Academic research on the EU, Enlargement, Europe in the news, Euroscepticism, Future of the EU, the Netherlands

The contradictions of the Dutch referendum on the Association agreement with Ukraine

As the day of the advisory referendum in the Netherlands on the Association agreement with Ukraine nears, the bulk of the commentary seems to focus on the campaign, its trends and its context rather than the referendum question and the agreement it addresses. There have been lots of commentaries focusing on the geopolitics of the referendum, evaluating Russia’s possible attitude or role, as for example this recent piece  assessing a potential ‘no’ vote as a symbolic victory for Russia. Many analysts note the passive stance taken by the Dutch government and political parties of the government coalition who, after all, participated in the negotiations of the agreement that started all the way back in 2008. In a highly critical post, Judy Dempsey denounces the lackluster campaign by Dutch and European politicians and the lack of visible commitment to the  treaty and the values it embodies (rather than just trade) by the Dutch Prime Minister Rutte himself. In terms of the implications of the referendum results, there is little agreement on the significance of a potential ‘no’ vote. Some, consider the whole exercise to be meaningless, as given the advisory nature of the referendum, the government could ignore the results if they are negative.This post by Korteweg provides an overview of recent history of both the agreement and the Dutch referendum and of potential scenarios after the referendum.

Yet, as Kristof Jacobs pointed out in the SRV blog and also in a debate we held yesterday, the political consequences of ignoring a possible ‘no’ vote would be much wider  and harder to ignore than the legal ones. Both domestic and international consequences could be quite broad and far reaching. At least one of the government coalition parties, the Social Democrats, has committed to respecting the outcome of the referendum. Changing the wording of the Association agreement to satisfy the Dutch voters would also be quite problematic: in a total of 486 articles and 179 pages without the annexes, identifying which bits would have been found objectionable by Dutch votes in case of a ‘no’ majority would be difficult. The EU’s credibility in other international settings and policies, such as the revised European Neighborhood Policy or even ongoing enlargement process with the Western Balkans, would be compromised.

If we accept that future accessions or associations will become more and more politicized, as found in our enlargement assessment project maxcap (see here), we should try to take the question of the referendum seriously and evaluate, to the best of our current knowledge, what effects the Association agreement might have. Given its scope and the fact that establishing a Deep and Comprehensive Trade Area is quite a novel enterprise, as shown in this legal analysis, effects are difficult to estimate ex ante. The political reform provisions in the treaty, however, are both far-reaching and promising, in the clear commitment to domestic reforms in Ukraine (art 6), extensive requirements for transparency and the planned involvement of civil society (articles 299, 443). All other things being equal (which is not a given in Ukraine’s neighbourhood), the Agreement will provide both a roadmap and a set of incentives for reforms in democratic governance, as the EU has done in the past for countries like Bulgaria, Romania or Slovakia. It will be up to Ukrainian policy makers and politicians to take this opportunity. Yet rejecting the treaty by means of a negative vote in the Netherlands, or letting it exist in some kind of legal and political limbo while the Dutch government decides how to react to a potential negative result, would sap what energy and determination exist for reforms in Ukraine. So paradoxically, if we assume that at least some of the initiators of the Dutch referendum care about democracy and citizens, their democratic impulse might kill the attempts to make democracy mean something in Ukraine. This would be a strange outcome indeed.

 

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Enlargement, EU law, Europe in the news, Euroscepticism, Future of the EU, the Netherlands

Between Scylla and Charybdis: how will the Dutch Presidency connect our Union to citizens?

The flow of refugees from the war zones around Syria has become more and more a test to the European Union. This is also the case for the Dutch government, which will have the EU Presidency in the coming months. Before the EU-Turkey summit on November 29 last year, the Second Chamber in the Dutch parliament had a firm message to Prime Minister Rutte before he left for Brussels: Turkey needs to increase its border controls and shelter refugees in Turkey, and there will be no concessions on the accession of Turkey to the EU. The Christian-Democratic MP Pieter Omtzigt remarked on the latest Commission progress report: “It is better to call this a deterioration report.”[1]

The EU-Turkey summit made it clear how many European political leaders struggle with the refugee problem. Next to a package of measures to substantially reduce the flow of refugees—including 3 billion in support for the establishment of camps, health and education—there was a promise for visa liberalization. The talks on Turkish accession will be resumed.[2] European leaders, including the Dutch Prime Minister Rutte, had to pull all the stops to make a “deal” with Turkey.

Whether the accession negotiations with Turkey will really take off is not clear. The Dutch Presidency does not want to relax any of the existing criteria for enlargement, as has declared again and again. It is also striking that the chapter that will be re-opened, does not follow the Commission’s current policy. This new policy puts the most difficult chapters at the start of negotiations, so that a candidate builds a track-record of its performance during the accession period. In the Turkish case this would include issues like respecting the rights of minorities and improving the functioning of the judiciary. Evidently, both Brussels and Ankara were not yet ready to engage in this litmus test.

The main question that arises is whether the opening of some chapters is nothing more than an attempt to polish the Turkish international reputation after the shooting down of a Russian yet. There is no real intention to let Turkey eventually join. At the same time, and this is the problematic issue, European citizens are given the impression that Turkish EU membership is still feasible. An important group of these citizens has, as confirmed by recent research, no interest whatsoever to allow Turkey join the EU.

Comparative research shows that among citizens, in addition to a Euro-positive discourse, several discourses exist that are very critical of more European integration and further enlargement.[3] In the Netherlands, but also in Germany, there are at least two critical discourses. The first one would like to empower citizens in the EU and make the Union more democratic. This discourse emphasizes a deepening of existing cooperation in which citizens should be more involved in European decision-making. Enlargement is not categorically rejected but is only relevant in the long run.

The second critical discourse is much more radical and points to all kinds of problems with the Union. Expansion has become, according to this discourse, too costly, the participants refer to the Eastern enlargement. Moreover, the discourse also points at the increased competition on the labor market, which reduced wages and contributed to higher unemployment rates. Accession of Turkey is rejected because, in the words of some these participants, “Islam and democracy do not mix.”

These discourses show that many are not ready to have Turkey play a role in the Union. Many citizens do not understand the recent move of European politicians to offer EU membership to Turkey as a possible solution for the migration crisis. The main challenge of the Dutch Presidency is to get around these two issues in a way that is understood and appreciated by European citizens. This requires broad political and popular discussion about the direction Europe is heading in a way in which citizens can be better involved. It requires a clear political debate on whether Turkey could become a EU member. It also requires a discussion with these very same citizens on migration and the current influx of refugees. This debate is not only a European one, but also a national debate, since these issues also affects national politics. This puts the Dutch Presidency for the exceptional and difficult task, both in Europe and the Netherlands, to navigate between Scylla and Charybdis. Without committing to such a debate, especially in these two difficult issues, Dutch citizens will lose confidence in European solutions, and eventually in Dutch politics.[4]

[1] http://nos.nl/artikel/2071400-strenge-opdracht-aan-rutte-voor-top-eu-turkije.html

[2] http://www.consilium.europa.eu/en/press/press-releases/2015/11/29-eu-turkey-meeting-statement/

[3] B. Steunenberg, S. Petek en C. Rüth (2011) ‘Between Reason and Emotion: Popular discourses on Turkey’s membership of the EU’ South European Society 16 (3): 449-68 (zie http://www.tandfonline.com/doi/abs/10.1080/13608746.2011.598361); A. Dimitrova, E. Kortenska en B. Steunenberg (2015) Comparing Discourses about Past and Future EU Enlargements: Core Arguments and Cleavages, MAXCAP Working Paper Series, No. 13, August 2015 (zie http://www.maxcap-project.eu/system/files/maxcap_wp_13_2.pdf).

[4] A Dutch version of this post can be found at De Hofvijfer, http://www.montesquieu-instituut.nl/id/vjzxjbs5gihk/tussen_scylla_en_charybdis_hoe_verbindt

Enlargement, Uncategorized

Time for domestic political debate on future EU enlargement

As Dutch media announced this week, a first opinion poll conducted by a public TV programme EenVandaag showed that a majority of Dutch citizens may vote against the Association agreement with Ukraine in the referendum planned for 6 April 2016. Our colleague Joop van Holsteyn, special professor in electoral research at Leiden University, has warned that it cannot be established how representative the EenVandaag polls are, as they are based on a self-selected panel of citizens. Yet he also stressed that the results suggest the 30 per cent threshold for the validity of the results of the referendum would be easily reached based on these first results. As he also noted the government has so far allocated meagre funds for campaigning, likely with the idea that citizens would not come out and vote.

This attitude by Dutch politicians, if this is indeed the government’s campaign plan, brings uncomfortable memories of their approach to the Constitutional treaty referendum, for which campaigning was both short and uninspired. We all know how this ended up.

Commission President Juncker appeared to advocate for a more pro-active approach, Juncker suggesting in an interview for the NRC Handelsblad newspaper that the government should defend the agreement they have signed. He warned that a Europe-wide crisis could be precipitated by a Dutch ‘no’ in the advisory referendum.

The arguments for the Association agreement need to be put clearly on the table and some of the myths spread by the initiators should be discussed openly. Contrary to what the initiators of the referendum have claimed, the agreement does not open the door to Ukrainian EU membership in the short or even medium term. As we have argued here, the EU has been very careful to leave relations with Ukraine open-ended. The initiators also claim that the treaty will lead to the provision of millions of financial assistance to Ukraine. They set the question of rejecting it as an issue of national identity and sovereignty, as well as material interest. As we know from public opinion analyses in Europe, perceived material interests and identity are the most important determinants of public opinion trends. So the initiators of the referendum and their arguments should be taken seriously, despite their selective approach to the facts. A rational presentation of counter-arguments may not suffice. For those of us who see the Association agreement as a useful tool for supporting much needed reforms in Ukraine, need to discuss the implications for stability and security in Europe and also the Netherlands (including migration) in case the agreement is rejected.

Furthermore, the broader implications of the politicisation of the ratification of the agreement should be considered. The EU – and the Netherlands , in the Council of Ministers -is negotiating with a number of Western Balkan candidates for membership. In mid-December 2015, the EU opened the first two chapters of negotiations with Serbia, marking some real progress after a year of stagnation. Serbs see this as a historic step, an achievement they have reached, paid for with difficult compromises over Kosovo. The opening of the next two chapters, 23 and 24: on Judiciary and Fundamental Rights and Justice, Freedom and Security, is expected to take place in the first half of 2016.

The EU’s influence on Serbian foreign policy, however, is precarious and seen by many to depend on further progress in accession negotiations. As our research in discourses on EU membership in Serbia has shown, many Serb citizens see relations with Kosovo as the most painful step their country has to take on the road to membership. The high domestic cost of concessions on Kosovo means that Serbian leaders may not be able to maintain commitment to reforms for a very long period of time. Therefore, they have set for themselves the ambitious goal to be ready for membership in 2020.

Back to the Dutch referendum and its implications for this process: if the Association agreement is rejected  – not for legal, but for political reasons some Dutch political parties may follow a negative referendum result – EU’s conditionality in enlargement would be much less credible. Serbia and other current candidates may, with good reason, ask themselves whether they are willing to pay the cost of adjusting to the EU when their accession could be put on hold in a similar referendum in the future. After all, accession treaties still require unanimity to come into force. Another good reason for Dutch political parties to campaign vigorously in the current referendum – and for the government to inform its citizens more regularly of progress and decisions reached in enlargement negotiations.

 

 

Britain, Enlargement, Euroscepticism, Public opinion

Immigration from Central and Eastern Europe fuels support for Eurosceptic parties in the UK

Combining political, demographic and economic data for the local level in the UK, we find that the presence of immigrants from Central and Eastern Europe (CEE) is related to higher voting shares cast for parties with Eurosceptic positions at the 2014 elections for the European Parliament. Evidence across Europe supports the connection between immigration from CEE and the electoral success of anti-Europe and anti-immigration political parties.

Immigration has become the top political issue in the UK. It played a pivotal role during the European Parliament elections in 2014 and it is the most-talked about issue in the build-up to the national elections in 2015.

The arrival of Eastern Europeans in the wake of the ‘Big Bang’ EU enlargement in 2004 and 2007  has a large part of the blame to take for the rising political salience of immigration for the British public. Figure 1 shows that ever since the EU accession of the first post-communist countries in 2004, immigration has been considered one of the two most important issues facing the country by a substantial proportion of British citizens, surpassing even concerns about the economy, except for the period between 2008 and 2012.

Data source: Standard Eurobarometer (59 to 82).
Data source: Standard Eurobarometer (59 to 82).

These popular concerns have swiftly made their way into the electoral arena. Some political parties like UKIP and BNP have taken strong positions in favor of restricting immigration and against the process of European integration in general. Others, like the Conservative party, have advocated restricting access of EU immigrants to the British labour market[5] while retaining an ambivalent position towards the EU. Parties with positions supportive of immigration and European integration have altogether tried to dodge the issues for fear of electoral punishment. Arguably, political and media attention to immigration (and East European immigrants in particular) have acted to reinforce the public concerns. In short, British voters care about and fear immigration, and political parties have played to, if not orchestrated, the tune.

But there is more to this story. In recent research we find evidence that higher actual levels of immigration from Central and Eastern Europe (CEE) at the local level in the UK are related to higher shares of the vote cast for Eurosceptic parties at the last European Parliament elections in 2014. In other words, British Eurosceptic parties have received, on average and other things being equal, more votes in localities with higher relative shares of East European residents.

The relationship is not easy to uncover. Looking directly into the correlation between relative local-level CEE immigration population shares and the local vote shares of Eurosceptic parties would be misleading. Immigrants do not settle randomly, but take the economic and social context of the locality into account. At the same time, this local economic and social context is related to the average support for particular parties. For example, local unemployment levels are strongly positively correlated with the  vote share for the Labour party, and the local share of highly educated people is strongly positively correlated with the vote share for the Greens (based on the 2014 EP election results). Therefore, we have to examine the possible link between CEE immigration shares and the vote for Eurosceptic parties net of the effect of the economic and social local contexts which, in technical terms, potentially confound the relationship.

In addition, immigrants themselves can vote at the EP elections and they are more likely to vote for EU-friendly parties. This would tend to attenuate any positive link between the votes of the remaining local residents and support for Eurosceptic parties. Lastly, the available local level immigration statistics track only immigrants who have been in the country longer than three months (as of 27 March 2011). Hence, they miss more recent arrivals, seasonal workers and immigrants who have not been reached by the Census at all. All these complications stack the deck against finding a positive relationship between the local presence of CEE immigrants and the vote for Eurosceptic parties. It is thus even more remarkable that we do observe one.

Figure 2: A scatterplot of the relative share of CEE immigrants from the local population versus the residual share of the vote cast for Eurosceptic parties (UKIP and BNP) at the 2014 EP elections

Figure 2 shows a scatterplot of the logged share of CEE immigrants from the local level population as of 2011 (on the horizontal axis) against the residual share of local level vote shares of Eurosceptic parties (UKIP and BNP) at the 2014 EP election (on the vertical axis). Each dot represents one locality (lower-tier council areas in England and unitary council areas in Wales and Scotland) and the size of the dot is proportional to the number of inhabitants. A few localities are labeled. The voting share is residual of all effects of the local unemployment level, and the relative shares of highly educated people, atheists, and non-Western immigrants in the population. In other words, the vertical axis shows the proportion of the vote for Eurosceptic parties unexplained by other social and economic variables.

The black straight line that best fits all observations is included as a guide to the eye. Its positive slope indicates that, on average, higher shares of CEE immigrants are related with higher Eurosceptic vote shares. Formal statistical tests show that the relationship is unlikely to be due to chance alone.

While the link is discernable from random fluctuations in the data, it is far from deterministic. Some of the localities with the highest relative shares of CEE immigrants, like Brent, have in fact only moderate Eurosceptic vote shares, and some localities with the highest share of the vote cast for Eurosceptic parties, like Hartlepool, have very low registered presence of CEE immigrants. Nevertheless, even if it only holds on average, the relationship remains substantially important.

Does this mean that people born in the UK are more likely to vote for Eurosceptic parties because they have had more contact with East Europeans? Not necessarily. Relationships at the level of individual citizens cannot be inferred from relationships at an aggregate level (otherwise, we would be committing what statisticians call ecological fallacy). In fact, there is plenty of research in psychology and sociology showing that direct and sustained contact with members of an out-group, like immigrants, can decrease prejudice and xenophobic attitudes. But research has also found that the sheer presence of an out-group, especially when direct contact is limited and the public discourse is hostile, can heighten fears and feelings of threat of the host population as well. Both mechanisms for the effect of immigration presence on integration attitudes – the positive one of direct contact and the negative one of outgroup presence – are compatible with the aggregate level relationship that we find. And they could well coexist – for a nice illustration see this article in the Guardian  together with the comments section.

Is it really the local presence of immigrants from Central and Eastern Europe in particular that leads to higher support for Eurosceptic parties? It is difficult to disentangle the effects of CEE immigrants and immigrants from other parts of the world, as their local level shares share are correlated. Yet, the relative share of non-Western immigrants from the local population appears to have a negative association with support for Eurosceptic parties across a range of statistical model specifications, while the effect of CEE immigrants remains positive no matter whether non-Western immigration has been controlled for or not.

There is also evidence for an interaction between the presence of immigrants from CEE and from other parts of the world. The red line in Figure 2 is fitted only to the localities that have lower than the median share of non-western immigrants. It is steeper than the black one which indicates that for these localities the positive effect of CEE immigrants on Eurosceptic votes is actually stronger. The blue line is fitted only to the localities with lower than the median share of non-western immigrants. It is sloping in the other direction which implies that in localities with relatively high shares of immigrants from other parts of the world, the arrival of East Europeans does not increase the vote for Eurosceptic parties.

It is interesting to note the recent statement by UKIP leader Nigel Farage that he prefers immigrants from form former British colonies like Australia and India to East Europeans. Focusing rhetorical attacks on immigrants from CEE in particular fits and makes sense in light of the story told above.

We (with Elitsa Kortenska) also find that CEE immigration increases Euroscepticism at the local level in other countries as well. In a recently published article (ungated pre-print here) we report this effect in the context of the referenda on the ill-fate European Constitution in Spain, France, and The Netherlands in 2005 and on the Treaty of Lisbon in Ireland in 2008. In ongoing work we argue that local level presence of CEE immigrants is systematically related to higher vote shares cast for Eurosceptic parties in Austria, The Netherlands, and France, in addition to the British case discussed in this post.

Why does this all matter? The process of European integration presupposes the right of people to move and work freely within the borders of the Union. This is not only a matter of convenience, but of economic necessity. People from regions experiencing economic hardship must be able to move to other EU regions with growing economies for economic integration to function. In an integrated economy like the EU or the US, a Romanian or a Greek must be free to seek employment in the UK or in Poland the same way an American living in Detroit is able to relocate to California in search of work and fortune.

This is especially true given the lack of large-scale redistribution between EU regions. Economic Integration creates regional inequalities. One way to respond is to redistribute the benefits of integration. Another is to allow people and workers to move where employment chances are currently high. If none of these mechanisms is available, economic and political integration are doomed. Therefore, if immigration within the EU indeed fuels Euroscepticism, as our study suggests, the entire European integration project is at risk.

Enlargement

Dealing with Turkey after Ukraine: could a new type of Union be forged?

The European Union’s confidence in its reach and attractiveness to its neighbours will never be the same after the events in Ukraine at the end of 2013. Even if there are few explicit signs yet that the years of inertia when the EU happily followed the tried and tested enlargement method are coming to an end, the realization must be dawning on European leaders that not only President Putin, but also other leaders of important EU neighbours are playing a different geopolitical game than the EU’s neighbourhood policy envisaged. Using enlargement as the most successful foreign policy tool the EU has had in the past decade may be dangerously inadequate in the current situation. The question is whether relations with Turkey, the largest and most geopolitically important of the countries currently negotiating for membership, should be reconsidered in the light of the dramatically changed global environment.

When former Ukrainian President Yanukovych refused to sign the long-negotiated Association agreement with the EU in Vilnius in November 2013, he appeared to EU leaders as someone who had been living in another world. And so he had. His power base was rooted in a personalized network, in a regime that had been increasingly turning from a formal democracy to an openly neo-patrimonial oligarchy. Confronted with Ukraine’s domestic elites and institutions, the European Union’s conditionality approach had a negligible impact in driving reforms. . The fact that Ukrainian elites, including the ones linked to previous President Yushchenko, were not in a hurry to implement the reforms the EU required, should have served as a wake up call for the European Union even before the Vilnius summit.

For all the differences between the EU’s Neighbourhood policy and enlargement, conditionality – trading domestic reforms for progress in negotiations – remains the cornerstone of the EU’s approach. But can it still work as it did in the past? During the Eastern enlargement of 2004-2007, there were several mechanisms underlying conditionality’s success. Next to a fairly credible accession promise on the EU’s side, domestically, both rational factors and socialization mechanisms worked to support EU demands for reform. As Central and Eastern European (CEE) politicians assured their electorates that they were working to ‘return to Europe’, rational cost-benefit calculations were strengthened by pre-existing socialization. The success of EU conditionality in Eastern Europe in the past was ultimately ensured by the fact that domestic leaders derived their own legitimation from following a path of Euro-Atlantic integration. This pre-existing socialization and the domestic institutional structure of the CEE states worked to complement EU demands and kept the process going. Such pre-existing socialization and favourable global context no longer exist for any accession candidate, with the possible exception of Serbia.

Despite the increasing resistance of candidate countries to reforming their domestic political institutions and policies, the EU’s enlargement strategy as it has evolved since 2011, includes even more ‘strict but fair’ conditionality rather than a reconsideration of it. Adding more steps in the process of accession and benchmarks for difficult chapters works when a country is well on its way to membership, as Croatia was. Despite the clear normative logic behind it, a similar approach has not worked in the negotiations of the Association agreement with Ukraine and it will most likely continue to be problematic for Turkey. Looking back at the last quarter century of enlargement, Heather Grabbe noted the EU’s gravitational pull has been remarkable, but that we have reached the end of the EU’s monopoly on transformative power . It is time to reassess the EU’s approach vis-à-vis its neighbours and partners.

What are the implications of this reassessment for relations between the EU and Turkey?

As Maniokas and Žeruolis have recently argued, enlargement is not a recipe for a successful foreign policy in general. Nowhere is this truer than for the EU and Turkey. Turkey’s negotiation process has been stuck in a stalemate since 2008. Even though formal negotiations have restarted in 2012 with a ‘positive agenda’ approach intended by the EU ‘to bring fresh dynamics into Turkey-EU relations’ and chapter 22 on regional policy has been opened, there has been no solution for the problems that led to this stalemate in the first place.

More importantly, the enlargement method does not work for the purpose of taking the next step to closer relations with Turkey demanded by the unfolding security threats in Europe, in Syria and elsewhere. The enlargement method, fixated as it is on a sequencing of chapters and harmonizing legislation with the EU’s own regulatory model, does not allow much flexibility to set different priorities. The enlargement method is not a foreign policy strategy adequate to the current situation in Europe and beyond.

The European Commission has recognized this and stressed Turkey’s role as a strategic partner in last year’s progress report. Yet at the same time, the Commission stated that the Positive Agenda adopted in 2012 is not a substitute for negotiations. However, in the light of developments in Ukraine and in Syria, we need to ask the opposite question, namely, whether negotiations are a good substitute for foreign policy. In contrast to the Commission’s view, I would argue the accession process is no longer the most suitable framework for EU-Turkey relations.

There are three main reasons for this: first, the dynamics of the accession process, second, the character and content of the acquis and third, the larger geopolitical picture in Europe and the expansion of Russian interests through, among others, the Eurasian Customs Union.

The dynamics of EU-Turkey negotiations have become largely negative, by the sheer virtue of being blocked for such a long time. Furthermore, if we accept that domestic elites and their socialization matter more than we previously realised, we need to ask ourselves whether Turkey’s new elites, led by Prime Minister, now President Recep Tayyip Erdoğan, are interested going along with EU conditions. Until a few weeks ago, this question would have been answered in the negative, based on Turkish reactions to EU criticism of the Turkish government’s handling of the Gezi park protests and their coverage in social media platforms. However, on 18 September 2014, Turkey announced a new strategy to accelerate its accession process, including constitutional reforms and a public relations campaign. While first reports of this strategy indicate a change of tone and a greater commitment to dialogue with the EU on political reform, the European Union’s ability to respond to such changes, were they indeed to take place, remains very limited.

The EU’s credibility in relation to Turkey’s accession is diminished due to the EU’s own enlargement fatigue and negative public opinion trends towards Turkey as a potential member in several large member states. Even with the rising external threats from Russia and Syria, a substantial group of EU member states still inward looking with government policies responding to electorates for whom immigration rather than external security are seen as the biggest threat.

There is, however, little doubt that the European Union should re-evaluate its relationship with all its neighbours in the light of Russia’s new expansionism. Developments in Ukraine have shown that the EU should consider President Putin’s Russia as a rival on the continent. Given the pro-active Russian stance towards Ukraine and previously Georgia, it is not too far fetched to anticipate that Putin may have an expansive strategy for other Black Sea neighbours, such as Turkey. Turkey being a NATO member and a strong military power, Russia may seek closer ties in energy and trade to attract Turkey towards its orbit.

A rapprochement between Turkey and Russia may not be as unrealistic as its sounds. For one thing, even if Russia’s takeover of the Crimea affected the Crimean Tatars considerably, Turkish official reaction to their problems has been less vigorous than could have been expected.

Furthermore, similarities between the Russian and Turkish ideas of statehood might become more important especially if Turkey continues to feel rejected by the European Union. It is possible to imagine President Erdoğan having sympathy for Putin’s drive to reassert Russia’s role in the international arena as a way to anchor his popularity at home. It is also not unlikely that Erdoğan, Turkey’s most influential conservative politician, may find common ground with Putin the conservative. The Russian President has been positioning himself as the defender of conservative values, against the European Union as the ‘overly liberal’, ‘too tolerant’ other. This social conservatism may serve as a common ideological platform between Russia and some Turkish elites as it has already served to create common ground between Putin and the European far right. The spillover to geopolitical or trade issues may be both unexpected and disastrous for the European Union.

During the Minsk summit of the Eurasian Customs Union in October last year, Kazakhstan’s President Nazarbaev was quoted as saying that Turkish Prime Minister Erdoğan had enquired about joining the Eurasian Customs Union. Such an eventuality may currently seem far-fetched, but its potential repercussions should be considered nonetheless.

Again, the recent example of Ukraine’s Association agreement with the EU and Russia’s attempts to have it amended is instructive. In September 2014, Russia attempted to re-negotiate the content and implementation of the EU-Ukraine Association Agreement and especially its trade part, arguing that the trade provisions were incompatible with Ukraine’s participation in the Eurasian Customs Union. Russia submitted а long list of amendments to the already signed agreement, the main thrust of which were demands to exclude a number of goods from its coverage, about 20 per cent of all included goods.

Current agreements regarding the Customs Union between the EU and Turkey envisage that Turkey would align itself with the acquis of the Union with regard to industrial standards. Given Russian insistence on the importance of standards used in the Eurasian Union, both trade and political incompatibilities would mean Turkey would need to choose one of the regional trade blocks, but not both.

Even if Turkey’s reported interest in the Eurasian Union may currently be just another expression of frustration with the EU and the stalemate in the accession negotiations, the very existence of the Eurasian Customs Union, means the EU will not be the only game in regional integration in Europe any more. The European Union should strengthen its relations with Turkey to prevent more serious moves in the direction of the Eurasian Union.

The enlargement process as it currently is, can become an impediment to this goal, in several ways. First of all, despite resuming negotiations in November 2013, they are viewed by an increasing number of politicians in the EU member states as open-ended. It would not be an exaggeration to call them a dead end, especially if EU’s democracy standards continue to clash with the policies of Turkish leaders on civil society or the media. Even if they take a course of implementing further reforms in democratic governance, the EU is not able to make its promise of accession a reality, given the broad differences of opinion between member states on Turkish accession.

Next to this, the process and content of accession negotiations do not allow more flexible integration where there are common interests or needs. In terms of content, the bulk of the acquis are still market regulations based on bargains struck between the member states in the past. The EU’s enlargement method does not choose between acquis areas. Differences in sequencing are hardly a solution to this. While the Commission’s enlargement strategy for the 2004-2007 accession round relied on opening ‘easy’ chapters first to build progress and momentum and the revised strategy applied to Croatia started with ‘difficult’ rule of law chapters, keeping them open to the end, neither makes much sense as a short and medium term response to the geopolitical challenges the EU and Turkey face today.

The EU should aim to make a strategy and a foreign policy for Turkey taking these current challenges, especially the violent conflict in Syria, hostilities in Eastern Ukraine and the repercussions of the sanctions against Russia, into account. This would require two substantial adjustments in current thinking. First, both European and Turkish elites have to find a way to accept that accession will not happen. This should not mean giving up on trade and the Customs Union or offending and alienating Turkish elites: just the opposite. The goal of accession should be replaced with a form of functional Union , building on the existing Customs Union and providing both sides with support in handling the geopolitical problems they are faced with. A key difference with the current approach would be that it would not be based on a sequential adoption of existing acquis chapters, but on agreements to integrate deeply in specific, narrowly defined policy areas.

The formation of such a functional Union involving cooperation in specific policy areas, next to the Customs Union would be a form of differential integration. This would involve a second adjustment to current thinking. Instead of working through the acquis, the EU and Turkey could pick the policy areas in which each partner needs cooperation with the other and start from there. Policies to deal with refugees and asylum seekers, regional support for Turkish regions affected by the Syrian conflict, a joint policy supporting the rights of Crimean Tatars, joint policy on the conflict in Ukraine and trade arrangements in response to the Russian import sanctions could each be the subject of narrow, but deep cooperation. Another cluster of integrated policies could cover aspects of security not covered by NATO, such as economic security, energy security and energy routes. The EU’s values on freedom of expression, human rights and democracy do not need to be abandoned, but could be included as part of the issue linkages which would inevitably occur during negotiations. Such a differential EU-Turkey Union would be formed on the basis of equal negotiations, rather than the asymmetric enlargement method. The substitution of more equal negotiations for the currently ineffective enlargement method may in itself send a signal to Turkey that it is taken seriously as an important partner in trade and security and an important regional geopolitical power. In these precarious times, it is crucial that policy makers in the European Union ensure that the Union has a united front with Turkey on the future of Europe.

A shorter version of this commentary has been first published in the Global Turkey in Europe series of the Istituto Affari Internazionali and can be accessed here.

Central and Eastern Europe, Enlargement, Uncategorized

#Ukraine

Only last November, the most dramatic picture of the EU’s failure to bring its message to the Ukrainian leadership was a YouTube video showing Angela Merkel telling President Yanukovich in Vilnius, ‘We expected more’. A mild, civilized and diplomatic rebuke. After the failure to sign the long negotiated Association Agreement in Vilnius and a few more days of rescue attempts, Commissioner Füle was criticized for ‘losing his cool’ and being undiplomatic when he commented on twitter that the ‘words and deeds of Ukraine’s leadership were further and further apart’. Today, the internet and news agencies are alive with shocking images of violence from the centre of Kiev. In the last weeks the Ukrainian parliament passed, with lightning speed, legislation ‘stipulating jail terms for offenses such as driving in columns of more than 5 cars, people wearing hard hats and demonstrating in uniforms and ‘not complying with the demands of legal authorities’. In an even more bizarre Orwellian twist, those near the central square in Kiev were reported to have received an sms message ‘Dear subscriber, you are registered as a participant in a mass disturbance’.

How could things go so wrong so rapidly: for Ukraine but also in terms of the ability of EU policy makers to influence events there? A small, rational part of the answer is that political regimes where the distance between informal rules and formal legislation is substantial are difficult to understand by studying only the formal legislative rules and the configuration of formal veto players. A gut feeling response suggests that the President and the opposition feel they have nothing to lose and therefore will not look for a compromise. Last but not least, the violence – which is, even in these curcumstances – not the wish of the majority of people protesting in the streets of Kiev these days – may be a sign that no one has any trust in President Yanukovich’s words any more. So Mr. Füle was right after all. One cannot help but wish that the realities of Ukraine’s political system of neopatrimonialism, a form of governance characterized by nearly complete state capture and power monopolies, (as defined by Alina Mungiu-Pippidi in a recent article in the Journal of Democracy) had been understood and acknowledged earlier.

Central and Eastern Europe, Enlargement, the Netherlands, Uncategorized

how much policy space do Schengen rules allow?

This coming Wednesday, the Bulgarian minister of the Interior Tsvetanov will be making a presentation and answering questions for the Standing Committee for Immigration, Integration and Asylum of the Dutch Parliament. It is a closed hearing, the main topic is, however, not difficult to guess when one reads that Tsvetanov’s visit is the result of request from the Bulgarian ambassador to the Netherlands. It is the thorny issue of Bulgaria’s (and Romania’s) membership in the Schengen area again and clearly the Bulgarian government feels it has a better chance of overcoming Dutch objections now that the cooperation with the PVV has come to an end. The Dutch (and possibly French) objections are almost the last obstacle to this membership, even if the Bulgarian and Romanian preparations have been overshadowed by problems with law enforcement and organized crime. Technically speaking, Bulgarian airports are ready for at least the first stage of joining Schengen and a lot of other costly preparations have been completed and may yet have a purpose, although if we see the Schengen issue as a result of mistrust from the old member states that reflects their own deep anxiety about the whole Schengen project, as in this very interesting blog post at LSE’s EUROPP blog suggests, it may still not work. As the author of the post Reuben Zaiotti, who also maintains a Schengen related blog,  has aptly put it, “Seen in this light, the Romania and Bulgaria affair is not just a cruel rite of passage, in which the two countries are enduring series of humiliating tests in order to become ‘proper’ members of the club, but also a sort of cathartic process in which current Schengen members, by vocally expressing their misgivings about the candidates, yet not rejecting their plight outright, assuage their fears and are persuaded to accept the new round of club’s expansion.”

In more practical policy terms, the question is, whether, the Bulgarian government is prepared, were it to succeed joining Schengen, for having an open border with Greece, where the crisis has brought additional challenges in terms of border control and asylum seekers. EU observer reports on the Commission’s first annual report on the Schengen area and the warnings from the EU’s border agency Frontex that the crisis makes it more difficult for Greece to cope with securing the land border with Turkey and to offer minimum conditions for asylum seekers that make it through. The Bulgarian government may find itself suddenly at the other side of the Schengen debate where member states look for means to re-introduce border checks in exceptional conditions. The Greek asylum policy will be evaluated by a Commission team in May, but we can already assume that even with the best will in the world, Greek administrative capacity cannot have increased with the crisis. Perhaps Bulgarian and Romanian policy makers should consider this prospect more carefully, although it is clear that there are no immediate remedies. This brings us to the larger debate whether the EU’s common policies leave the member states what Dani Rodrik calls sufficient domestic regulatory policy space to cope with the challenges of globalisation. Recent proposals to institutionalise temporary reimposition of border controls from Denmark, among others, may reflect such problems. The mixture between mistrust and anxiety on the part of the older member states, anti-immigrant sentiment from some and real policy problems in several parts of the Schengen area, however, makes it difficult to have a clear view of the problems and possible solutions.