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07 September 2023

Green Crimes and Ecojustice

The conference ‘Green Crimes & Ecojustice’ was held at Utrecht University in May 2023. This conference provided a unique opportunity to hear more on the increasingly important and broad fields of green criminology, environmental sociology, environmental law, political ecology, and conservation studies, and how these are engaged with the full spectrum of crimes and harms against the environment.

Professor Nigel South and Dr Daan van Uhm, coordinator of the RENFORCE Building Block on Illicit Environmental Markets, were interviewed by Gemma Venhuizen from the Dutch daily NRC Handelsblad, who wrote an article for the newspaper. A translation is shared in this blogpost.

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19 July 2023

The Foreign Subsidies Regulation: The Extraterritorial Tax Dimension

In the fourth post in the Renforce Blog Series on the Foreign Subsidies Regulation, Dionysios Pelekis looks at the notion of a “subsidy” in relation to the notion of State aid, and discusses the extraterritorial fiscal implications of the Regulation. Taxation, and the ability to carry out economic, social, and industrial policy via the tax system, is a central aspect of sovereignty. However, due to the width of the notion of a subsidy, and to the scope of the Regulation, this new instrument seems capable of affecting the tax affairs of third countries. 

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12 July 2023

The Foreign Subsidies Regulation: A Paradigm Shift in EU Competition Policy

The European Union (EU) has taken a significant step in addressing the challenges posed by foreign subsidies through the introduction of the Foreign Subsidies Regulation (FSR). The FSR, which applies from today, fills the void that existed between competition and state aid law, introducing an interdisciplinary approach to market governance. In this blogpost, the third in a special series on the FSR, Jasper Sluijs navigates some of the key aspects of this regulation and their potential consequences for EU competition law.

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12 July 2023

The Foreign Subsidies Regulation: Questions of Democratic Accountability

In the second post in a Renforce special series on the Foreign Subsidies Regulation (FSR), Thomas Verellen looks at the regulation – which applies as of today – from the angle of democratic accountability. In response to geopolitical unrest, the global expansion of state capitalism, and the climate crisis, the EU has significantly strengthened the European Commission’s unilateral trade policy toolbox. How the Commission can be held democratically accountable as it starts to yield its newfound powers, he argues, should be top of mind for everybody concerned about the democratic credentials of the European Union. The FSR cannot be seen in isolation from this broader context.

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28 June 2023

Introducing the Foreign Subsidies Regulation: New regulatory regime and enforcement powers for the EU

In this piece, the five-part RENFORCE blog series on the new Foreign Subsidies Regulation (FSR) is introduced by Urszula Jaremba.

The FSR – adopted in December 2022, and due to enter into force next week – is an extraordinary piece of EU legislation. Whereas its primary goal is to address distortions on the internal market brought on by subsidies granted by non-EU governments to undertakings active in the EU, the new rules interact and intersect with various EU regulatory regimes in the areas of antitrust, public procurement, and Common Commercial Policy. At the same time, under this novel regulatory regime, the European Commission is designated new, extensive and exclusive enforcement powers which, in turn, give rise to various questions of institutional and constitutional nature pertaining to the democratic foundations of the European Union.

Whereas this blog post offers a general introduction to this new and fascinating regulatory regime and its main features, other authors (details below) will shed light on the FSR from the perspective of their own academic disciplines.

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06 October 2022

EU sanctions against Russia: does the duty to freeze assets of listed persons also extend to their voting rights in corporations?

For Cedric Ryngaert, there are limits to the duty to freeze assets of persons listed under the EU sanctions regime against Russia. In particular, he approves of a recent decision of the District Court of Amsterdam, which held that a listed shareholder in a Dutch corporation should not be barred from voting regarding matters of corporate governance. He argues that such voting need not result in funds being transferred to Russia, which could be used to fund the war in Ukraine. Still, he believes that the Court of Justice of the EU may want to give more guidance on the matter on the basis of a preliminary ruling.

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06 July 2022

The Application of the Comparator Approach by the CJEU in Gender Recognition Cases

In November 2020, the European Commission published its LGBTIQ Equality Strategy 2020-2025, committing to improving the recognition of trans and non-binary identities, and intersex people. For Leens van Kessel, LLB student at Utrecht University, the European protection of the human rights of transgender persons would benefit from a clearer application of what she dubs the ‘comparator approach’ in CJEU cases regarding discrimination on grounds of gender recognition.

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02 May 2022

Security-driven EU-Ukraine relationships within and beyond the Eastern Neighbourhood Policy

Ukraine is ‘one of us and we want them in’, said European Commission President Ursula von der Leyen on 27 February 2022, in response to Ukraine’s bid for membership. In this post, Machiko Kanetake argues that the EU’s response regarding Ukraine’s accession should not reproduce a fundamental ambivalence underlying the EU’s relations with its eastern neighbourhood.

This post is the fifth and last in a series drawing on a RENFORCE expert seminar on the EU’s response to the war in Ukraine, held online on 8th March 2022. It follows analysis of the EU’s response to the migratory flow, the EU’s decision to provide weapons to Ukraine, the EU’s economic sanctions, and the role of social media in times of war.

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21 April 2022

The role of information and social media warfare in the Ukrainian conflict

Since the start of the Russian invasion of Ukraine, European media and social networks have been flooded with information and videos from both sides. The info-media war between Russia and Ukraine plays a key role in this conflict. For guest contributor Noemi Mena Montes, Ukraine is winning the narrative – read her blogpost to understand how.

The post is the fourth in a series drawing on a RENFORCE expert seminar on the EU’s response to the war in Ukraine, held online on 8th March 2022, and follows analysis of the EU’s response to the migratory flow from Ukraine, the EU’s decision to provide weapons to Ukraine, and the EU’s economic sanctions against Russia. Stay tuned to RENFORCE Blog for further commentary on the EU’s neighbourhood policies and Ukraine.

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19 April 2022

Defending a Rules-Based International Order? The EU’s Adoption of Restrictive Measures in Response to Russia’s Invasion of Ukraine

The EU has adopted unprecedented “massive and targeted sanctions” in response to Russia’s ‘Special Military Operation’ in Ukraine. For Alexandra Hofer, the sanctioners are demonstrating “unmatched levels of coordination” but are struggling to garner additional international support. If the objective is to change Russia’s behaviour, she argues, the EU and its partners need to be clearer about the sanctions’ objectives. However, Russia (unsurprisingly no doubt) does not perceive the sanctions as legitimate and does not appear to believe the sanctioners are willing to lift the measures.

The post is the third in a series drawing on a RENFORCE expert seminar on the EU’s response to the war in Ukraine, held online on 8th March 2022. Click here to read Salvatore Nicolosi on the EU’s response to the migratory flow from Ukraine, and here for Nathan Meershoek on the EU’s decision to provide weapons to Ukraine. Stay tuned to RENFORCE Blog for further analysis of the EU’s neighbourhood policies and Ukraine, and of coverage of the war in the media.

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13 April 2022

The EU’s response to Russia’s invasion of Ukraine: a new direction in EU defence policy or a reinforcement of military interdependence?

The EU has responded relatively fiercely to Russia’s military aggression, with the Council’s decision to deliver weapons to Ukraine even coined a ‘watershed moment’ in European integration. The EU’s involvement in the military domain is expanding rapidly. In this blogpost, Nathan Meershoek argues that the EU’s engagement should not, however, be considered ‘new’ or fundamentally different from previous defence policies. EU defence policy and military procurement regulation should, he insists, be understood and further developed as a reinforcement of national sovereignty and an addition to NATO cooperation rather than their replacement.

The post is the second in a series drawing on a RENFORCE expert seminar on the EU’s response to the war in Ukraine, held online on 8th March 2022. Click here to read Dr Salvatore Nicolosi’s take on the EU’s response to the migratory flow from Ukraine, and stay tuned to RENFORCE Blog for further analysis of the EU’s neighbourhood policies and Ukraine, the EU’s economic sanctions against Russia and the Ukraine war in the media.

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11 April 2022

The Unexpected Resurrection of the Temporary Protection Directive following Russia’s invasion of Ukraine

The unprecedented activation of the 2001 Temporary Protection Directive in the wake of the Russian invasion of Ukraine has been welcomed as a ‘smart and pragmatic response of the EU institutions’. In this post, Salvatore Nicolosi (with the assistance of Francesca Bertin) suggests a more cautious approach, highlighting the risk of States using alternative protection labels based on emergency legislative measures to downgrade their obligations under international and EU refugee law, while generating a fictitious sense of solidarity. 

Dr Nicolosi’s post is the first in a series drawing on a RENFORCE expert seminar on the EU’s response to the war in Ukraine, held online on 8th March 2022. Stay tuned to RENFORCE Blog for further analysis of the EU’s decision to provide weapons to Ukraine, the EU’s neighbourhood policies and Ukraine, the EU’s economic sanctions against Russia and the Ukraine war in the media.

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24 June 2021

EU Digital COVID Certificate: A quid pro quo for travelling

Whilst the responses of the World Health Organization and the EU to the Covid-19 pandemic seem to be aligning, there is still uncertainty as to the facilitation of free movement not only within the EU but also internationally. In this blogpost, Raluca Nedelcu and Lucky Belder argue that governments worldwide have adopted measures without concern for their long-term impact on the global economy and the UN’s Sustainable Development Goals. Public health measures such as the EU Digital COVID Certificate should take their impact on international relations into account and, in particular, measures adopted by governments should not create discrepancies and unfair advantages at an international level.

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24 June 2021

EU Digital COVID Certificate: A quid pro quo for travelling

Whilst the responses of the World Health Organization and the EU to the Covid-19 pandemic seem to be aligning, there is still uncertainty as to the facilitation of free movement not only within the EU but also internationally. In this blogpost, Raluca Nedelcu and Lucky Belder argue that governments worldwide have adopted measures without concern for their long-term impact on the global economy and the UN’s Sustainable Development Goals. Public health measures such as the EU Digital COVID Certificate should take their impact on international relations into account and, in particular, measures adopted by governments should not create discrepancies and unfair advantages at an international level.

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24 June 2021

EU Digital COVID Certificate: A quid pro quo for travelling

Whilst the responses of the World Health Organization and the EU to the Covid-19 pandemic seem to be aligning, there is still uncertainty as to the facilitation of free movement not only within the EU but also internationally. In this blogpost, Raluca Nedelcu and Lucky Belder argue that governments worldwide have adopted measures without concern for their long-term impact on the global economy and the UN’s Sustainable Development Goals. Public health measures such as the EU Digital COVID Certificate should take their impact on international relations into account and, in particular, measures adopted by governments should not create discrepancies and unfair advantages at an international level.

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