Mutual Trust and EU Accession to the ECHR: Are We Over the Opinion 2/13 Hurdle?

Insight

Abstract: After more than forty years of discussion and a decade after the CJEU struck down EU accession to the ECHR in Opinion 2/13, negotiators provisionally approved a new version of the Accession Instruments in March 2023. This Insight examines how this new draft of the Accession Instruments has addressed the mutual trust concerns...

Financing European Defence: The End of Budgetary Taboos

Insight

Abstract: Since the Treaty of Lisbon, signed in 2007, the common security and defence policy shall include the progressive framing of a common Union defence policy, which may lead to a common defence. However, the key question is the financing of such policy. To address this issue, several taboos have been progressively lifted in terms of financial...

Battles on Different Fronts: The Role of the EU in Strengthening the Response of Ukraine to Gender-based Violence, Including Conflict-related Sexual Violence, Since Russia’s Invasion

Insight

Abstract: The Insight investigates the role of the EU in promoting gender equality and freedom from gender-based violence in Ukraine in the context of Russia’s war against Ukraine. By drawing on concrete examples of developments which took place at legal, justice-related and values-based dimensions through the framework of discursive...

Between a Rock and a Hard Place: The Impact of Rule of Law Backsliding on the EU’s Response to the Russo-Ukrainian War

Insight

Abstract: In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but...

Sanctions and the Geopolitical Commission: The War over Ukraine and the Transformation of EU Governance

Insight

Abstract: As a result of the invasion of Ukraine, the Commission has been increasing its weight throughout the EU sanctions process. This transformation is visible in the formation, implementation and communication of sanctions. Formulation has become less member state-driven, implementation has undergone some steps towards centralisation, and...

The Joint Investigation Team in Ukraine: Challenges and Opportunities for the International Criminal Court

Highlight

Keywords: joint investigation team – Eurojust – Russia-Ukraine war – International Criminal Court – Office of the Prosecutor – positive complementarity.
 

A Joint Investigation Team (JIT) can be set up on the basis of an agreement between two or more member States of the European Union (EU) and/or other parties...

Bumpy Road of Ukraine Towards the EU Membership in Time of War: “Accession Through War” v “Gradual Integration”

Insight

Abstract: The candidate country status for Ukraine was justified and widely supported by the EU institutions and EU Member States because of Russia’s brutal invasion of Ukraine in February 2022. However, Ukraine’s accession to the EU is not going to be an easy ride. It is the first case in history of EU integration when a candidate country that...

The EU’s Role in Ammunition Procurement

Insight

Abstract: Russia’s invasion of Ukraine has shaken up the EU approach to defence matters. Funds have been released to help in providing Ukraine with ammunition. More interesting, the European Defence Agency (EDA) has taken up a more active role in the procurement of defence materials. While these developments are still limited, a partial...

How Does Belligerent Occupation End? Some Reflections on the Future of the Territories Occupied in the Russia-Ukraine Conflict

Highlight

Keywords: belligerent occupation – armed conflict – end – peace – Ukraine – Russia.
 

In the past months, news outlets have extensively reported on Ukraine’s more or less effective counter-offensive, as well as on renewed rumours of possible negotiations between Ukraine and Russia....

The Wave of Russian Attacks on Ukraine’s Power Infrastructures: An Opportunity to Infuse Meaningfulness into the Notion of 'Dual-use Objects'?

Insight

Abstract: The wave of attacks launched by Russia against Ukraine’s power infrastructures since October 2022 represents one of the most debated and peculiar aspects of the current international armed conflict between the two countries. Although these types of attacks cannot be labelled as unprecedented nor understudied given their frequent occurrence...

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