquiring genes or undergoing molecular changes, so as to efficiently adapt to their environmental conditions.

But this fact turns into a major issue when pathogenic micro-organisms are the ones rapidly developing resistance against antimicrobials, resulting in infections moving across the world for which, out of thousands of medicines out on the market to cure them, none might work.

35 1. WHY DOES THIS MATTER? Deaths attributable to AMR and other diseases globally every year by 20501.

Increasingly more people are getting infected by microbes that cause illnesses that can no longer be treated.

Certain pathogenic microbes have become resistant to even the most powerful medicines leading to the birth of the so-called antimicrobial resistance (AMR).

As defined by the World Health Organization (WHO), antimicrobial resistance stands for the resistance of a microorganism – which includes bacteria, fungi, viruses and parasites – to an antimicrobial drug that was originally effective for treatment of infections caused by it2. This means that sick individuals who until recently where able to lead a stable life are now remaining infected for a longer period of time and are in greater risk of death because there is no longer an effective cure to their common infectious diseases (e.g. urinary tract infections, pneumonia, septicaemia) due to the mutilation of the microorganisms. In fact, it has been estimated by the UK government that by 2050 more people will die from infections caused by AMR than from cancer (Fig. 1). But the issue now is not only limited to humans but to both animals and food too, since the negative effects of these resistant bacteria, also known as superbugs, spreads to veterinary medicine, agriculture and animal husbandry.

More specifically, the European Centre for Disease Prevention and Control (ECDC) is the cornerstone in raising awareness about AMR and performing surveillance at EU level through its initiatives.

The European Medicines Agency (EMA) and the European Food Safety Authority (EFSA) are also to be taken into account for their role as “scientific advisors” as well as a key tool to monitor and diminish the effects of AMR in all three humans, animals and food.

Lastly, both the patients and health care workers will also be a cornerstone to curb the overuse and misuse of antimicrobials; the first, by ensuring their AMR poses a major growing problem for the human appropriate use of prescription medications and existence because without an effective not only the second, by preventing prescription drug abuse.

Europe but world-wide policy response many standard medical treatments will fail or turn into 3. WHAT HAS ALREADY BEEN TRIED? high-risk procedures. The European Commission In the field of human medicine, since November believes that only through a coordinated action the 2011 the Commission’s Action Plan against the emergence and spread of antimicrobial resistance rising effects of AMR has implemented 12 actions with EU Member States and identified 7 different can be minimised. areas where measures are the most needed to tackle AMR. The recent evaluation of the plan 2. WHO ARE IN PLAY? The European Commission is currently in charge in February 2016 shows that even though it has of monitoring and improving an Action Plan on positively contributed towards the combat of AMR (2011-2016) as well as drafting EU Action for AMR, much stronger action is needed in order to the next year and beyond, in order to promote completely eradicate this issue. Nevertheless, since innovation and research for the development of 2011, considerable progress has been achieved new antibiotics and alternatives to antimicrobials. in supporting research and innovation, the use antimicrobials in animals has been reduced and 1 O’Neil, J. (2014), Antimicrobial Resistance: Tackling the number of antibiotics sold in the EU for use in a crisis for the health and wealth of nations, The Review on humans has been stabilized.

Antimicrobial Resistance.

The ECDC, for its part, coordinates and funds 2 World Health Organization (2015), Antimicrobial Resistance, Media Centre, fs. 194.

36 two networks of surveillance; the European Antimicrobial Resistance Surveillance Network (EARS-Net), which provides reference data on antimicrobial resistance for public health purposes, and the European Surveillance of Antimicrobial Consumption (ESAC-Net), which provides reference data on antimicrobial consumption. The performance of these surveillance activities has been greatly improved since 2011 and has shown an overall decrease in the volume of antimicrobials sold for both human and veterinary medicine.

In June 2016, the Commission published the Eurobarometer results on Antimicrobial Resistance3 awareness which main conclusion was that the level of knowledge across the EU remains low and thus awareness raising and campaigning is still necessary.

developed a Global Action Plan, which follows similar strategic objectives to the abovementioned EU action plan, so as to tackle AMR universally.

4. WHAT ARE THE CORE CONFLICTS? The major conflict in this issue relies on how to address antimicrobial resistance; should the medical community focus on the development of new drugs that can eradicate the newer forms of resistant-bacteria or discuss alternative strategies such as the use of vaccines or phage therapy in order to reduce the need for antimicrobial use?

The health care community is also caught in a kind of a bind when it comes to balancing access versus excess. Both drug misuse and overuse by physicians and medical personnel during the past decades have drastically led to an increase In the field of veterinary medicine, in 2010 the EMA of the rates of AMR. For instance, in 2013 a study presented the European Surveillance of Veterinary published in the Journal of the American Medical Antimicrobial Consumption (ESVAC) project Association (JAMA) reported that between 1997 and that collects information on how antimicrobial 2010 doctors prescribed antibiotics in 60 percent of all sore throat cases, while only 10 percent of adults medicines are used in animals across the EU. In the alimentary field, the EFSA publishes yearly, with sore throats entirely required them. since 2010, specific summary reports on zoonotic infections, food-borne outbreaks and antimicrobial Another conflict that requires immediate response resistance analysing the situation on AMR in food is the paradigm of using antibiotics in agriculture and animal husbandry. On the one hand, agriculture and animals across Europe.

At the international level, the WHO has also deeply depends on having effective antibiotics to treat sick animals, as so do we in order to have a 3 European Commission (2016), Antibiotics in the EU- proper food supply. On the other hand, though, a huge amount of antibiotics is used in agriculture for Use & Perceptions, Antimicrobial Resistance.

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37 non-health purposes, such as growth promotion or instead of having better farming practices, which is negatively contributing to the spread of AMR. For instance, in some countries up to two thirds of antibiotics are used in this field.

“ BETWEEN 1997 AND 2010 DOCTORS PRESCRIBED ANTIBIOTICS IN 60 PERCENT OF ALL SORE THROAT CASES

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5. WHAT IS THE LEGISLATIVE BACKGROUND? The EU offers several routes for the authorisation of medicinal products (MP), including newly developed antimicrobials, within its territory. When a new medicinal product is to be released, the developer company has to submit an application to the EMA in order to get a marketing authorisation and, after a series of evaluation tests, the EMA’s Committee for Medicinal Products for Human Use (CHMP) or Committee for Medicinal Products for Veterinary Use (CVMP) decide whether or not to grant the authorisation.

Concerning the regulation of human medicinal products (HMP), all medicines must be evaluated according to the principles laid down in the Commission Directive 2001/83/EC. This Directive is addressed to all Member States and provides scientific and technical requirements regarding the testing of HMP as well as rigorous assessment on the criteria of safety, quality and efficacy.

described in the Commission Directive 2009/9/EC before it can be sold or provided in the EU. The EU requires by law that any food product derived from animals treated with veterinary medicines must not contain any residue that might represent a hazard to the health of the consumer. The safety of these residues is granted by the CVMP and takes into consideration the risk that poses the development of AMR in bacteria.

Both HMPs and VMPs can be registered in the EU according to the National, Decentralised or Centralised procedures, depending on whether the product is intended to be marked in one, several or all EU Member States.

6. NOW THEN? • Should the scientific community focus on the development of new antibiotics that target different mechanisms of the newly resistant bacteria or on the development of novel methods to fight them off?

• How does the use of antibiotics in livestock impact human health?

• Given that the development of new antimicrobials is a long-term investment, what measures should be taken in the meanwhile to fight AMR? • Should the EU require agriculture and animal husbandry to give up antibiotic use?

• How can EU institutions make sure that physicians are providing antibiotics to patients who need them without ensuring appropriate usage?

• How can EU citizens become involved in the fight against the arising threats of AMR? • What role should the EU adopt at the international level so as to contribute to tackle the AMR issue globally?

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented • • • •

AMR: Action at EU Level AMR Review Paper European Medicines Agency: AMR ECDC/EFSA/EMA first joint report on the occurrence of AMR in bacteria from humans and food-producing animals As regards to antimicrobial use in livestock, each • Antibiotics in the EU - Use & Perceptions and every single veterinary medicinal product (VMP) has to be evaluated according to the procedure

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THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY II (ITRE II) The Startup Network: Despite growth in recent years, the startups worth more than EUR 1 billion in the EU is still trailing behind in the global market as the value of all the billion-Euros startups in Europe combined is still less than that of Facebook. How can the EU and its Member States create a more favorable environment for the development and the expansion of startups in Europe?

Written by Hidde Fokkema; Video by Florian Schinnerl THE EXECUTIVE SUMMARY A startup business can be defined as the activities of IT and web entrepreneurs searching for new and innovative business models that have high potential for growth.

1. WHY DOES THIS MATTER? Almost 99% of all enterprises in Europe are small and medium-sized enterprises (SMEs) but regrettably these businesses do not grow further as much in the EU as they do elsewhere. Some SMEs can additionally be accounted as startups, In recent years it has become evident that the EU increasing their potential for success. In the long lacks actions to further and support the growth run, for the EU to stay as an active competitor in the of these small entrepreneurial companies. To global market and sustain economic growth, more guarantee a positive development, startups need startups have to develop from the startup phase to an open and transparent support network that can the scale-up phase. Such positive development help them access funds, talent and big markets, has been proven to be possible: the EU hosts 40 above others. so-called ‘unicorns’; businesses valued more than EUR 1 billion.3 Nevertheless, it is still difficult for Startups have been more openly supported in the startups to grow in value in the EU. US, where the supply has been able to meet the demand and these companies have been able to thrive and grow. Numerous new startups have been founded in Europe in the last years1 but the right factors are not yet in place for an environment in which startups can become scale-ups2. Such an environment has stayed as a utopia for European startups but demand for change is increasing in the entrepreneurial scene.

1 Gapper, J. (2016), Europe’s tech start-ups need to scale faster.

2 A scale-up is a company growing minimum 20% in revenue or employees in a span of three years

Graph showing the difference in growth between the EU and the US 3 Gp-bullhound, (2015), European Unicorns: Do They Have Legs, p. 3

39 Some experts believe that the fragmented EU market with a dozen languages and different national legislations hinder the expansion of startups within the union. Additionally, the fragmented market does not allow talents to meet cross-border, possibly explaining why European SMEs employ on average 14 people, compared to 30 people in the US.4 Furthermore, various other studies have found that European investors are not as willing to take risks as their US counterparts. This has manifested in multiple ways; after the economic crisis of 2008 banks had to adopt stricter rules to giving loans.

These loan restrictions directly hit the startups since they can be seen as risky investments, particularly if there is no tangible product.5 This raises the question of how to match the talented people with companies in need; how to increase the invested capital for the startups to develop to scale-ups; and how to get a less fragmented EU in terms of cross-country companies 2. WHO ARE IN PLAY? The European Commission can help create a startup-friendly environment where companies can grow by implementing new laws and legislation. Within the EC the body responsible for implementation of the new EU legislation in this field is The Directorate-General (DG) for Internal Market, Industry, Entrepreneurship and SMEs. Another institute of the EU that is closely related to this topic is the European Investment Bank (EIB).

By volume this institute is the largest in terms of borrowing and lending money in the EU. Two of its priorities are to increase innovation and skills and to foster and help SME growth. The EIB gave EUR 18.7 billion in loans to increase innovation and skills in 2015 and similarly EUR 28.4 billion were dispatched to support SMEs.

How the different kind of investments relate to each other

Finally, there are two organisations set up in collaboration with the Commission that are also big players in the field, namely Startup Europe partnership and the European Digital Forum.

These organisations are not EU bodies, but they help to create an environment where start-ups can grow with the assistance of the Commission. They keep track of what has been done and what the results are in terms of growth of startups. They also cooperate with successful businesses like Spotify to come up with solutions to the issue of growth.

Additionally, the Member States have a lot to say in this field, especially when it comes to income and capital taxes, due to the EU competences in the field, thus restricting the power of the Commission.

In acquiring capital the SMEs themselves also play a part as they need to be daring and willing enough to take the risk to start trying to grow.

4 Bravo Biosca, A. (2010). Exploring business growth and cotraction in Europe and the US, p. 10 5 Filippov, S & Hofheinz, P. (2016), Growing Europe’s Digital Economy, p. 6

The so called ‘funding escalator’ showing how a successful business is funded

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Another goal this Investment Plan is trying to achieve is to move closer towards a Digital single market. The digital market plan aims to remove all obstacles for online services across Member States.

To make this a reality, the Commission has proposed to make cross-border e-commerce easier, promote free movement of data, and connect business registers across EU. The Juncker administration made the digital market one of their 10 priorities and the administration wants it to become a reality in 2020 and is thus committed to realise the plan.

4. WHAT ARE THE CORE CONFLICTS? One of the main issues is that there are plenty of SMEs and startups in Europe, but not many transition to the scale-up phase. Why could this be? A study has found that companies cannot achieve their expected growth levels because they cannot find the talented employees they need. This has partially to do with education, but also with the open EU labour market. Also, many talented people leave the EU before they can set up anything; there are 50.000 Germans working in Silicon Valley and 500 start-ups with French founders in San Francisco.6 Thus the question is how are we going to create more talent and stop the brain-drain?

Another problem that is often highlighted is the lack of capital in the EU and specifically venture capital7, which makes up only a small portion of the total amount of investments made in the EU. Resulting from the fragmented market with differing tax and investment legislation, it is difficult and expensive to set up big venture capital funds 6 Sill, I. (2012), Silicon valleys fragile ecosystem, Red Herring 7 A venture capital is a form of private investing into startups expecting a long-term growth potential

across the Member States.

The third issue that is overlooked in many cases, but vital to the topic, is that there is a lack of leadership and experience in Europe when it comes to letting companies grow. The CEO of Klarna, a Swedish payment company valued at EUR 2.25 billion, says that Silicon Valley is booming because it is fairly easy to ask advice from someone that has already succeeded there.8

“ THE JUNCKER ADMINISTRATION MADE THE DIGITAL MARKET ONE OF THEIR 10 PRIORITIES

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3. WHAT HAS ALREADY BEEN TRIED? In the beginning of 2015 Jean-Claude Juncker, the President of the European Commission, launched an Investment Plan aiming to remove obstacles for investments and close the market gaps by creating an easier and more investment-friendly environment for private and small financing. To assist the plan, the Commission has mapped out obstacles the Member States can run into when investing at a national level. The Investment Plan’s main instrument is the European Fund for Strategic Investments (EFSI), which is regulated by the European Investment Bank.

5. WHAT IS THE LEGISLATIVE BACKGROUND? As mentioned above, there are several plans and actors in play but the lack of concrete legislation concerning the issue is due to the competences of the field of internal market and industry, to which the issue falls under. Internal market is a shared competence, meaning that both the EU and the Member States can adopt legislation but the Member States can only adopt it in places where the EU has not done so already or explicitly stated that it will do so. Meanwhile, industry is a supportive: the EU can only support that field alongside Member State actions and cannot adopt legal actions.

Most action plans of this sphere are part of directives; they set a certain goal or target for a specified time and it is up to the Member States to decide how to achieve them. An example of this is The Entrepreneurship 2020 action plan, which is based on three established pillars: Entrepreneurial education and training; Creation of an environment where entrepreneurs can flourish and grow; and setting up role models and reaching out to specific groups. Namely, some of the actions to be 8 Price, R. (2015), Europe Biggest problem, Business Insider UK.

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implement are: • clearer and simpler rules; • make entrepreneurs positive role models; • get entrepreneurship experience during compulsory education.

and equal opportunities need to be discussed9. In addition, the European mind-set on investments and their risks need to be reviewed as well as the lack of innovation and entrepreneurial engagement in the EU.

Finally, Action Plan on Building a Capital Markets Union aims to stimulate investment, growth and jobs in the EU’s economy, leading to a single EU market for capital. It wants to integrate more financial markets in the EU, create more opportunities and make the markets more transparent for investors.

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented

• How to get from start-up to scale-up • The Entrepreneurship 2020 action plan • A platform keeping track and analysing the 6. NOW THEN? start-up climate in Europe The Startup manifesto from 2013 is an excellent • Startup Europe by the European Commission example of an entrepreneur-Commission collabo- • 10 ways to solve our problem in response to ration and studying it closely might lead to some research done answers how to proceed with the further actions. It • Analysis of 5 EU Member States with relatively includes a tracker that points out faulty and lackmany unicorns ing fields that need improvement in the field of en- • A successful CEO explains what has to be trepreneurship in different Member States. These done in Europe according to him can be taken as steps to develop a more entrepre- • A blog by the European Commission about the neur-friendly EU. start-up climate • The 3 Key Differences Between European vs The Member States have highly differing potential US Startups to support their startups, and thus regional balance 9 Source and further reading: http://www.startuphubs.eu

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Equality through Solidarity

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THE COMMITTEE ON CULTURE AND EDUCATION (CULT) United through Diversity: Member States have committed to promoting and protecting minority languages under the European Charter for Regional or Minority Languages. With over 128 endangered languages currently in Europe, how should the European Union protect the regional and minority languages that are found within its borders whilst its ensuring cultural integration within national states?

Written by Aleksander Larski; Video by Matteo Vespa THE EXECUTIVE SUMMARY The language we speak acts as an important part of our identity. According to a Welsh proverb, a nation without a language is a nation without a heart. With 24 official languages, the EU seems to agree with this message, accepting and enjoying the diversity of our continent. At the same time, 128 languages in Europe are endangered.

National governments are wary of strengthening legislation regarding minority languages because of the possible threat they may pose to national unity. Additionally, some doubt the usefulness of said languages in the first place. This situation is reinforced by the limited response from the international community.

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SOME BELIEVE THAT A LANGUAGE DYING ACTUALLY BENEFITS THE SOCIETY

At the moment, the situation remains unresolved, with only one main treaty addressing the issue, which additionally is implemented by the Council of Europe – a body separate from the EU. Thus, it is up to each Member State to decide on the recognition and treatment of minority languages present within its borders, with no international cooperation existing.

1. WHY DOES THIS MATTER? Currently, over 55 million Europeans speak 60 minority languages1, as defined in the European Charter for Regional and Minority Languages.

Linguistic diversity is enshrined in both the European Charter of Fundamental Rights and the Treaty on European Union2. In addition to being part of the cultural heritage of the continent, linguistic diversity is also widely accepted as positive in the academia: diversity of languages helps to understand history, convey different identities, provide mental health, and sustain economic advantage34.

1 Mercator (2012) - European Research Centre on Multilingualism and Language Learning. Facts and figures.

2 Article 22 and Article 3, respectively.

3 Crystal, D. (2000). Language Death. Cambridge: Cambridge University Press.

4 Cunha Ferreira, M. (2013). Language death. Why should we care?

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44 Through history, minority languages have been largely oppressed and their development has been hindered by two main causes – active repression and cultural, political and economic dominance of the official language. While the first cause was the main one in XIX and XX century, the second one plays the biggest role now. Additionally, attitude of speakers begins to play bigger and bigger role – history of repression to some extent associated minority languages with poverty, illiteracy and hardship in the eyes of the population5.

2. WHO ARE IN PLAY? Minority language speakers are the ones who will be directly affected by any policy regarding those languages. Speakers are also the ones working on sustaining and revitalizing minority languages in their respective communities.

This led to current state of regional and minority languages, where even within the regions where language was traditionally spoken, actual speakers constitute a minority. Because of that, many claim that little to no legal and financial help should be offered to communities due to their own reluctance to learn the language. Additionally, some believe that a language dying actually benefits the society: communication is easier, and fewer resources are spent on translation and interpretation.

The Council of Europe is a separate entity from the EU, and the two are in no direct connection to one another. It adopted one of the most important legislation pieces on the matter – The European Charter for Regional or Minority Languages. This treaty cannot however be enforced on the Member States, as the Council lacks suitable competences.

5 Sallabank, J. (2010). Language Endangerment: Problems and Solutions.

The European Union (EU) strives to protect linguistic diversity and states it as its goal in the Charter of Fundamental Rights and in the Treaty on European Union.

Governments of Member States have most direct influence on issues of promotion and development of regional languages within their territories. Some Member States’ administrative approach distributes

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more power to local and regional governments, taking into consideration the fact that minority languages are usually spoken in certain small areas of the country. Lastly, the Member States are the ones shaping their respective educational systems.

3. WHAT HAS ALREADY BEEN TRIED? The European Charter for Regional or Minority Languages (ECRML) is signed and ratified by 17 Member States of the EU. It is up to each Member State to decide which languages should be protected within its territory. The Charter strives to protect and promote historical regional and minority languages spoken in Europe. Following this definition, the Charter does not cover immigrant languages. Additionally, dialects of the official languages are not protected by the ECRML and it also does not protect the official languages, which is why countries like Ireland and Malta, the official languages of which are at the same time minority languages, did not ratify the Charter.

Up to 2010, the EU funded the European Bureau for Lesser-Used Languages (EBLUL) – European NGO that worked to develop network and cooperation between communities of minority languages. It was closed due to budget cuts, and is now replaced by the European Language Equality Network (ELEN).

Important part of sustaining a language is its presence in education. One example could be the Basque language, and different models used in Spain. There are three models of teaching the Basque language that students can choose from – they range from Basque being taught as a foreign language to Basque being the main language of instruction and Spanish being treated as a second language6.

Additionally, speakers of minority languages are in some countries able to communicate in their language in an official setting. Examples would include Sorbian language in Germany, as well as Welsh in the UK, where it is recognised as an official language, thus speakers are free to use their language in court and public services are obliged to have bilingual provision.

Countries can ratify the Charter in respect of their minority languages based on Part II or Part III of the charter, which contain varying principles. Part II is seen as a more general framework on protection of languages and states goals and principles on which the State must base its policies. Part III is Furthermore, minority languages can be more specific, and contains actual solutions and 6 Gorter, D., Cenoz, J. (2011). Multilingual education provisions to protect a given language. for European minority languages: The Basque Country and Friesland.

46 broadcasted in the media. The exact legal requirements and provisions vary and can range from legal obligation to promote minority languages (as in the Netherlands) via near-complete freedom on what to broadcast and in which language (as in Poland) to institution of quotas (as in France) or requirement to broadcast solely in the official language (as in Turkey, until legislative changes were introduced in 2002)7.

4. WHAT ARE THE CORE CONFLICTS? The biggest dispute involving minority languages is the possible threat they may pose to national unity of the Member States. At times, proponents of linguistic rights also were associated with nationalistic or secessionist movements. At the same time, groups which feel oppressed may be more likely to cause unrest and engage in violent fights for their rights.

“ IMPORTANT PART OF SUSTAINING A LANGUAGE IS ITS PRESENCE IN EDUCATION. ONE EXAMPLE COULD BE THE BASQUE LANGUAGE.

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A following conflict of more practical nature involves resources. With limited number of speakers and the fact that they are usually concentred in one region, any state-wide legislation may be ineffective.

Besides, state expenditure on such small groups is only a supporting competence of the EU, meaning can raise objections from the rest of the population, it can only support, coordinate or supplement especially when individuals believe that linguistic actions of Member States. diversity bears no tangible benefits.

6. NOW THEN? Another dispute concerns which languages should • What is a suitable balance between the official language of the state and its minority languages? be taught in school and later in life. Some argue that more focus should be put on languages that • How can minority languages be seen as offering broad opportunities? offer broader opportunities8. On the other hand, research has found that people who already speak a • In which areas of life should minority languages be present? second language are much more likely to learn an• Can international law better protect minority other one9. languages?

5. WHAT IS THE LEGISLATIVE BACKGROUND? The only international treaty dealing directly with USEFUL LINKS: minority languages is the ECRML. However, some Go through all the links hyperlinked for a better aspects are also tackled by the EU’s language policy. grasp of the information presented The policy strives to provide each citizen with the possibility to speak two languages additionally to • Article on changing perception of UK’s minority languages their mother tongue.

• Concise summary of provisions protecting Sorbian Rather restricted response of the EU can be explained by limited tools at its disposal. Education • Debating Europe article on necessity of protection of minority languages 7 McGonagle, T., Davis Noll, B., Price, M. (2003).

• Article discussing necessity of standardisation Minority Language related broadcasting and legislation in the of languages OSCE. 8 B.G. (2014). The problems of a multilingual Spain.

9 University of Haifa (2011). Bilinguals find it easier to learn a third language.

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THE COMMITTEE ON HUMAN RIGHTS (DROI) Righteousness, fairness and equality for all: While the fundamental rights of the transgender community are protected in the EU, differences between Member States regarding the legal recognition of their identity makes the situation unstable across the Union. What steps can the EU take do in order to truly ensure the rights of its transgender citizens?

Written by María Gil; Video by Ans Van Gasse THE EXECUTIVE SUMMARY citizens in the rest of the EU have to be subjected Sex and gender are terms that are still being to unfair treatment. The EU must thus analyse confused or are used indistinctly amongst the the benefits of the existing initiatives and design general population. Nevertheless, there is a major difference between the two terms. Most European societies identify their members according to their sex as either male or female, consequently causing any variation in sexual characteristics to qualify as THE CHALLENGES OF THE ISSUE mental or medical conditions. This division of an THUS RELATE MAINLY TO individual’s identity according to the genitalia they were born with is pathologising and stigmatising HUMAN DIGNITY AND THE the situation for the people that identify themselves as transgender or intersex.

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Everyday tasks such as picking up a parcel or opening a bank account can become a real struggle if one’s gender identity does not match with the gender recorded in the official documents. In order to obtain legal recognition of the desired gender certain requirements are needed which constitute a breach of these individuals’ basic rights, attacking their dignity, physical and mental integrity, freedom, privacy, and principle of nondiscrimination.

PRINCIPLE OF NON-DISCRIMINATION

appropriate measures that truly ensure transgender people’s rights within its borders.

1. WHY DOES THIS MATTER? ‘Sexual orientation is clearly mentioned in EU texts, but gender identity isn’t yet. For instance, when the As of 2016, legal gender recognition solely based on Treaty on the Functioning of the European Union self-determination has been implemented in only equips the EU to combat discrimination, it does so four countries in Europe; meanwhile transgender by mentioning ‘sexual orientation’ and ‘sex’ and,

48 although the scope of ‘sexual orientation’ seems to be clear, what ‘sex’ covers is more open to interpretation.’

1 Subsequently, due to the clear separation of our official sex into male or female from the moment we are born, trans citizens experience discrimination, harassment and violence in a huge variety of daily life scenarios.

These requirements have been criticised in many cases for being a breach of the trans citizen’s basic rights of human dignity, freedom, physical and mental integrity and right to respect of private and family life.

The challenges of the issue thus relate mainly to human dignity and the principle of nonStates can legally recognise a transgender person’s discrimination, both of which are stated in Articles gender identity by allowing for the change of 1 and 21 of the Charter of Fundamental Rights of name, social security number and other gender the European Union; and indirectly to issues such indicators on identity documents and official as equality before the law (Article 20), healthcare registries. This process is called legal gender (Article 35), and the principle of freedom of recognition. From a legal point of view, it allows movement and residence (Article 45). transgender persons to live in accordance with their perceived gender identity. However, the The questions remain - how can the law and the differences in these gender recognition procedures policies be effectively implemented to achieve a between the EU Member States create a situation tangible impact on people’s lives? How can the EU in which the principle of freedom of movement proceed in this situation? What steps should the is compromised for transgender people, as they EU take towards legal equality for all its citizens would need different requirements in each country. regardless of their gender expression?

Moreover, these types of legal standards often compel medical requirements (such as psychiatric 2. WHO ARE IN PLAY? diagnosis, hormonal treatment, different medical The rise in discussions and debates in the European interventions or surgery), divorce or modifications in Parliament (EP) over the issues on the legal their civil status, and even a certain age restrictions.2 recognition of transgender citizens and the equal rise of these discussions and reports in the media 1 The European Parliament’s Intergroup on LGBT generate higher information flow to the general Rights: Securing transgender rights. Why is this a priority? public. The acknowledgement that these day2 Council of Europe (2015), Protecting Human Rights of Transgender Persons. A short guide to legal gender recognition, pp. to-day violations of transgender community’s 11-12.

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49 human rights are a reality in the EU will reduce the stigmatisation of the issues surrounding trans people and will help the general public understand the state of affairs as well as the need to adopt certain measures to ensure their basic rights. This will ultimately benefit the trans population.3

8 (right to respect for private and family life) of the European Convention on Human Rights.

Currently, only 35 out of the 47 Council of Europe (COE) countries provide legal gender recognition, and 29 of the 47 countries require different medical criteria. However, 4 COE member states (Denmark, The Council of Europe standards and mechanisms Malta, Ireland and, since June 2016, Norway) have seek to promote and ensure respect for the human implemented the legal gender recognition solely by rights of every individual. These include equal rights self-determination, thus avoiding all the abusive and dignity of all human beings, including lesbian, and unnecessary requirements, and making the gay, bisexual and transgender (LGBT) persons.4 The administrative procedure much more accessible.

European Court of Human Rights oversees the implementation of the European Convention on Human Rights in the Member States.

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The European Parliament’s Intergroup on LGBT Rights has called on the European Commission (EC) to design a gender equality strategy that specifically includes gender identity issues, as well as ensures that future gender equality initiatives from the EC and the European Institute for Gender Equality acknowledge transgender people’s rights.

NGOs and ally organisation such as Transgender Europe and the International Lesbian, Gay, Bisexual, Transgender, Queer and Intersex Youth & Student Organisation (IGLYO).

3. WHAT HAS ALREADY BEEN TRIED? The EP first adopted a resolution on discriminations against transsexual people in 1989. In 2002, the 1976 Equal Treatment Directive was revised to include discrimination based on gender identity.

The European Court of Human Rights has ruled that a state’s failure to alter the birth certificate or any official document/registry of a person who has undergone gender reassignment, and to recognise the ‘new’ gender, constitutes a violation of Article 3 In several EU polls targeting the LGBT community the term ‘trans’ is used to refer to the following groups: trans women, trans men, transgender, intersex, gender variant or fluid, queer and others. You can check on some of the terminology here: http://www. genderdiversity.org/resources/terminology/

4 http://www.coe.int/en/web/sogi Section ‘About’

4 COE MEMBER STATES (DENMARK, MALTA, IRELAND AND NORWAY) HAVE IMPLEMENTED THE LEGAL GENDER RECOGNITION SOLELY

BY SELF-DETERMINATION

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The European Union Agency for Fundamental Rights (EU FRA) has regularly provided the EP with reports on homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity in the EU, beginning to also explore the fundamental rights situation of intersex people in 2015.

4. WHAT ARE THE CORE CONFLICTS? a. Abusive requirements for gender recognition procedures. Should the EU take a stance on the prohibition of certain abusive requirements, as it is trying to do by banning forced sterilisation? b. Differences between Member States compromise the trans citizens’ right to freedom of movement in the EU. What can the EU do in order to ensure this right? As the harmonisation of laws amongst all Member States in terms of fundamental rights is not a competence of the EU, how could Member States collaborate to facilitate the acceptance of identity registers endorsed in another country?

50 c. In case a transgender person was married before sorts of treatments? undergoing the gender reassignment process, • What could have motivated the change taken which would be the most appropriate criteria place in Norway that in 2014 required proof regarding the person’s civil state? If the couple had a of sterilisation in order to get the legal gender child before the gender reassignment of one of the recognition (LGR) but in 2016 is the fourth state partners should that partner change their civil state, in the COE to have adopted the LGR based on even though it might entail losing custody over their self-determination? What possible downsides child? could this new policy cause? Is there a possibility that other countries will soon follow Norway’s 5. WHAT IS THE LEGISLATIVE BACKGROUND? example?

In 2010, the Council of Europe made a recommendation to the Member States on USEFUL LINKS: measures to combat discrimination on grounds Go through all the links hyperlinked for a better of sexual orientation and gender identity. The grasp of the information presented recommendation included the revision of prior requirements to legal gender recognition • European Union Agency for Fundamental Rights (especially those of physical nature) in order to (2016), Professionally speaking: Challenges to avoid abusive requirements; and the emphasis on achieving equality for LGBT people. 6 making the changing of name and gender in official • European Union Agency for Fundamental documents in a quick, transparent and accessible Rights (2015), Protection against discrimination manner. Keeping in mind the individual’s right to on grounds of sexual orientation, gender identity respect for private life and other human rights at and sex characteristics in the EU. Comparative stake, such as the respect for human dignity and legal analysis. Update 2015. physical integrity, Member States have the duty to • Council of Europe (2015), Protecting Human review their criteria ‘having regard to scientific and Rights of Transgender Persons. A short guide to societal developments’.2 legal gender recognition.

• European Union Agency for Fundamental Rights The EC is the EU body in charge of the respect and (2014), Being Trans in the EU: Comparative promotion of the Charter of Fundamental Rights analysis of the EU LGBT survey data. of the EU by the proposal of a legislative act that • Transgender Europe (2013), Legal Gender Recognition in Europe. Toolkit. will then be voted on in the EP. The EC relies on the data provided by the FRA in these types of matters. • European Court of Human Rights (April 2016), However, the competences of the EU in terms of Fact sheet. Gender identity Issues. Cases that get to the European Court of Human Rights Fundamental Rights are limited to supporting competences. Therefore, legally binding EU acts must regarding Gender Identity Issues not require the harmonisation of countries’ laws or • IGLYO (July 1st 2016), UN adopts historic resolution to establish independent expert on regulations, but focus on the respect of the objec5 tives of the Treaties.

LGBT. • Transgender Europe (June 6th 2016), Norway 6. NOW THEN? approves Legal Gender Recognition based on • Why is it necessary that the EU ensures the Self-Determination. rights of this community in particular? What has • Beata S.,(March 9th 2016), Hungary blocks helped increase the number of Member States European agreement on LGBT rights, New adopting a legal gender recognition policy?

Europe.

• Which basic human rights have to be kept in • Transgender Europe (May 15th 2015), European mind when discussing this topic?

Court of Human Rights: ‘Gender Identity’ • What is the reason that 29 COE member states Protected Against Discrimination. still require medical criteria in order to start • Saner E., (September 1st 2014), Europe’s terrible the gender recognition procedure? What could trans rights record: will Denmark’s new law spark be the advantages of the certification of these change?, The Guardian.

5 Check the competences of the EU and the different types of legislative acts

6 Specially useful: Key findings and FRA opinions (pages 9-15)

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THE COMMITTEE ON ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY I (ENVI I) Expanding the Shrinks: With 38% of the EU population suffering from mental health disorders every year but only a third receive the necessary treatment, how should the EU support people suffering from mental health issues and ensure everyone is treated equally in all areas of society?

Written by Razvan Lacatusu; Video by Oskar Kosenina

In 2012, the EU registered 164.000 deaths resulting from mental and behavioural disorders2. Mental Health disorders can vary from severe diseases such as schizophrenia to disorders that affect a wide population, such as depression and anxiety.

Taking this into consideration, there is a necessary social demand and need for more involvement on the government’s side for allowing everyone to have access to the basic needs in regards to mental healthcare. In this regard, the European Union (EU) lacks an EU-wide policy and consistency amongst Member States. Therefore, what should the EU do to assure that equal health treatment is offered to everyone and that stigma and discrimination in regards to mental health issues are diminished?

of 15 people are affected3. How many people need to suffer from mental health disorders for it to be treated equally everywhere? Mental disorders account for 44% of social welfare benefits and disability pensions in Denmark, 43% in Finland and the

“ IN 2012, THERE WERE 164.000 DEATHS IN THE EU RESULTING FROM MENTAL AND BEHAVIOURAL DISORDER

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THE EXECUTIVE SUMMARY Mental health is a state of wellbeing in which an individual can realise his or her own potential, cope with the normal stresses of life, work productively and make a contribution to the community1.

1. WHY DOES THIS MATTER? On a yearly basis, about 1 out of 15 people suffer United Kingdom4. Such a problem affects individufrom major depression in Europe. However, if anx- als, our society and the future generations; hence iety and all forms of depression are included, 4 out actions need to be taken as soon as possible.

1 World Health Organisation , 63 Regional Committee for Europe Fact Sheet Mental Health.

2 Eurostat, Mental Health and related issues Statistics (2015), Main Statistical Findings, paragraph 1. rd

3 World Health Organisation , 63rd Regional Committee for Europe Fact Sheet Mental Health, Key Facts bullet 2.

4 World Health Organisation, 63rd Regional Committee for Europe Fact Sheet Mental Health, Key Facts - bullet 1.

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2. WHO IS IN PLAY?

GOVERNMENT

CIVIL SOCIETY

PERSONAL INVOLVEMENT

STAKEHOLDERS • European Commission’s body on Public health • International Organisations • National Authorities

• Mental health Organisations: Mental Health Europe, European Social Network • Education bodies: UNICEF, European Youth Forum, EuroHealthNet • The European Network for Corporate Social Responsibility

• Non-Governmental Organisations • Individuals suffering from mental health

ROLE Legislation Implementation Control and evaluation Monitoring

Act, set and propose rules on mental health issues applicable in all Member States

Influence individuals towards a more responsible behaviour Raise awareness Act in local societies

53 3. WHAT HAS ALREADY BEEN TRIED? WATCH THE VIDEO: The World Health Organisation (WHO) is an international institution that tackles mental health.

The WHO also holds a Regional Office for Europe.

In 2008 it published a paper titled Policies and Practices for Mental Health in Europe that presents data, facts and projects on how mental health issues have been tackled in the previous years. All EU Member States have presented mental health policies and legislations aimed at individuals suffering from mental health issues and the ones involved in treating them. The policies are targeted at a number of relevant issues, including ensuring The EU-Compass for Action on Mental Health and employment laws that prohibit discrimination due Wellbeing is a mechanism to collect, exchange and to mental health, insurance laws on medical help, analyse information on policy and stakeholder aceducation laws. tivities in mental health. Throughout 2015 and 2018 the Compass will monitor mental health and wellIn 9 of the EU Member States5 a Joint Action on being policies and activities by the Member States Mental Health and Wellbeing has been launched, set and non-governmental stakeholders. to harmonise the way mental disorders are treated in all participatory countries and to recommend 4. WHAT ARE THE CORE CONFLICTS? actions that can be taken on the European level, Although many global actions are already in as well as to support the engagement of Member place and there’s a continuous growth of projects States in developing socially inclusive approaches regarding mental health issues, on the EU level to mental health. solutions on these issues lack consistency. Only several of the effective measures are applied at Non-governmental organisations (NGOs), such a European level and there’s a need for greater as Mental Health Perspectives or Mental Health involvement from the Member States. Only a third Europe, are widely encouraged by the EU in their of the people with mental health disorders receive efforts of ensuring the provision of accessible, the necessary treatment, while it is paramount that community-based and person-centred quality equal access to support be provided to everyone. mental health services to people suffering from mental health issues. Additionally, the WHO furthers Equal treatment of mental health disorders to other the work being done in the EU through their events, health disorders depends greatly on the social shared statistics and personal stories in order to awareness on the topic, the level of which differs raise awareness on mental health issues. from one Members State to another. There’s also an inherent need to assure the timely prevention Programmes and activities offered in the scope of treatable mental illnesses, such as depression, of mental health also range extensively, including which is one of the most common and serious networks such as the European Alliance Against mental disorders and a leading risk factor for Depression. Similar to mental health promotion, suicidal behaviour6. there is a wide range of anti-stigma activities.

There are campaigns carried out by organisations It is also equally important to concentrate efforts in of carers such as Zero Stigma in several European education, in the workplace, as well as amongst the countries as well as partnerships with Open the vulnerable population such as the senior citizens, Doors, the global anti-stigma project of the World on how mental health is perceived. The EU needs to Psychiatric Association in Germany, Greece, Italy, combat the stigma and social exclusion of people Poland and Slovakia. suffering from mental health issues.

5 These 9 Member States consist of Austria, Bulgaria, Estonia, Hungary, Ireland, Italy, Portugal, Spain, and the UK.

6 European Commission, The European Pact for Mental Health and Wellbeing - Chapter III, paragraph 1.

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5. WHAT IS THE LEGISLATIVE BACKGROUND? In November 2005, the European Commission published the Green Paper Improving the mental health of the population: Towards a strategy on mental health for the European Union as a first response to the WHO mental health declaration for Europe. The main purpose of the Green Paper was to enable the creation of policies and directives at a European level towards mental health issues and to propose a debate among the relevant actors.

Following the Green Paper, in 2008 the Commission published the European Pact for Mental Health, which acknowledged the importance of mental health issues for the EU, its stakeholders and its citizens. The EU proposed no regulations on mental health issues but it did adopt two resolutions on mental health that present the main problems on mental health disorders and solutions applicable at a European level.

• What are the effective measures we can impose and coordinate in order to increase social awareness?

• Is there any way to classify people suffering from mental health disorders?

USEFUL LINKS: Go through all the links hyperlinked for a better grasp of the information presented

• The European Pact for Mental Health and Wellbeing • Eurostat’s Mental Health and related issues Statistics: • When does your mental health become a problem?

• European Policies and Practices for mental health • European Commission’s Green Paper on mental health Mental health is a problem of public health in the • The state of Mental Health in the European EU, hence the EU presents shared competences, Union meaning that both the EU and its Member States • Nearly 40% of Europeans suffer mental illness are able to adopt and legislate legally binding acts. • Video on how we define the recovery from mental health disorders 6. NOW THEN? • Five ways low and middle income communities • Based on what has already been implemented, are tackling mental health disorders how can the EU set common policies to deal with mental health disorders?

• Are policies and regulations the answer to such a topic?

• What actions have been taken in the past that have a strong impact on offering better treatment for people suffering from mental health issues?

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