Let’s talk Schengen, and the Future of European Ideals

Photo: Oona Raisanen
Photo: Oona Raisanen

Most of the killers of Charlie Hebdo in January and of November 13th were European passport holders (read here an analysis on the terrorist attacks of November 13). So why should European leaders propose to close Schengen? And why would Europeans feel more secure behind national borders, when French nationals are killing other French citizens? The rationale in dismantling the Schengen agreement is quite ludicrous and ideologically-based. Schengen is one of the great European endeavors, like the Euro, that is facing serious scrutiny because of political unwillingness and reticences by the Member States to fully complete it by fear of losing national sovereignty. Today, the EU Member States, and their citizenries, can only blame themselves for having failed to complete such mechanisms in the name of national sauvegarde. The EU is facing its worst crises not because of its inefficiency, but rather because of its incomplete construction. No one should expect a sailing boat to sail without its sails.

Protecting the Homeland

Should Schengen be blamed for the attacks on Paris? Not at all. Schengen is a legal agreement not an actor. The open-border agreement was put into force 20 years ago and counts 22 EU Member States plus 4 non-EU states. Schengen can only succeed if its members are willing to guarantee that all the mechanisms are properly enforced. Not enough coverage has been done about the lack of police and intelligence cooperation between EU Member States. In order to enforce Schengen and guarantee its success, which implies national security, the Frontex agency was created, but has never been empowered or even properly funded. The best example is the border assistance program off the coast of Italy, wherein Frontex has a huge mandate without substantial human and material capabilities, as well as fund (read here a recent analysis on the Joint Operation Triton). In an interview for the New York Times, Jan Techau of the Carnegie Europe said “those trying to benefit from the situation, are trying to redefine the entire Schengen debate in a way that makes Schengen look like the culprit here.”

Brookings

Schengen can only be as good depending on the protection of the European common borders and neighborhoods. EU Member States have been risk-averse for too long and have free-rided their security responsibilities on NATO. Now Ukraine is split in two and is fighting a vicious civil war. Europe let Russia took Crimea almost two years ago and has yet to fully criticized such violation of international law. In the Middle East and North Africa, Europe has not followed up on its promises and short-term engagements like in Libya and Syria. Since 2011 (in the case of Libya) and 2013 (in the case of Syria), Europe has been looking the other way and avoiding to deal with the root causes of today’s crises. Now Europe is dealing with the worst migration crisis of the 21st century, and instead of seeking to address the root causes and take a human approach to welcoming refugees, EU Member States have chosen short-termism once again and blamed the other. Only Germany and Sweden have welcomed refugees in large quantity and the rest of Europe is instead talking of building fences, selecting only christian among the Syrian refugees, and so forth.

Cartoon: KAL in the Economist of November 21st, 2015
Cartoon: KAL in the Economist of November 21st, 2015

No EU Member State, at the exception of France, has been willing to participate in the war effort against ISIS and even finding a political solution for Syria. EU Member States are incapable to think strategically and refuse to spend money in their national foreign and defense policies. Instead of building an army, why not strategically pooling ressources at the European level through the empowerment of the CSDP and military industrial production (here is the link to a book on CSDP). EU Member States, France included, rather protect one military industrial sector, for short term political gain, than really building up a common army and a common industrial military complex. If EU Member States are unwilling to go it alone or simply spend money into their militaries, then the EU alternative should be the appropriate one. What the 21st century has proven to experts and leaders is that realpolitiks are well alive and shaping foreign policy decision-making. The European neighborhoods are demonstrating the need to boost-up military capabilities in order to assure the basic security of the homeland, which most EU Member States are unable to do and provide.

Falling into the Nationalist Trap

In the whole debate about freedom, empowering the state, and dismantling the core aspects of the European Union, one player has been purposely absent, British Prime Minister David Cameron. If Britain has demonstrated warmly its support to France ensuing the attacks, Cameron has been quiet and to some extent welcoming the ideological debate about the EU and Schengen. Weeks after sending his letter to President of the Council, Donald Tusk, wherein PM Cameron is asking for less human Europe and more for a trade agreement (read here an analysis on the letter), David Cameron is simply looking at European capitals offering him what he has been asking and campaigning for: less Europe and more national power. It is very unfortunate to see these attacks against the European project and the reactions from European capitals.

The Schengen agreement is one of the greatest successes and materialization of the European project. Seeing France overreacting and shifting towards an almighty executive-power led country is worrisome. The extension of the ‘state of emergency’ for an additional three months can be explained considering the existing threats representing by ISIS affiliates in the homeland and the upcoming COP-21 meeting in December. The French government does not

Photo: GettyImages/AFP
Photo: GettyImages/AFP

want to see another attack during the international climate talks as it would undermine its abilities to protect the homeland and offer a primetime moment for terrorists. France is shifting dangerously towards extreme right. The call to extent the state of emergency is one thing, but closing the borders and seeking to remove French nationality to bi-nationals are straight from the Front National playbook. Not only they violate French republican values and principles, but they validate to a scared and emotional french electorate that the policies advocated by the Front National for decades are actually legitimate. The Socialist government is empowering the extreme right and could make such fascist party even more acceptable. Marine le Pen, President of the Front National, is absolutely correct when talking to the press that the current government is implementing her policies.

Intensifying the bombing over Syria and building a coalition, which has legal legitimacy after the approval of the United Nation Security Council Resolution 2249, which condemns the terrorist attacks and calls on members states to act against ISIS, are appropriate foreign policy measures. But at home, François Hollande ought to lead by empowering the existing European mechanisms, calling for greater cooperation at the European level, and sticking to French democratic values without falling into the nationalist trap. These steps would be symbols of leadership and show to Europeans and terrorists that France is not scared and feels confident in its legal and political structures developed by President Charles de Gaulle in the early years of the Fifth Republic. For the French government and citizenry, this is not just about terrorism, but as well about how France deals with the migration crisis, the euro crisis and national social tensions and inequalities. Right now, it looks like ISIS is winning and this is well too bad. François d’Alançon, a french analyst, said about the Europe ideal and project that “it’s all gone, it’s just a big fog.”

(Copyright 2015 by Politipond. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed without permission).

Power Transition from Ashton to Mogherini

mogherini

On November 1st, 2014, the transfer of power from Catherine Ashton to Frederica Mogherini was finally official. Federica Mogherini is the third High Representative (HR), as well referred as EU foreign minister, in EU history. The first HR, Javier Solana of Spain, was appointed in 1999 and remained at the helm for two mandates (1999-2009), followed by Catherine Ashton of the UK for one mandate (2009-2014), to now Federica Mogherini of Italy (2014-).

Before drawing some expectations on what the EU under HR Mogherini may look like, one should reflect on the transition of power from one High Representative to another: Solana to Ashton to Mogherini. Out of the three High Representatives, Mogherini seats comfortably behind Solana in terms of promising situations, meaning EU Member States’ willingness to commit to EU foreign affairs, economic position of the EU, and global forces. Catherine Ashton received the worst situation possible once appointed as HR in 2009. Considering the domestic, regional and international situations, it would have been very difficult for any appointee to make it into a successful tenure.

The Position and Role of the High Representative

The position of High Representative was established at the Treaty of Amsterdam in 1997 Solana-fermeture-014and the first High Representative for the Common Foreign and Security Policy was appointed in 1999 after the European Council meeting of Cologne (for more in depth analysis on the position of the HR refer to these books, here and here). The article J.8.3 of the Amsterdam Treaty mentions the position of HR and states that the Presidency will be assisted by the HR. The description of the job requirements was very broad, as the HR ought to contribute with assistance of the Council to the “formulation, preparation, and implementation of policy decisions” on foreign and security policy matters (Official Journal of the European Union 2007: Article J.16). The HR was supposed to increase the cooperation between the various actors in Common Foreign and Security Policy (CFSP), bring coherence in the rotating processes of the six-month presidencies, and to make the EU a more visible international actor.

Until the Treaty of Lisbon (2009), the position of the HR did not evolve institutionally speaking. Javier Solana made his marks all over the position during his tenure. With Lisbon, the new position became the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission. The Lisbon Treaty made the position of HR more complex and as well cross-institutional, as the HR sits now at the Commission and at the Council, whereas before the Treaty of Lisbon, the HR was only sitting at the Secretariat of the Council. The position of the HR is now the bridge between a supranational institution, the Commission, the Member States, the Council, and the institution at the HR’s disposition, the European External Action Service (EEAS). The most important change in the position of the HR is its double-role, supranational and intergovernmental all at the same time. As opposed to her predecessor, HR Mogherini has announced her moving from the EEAS building to the Commission’s building, wherein she will be residing. The Treaty of Lisbon made the position of the HR one of the most powerful and visible figure in the Union.

From Ashton to Mogherini

A vast literature, mostly from media and think tanks, have demonstrated, since her appointment, how Catherine Ashton has been a weak HR and certainly not very savvy in dealing with foreign affairs. Cathy Ashton even describes herself as the “accidental diplomat” (O’Connor 2010). HR Ashton certainly scored some late successes with the agreement in Kosovo (despite the recent scandal over the EU mission in Kosovo) and Iran. For the rest, HR Ashton has been invisible and quiet.  As compared to Federica Mogherini, Catherine Ashton took the helm of European foreign policy at a very difficult time. One should recognize that Ashton faced three fundamental difficulties when appointed HR/VP in 2009.

First, the world markets were at their lowest after the collapse of the global financial markets in 2007. The Eurozone was already feeling the tension and several EU Member States were already showing serious signs of weakness such asPortugal, Ireland, Italy, Greece, and Spain, formerly known as the PIIGS. The future of the Union looked very bleak at that point and many thought that neither the EU nor the Euro would survive the crisis. The financial crisis, and its consequences on the eurozone, was the first real challenge ever faced by the EU. Many realized the degree of incoherence, unpreparedness in the design of the Union and its monetary union. Ultimately, the CSDP was not the priority for neither the EU nor the Member States. The Union turned into crisis-mode and let the CSDP on the side. The CSDP was after ten years of existence considered a luxury good that Member States could easily dispense themselves from, especially the European powerhouses with effective diplomatic and defense instruments. During the Solana era, Member States were committed to the CSDP experiment and were willing to spend money and contribute in terms of capabilities and humans. This was not the same under Ashton, whom had to deal with less money, less political will, and an messy world order.

Second, Ashton was being appointed right after the adoption of the Treaty of Lisbon in December 2009. The Treaty of Lisbon changed a lot the EU in terms of foreign and security policy. First, the Common Foreign and Security Policy (CFSP) – or foreign policy – and the European Security and Defense Policy (ESDP) – or European defense – were merged into the Common Security and Defense Policy (CSDP). Second, the Treaty of Lisbon established the European External Action Service (EEAS). Cathy Ashton had one year to design a new institution and make it operational. Third, the position of High Representative for Common Foreign and Security Policy was transformed into a double-hatted position, the High Representative of European Union for Foreign Affairs and Security Policy / Vice-President of the European Commission (HR/VP). Prior to Ashton, the HR was simply part of the Secretary of the Council of the EU, now the HR is not only leading a new body, the EEAS, and chairing at the Commission. The double-hatted position merges two contradictory institutional forces, inter-governmentalism and supranationalism.

Las but not least, Cathy Ashton took over European foreign policy after its first and very successful HR Javier Solana. Javier Solana, a savvy Spanish politician, was prior hisCatherine_Ashton_and_solana appointment at the helm of European foreign affairs in 1999, Secretary General of NATO from 1995 to 1999. During his leadership at the head of the Alliance, he oversaw the massive air campaign over Kosovo in 1998 and demonstrated on the international stage his savviness in working with Europe and the US. During his time at the head of European foreign policy, he was the person that pushed the ESDP from its paper-status into a civilian-military instruments seeing its first action in 2003. He has as well axiomatic during the nuclear negotiation with Iran in 2002-03, known as the EU3+1. The +1 being HR Solana, which rose the question of knowing if Solana was speaking in the name of Europe, or simply being an intermediary between the EU3 and the rest of the Union. Last, Solana finally was important in answering Kissinger’s question, “what is the phone number of Europe?”

Yes, Cathy Ashton was not the best HR/VP that European experts were dreaming about. But she embodied what the powerful EU Member States wanted, a leaderless HR/VP shifting the EU from a risk-taking EU into a risk-averse EU. EU Member States, especially France, Germany and the UK, wanted in 2009 to avoid another Solana and settled on the appointment of Ashton. For her defense, as demonstrated above, her set of cards could not really allow her to do anything positive. During her mandate, she illustrated herself more as an administrator than a strategic leader. Her clear achievement, though, is the EEAS, that she was able to create and implement in one year.

A Welcome’s Note

hq_hp_mogherini_enAs opposed to Ashton, Mogherini’ situation is much more promising and could allow her to be an effective HR/VP. She embodies a new generation of European leaders and is from Italy, a founding Member State, that wants to redeem itself after the years of crisis. Mogherini’s experience in foreign affairs is certainly greater than Ashton’s, but lesser than Solana. It will be interesting to see what Mogherini decides to focus on: foreign policy and/or defense. Will she help in strengthening the CSDP – civilian-military instrument -? Or, would she facilitate the transition to a more NATO integrated instrument? In terms of foreign policy issues, she has several important ones in her hands (see the excellent memo by Daniel Keohane, Stefan Lehne, Ulrich Speck, Jan Techau about the challenges facing HR Mogherini):

  • short-term, ebola, the direct threat of the Islamic State (IS), and Eastern violences in Ukraine. They all represent direct threats to the security of the Union.
  • mid-term, stabilizing the neighborhoods (Eastern and Southern) through economic and development assistances. Countries in Northern-Africa and Central Africa are facing serious domestic challenges that could completely destabilize the region. For the Union, it means rise of ethnic violence in Africa, illegal trafficking, rise of mass-migrations, and eventually rise of radical islamism, all these directly threatening the stability of the Union. The CSDP was created for exactly this purpose to stabilize the neighborhoods. Would it become the primary instrument for stabilization, peace-keeping, and institutional solidification?
  • long-term (well beyond her tenure), the survival of European influence in global affairs and the maintenance of its strategic role side by side with new powers like China and Brazil. Ashton did not have a long-term vision, will Mogherini have one? The EU still holds a favorable position in the current global order. Its Member States are key actors in international organizations, with France and Britain at the UN Security Council, with NATO, the WTO, the IMF – Christine Lagarde of France is leading it -, the World Bank and so forth. Multilateralism has always been a core component of European global strategy, now EU Member States have to solidify and empower these international organizations in order to keep them relevant in a more multipolar system. The EU has a role to play in the 21st century, but if it does not secure a seat in this new multipolar global order, it will simply become a second/third rank power.

In any case, Politipond wishes the best of luck to Federica Mogherini. She published on the EEAS website a simple message marking her commencement and calling for a new beginning:

Today we start a new story. The next five years will be challenging, we are all well aware of the difficulties that lie ahead of us. Our part of the world is facing one of the most complex periods of our recent history, still I believe we have all the tools and the capacity to overcome these times of tensions and crisis, and build peace, stability and prosperity all around Europe.
 
It’s up to us and we have great opportunities too. Vision, political will and teamwork can make us shape a much better future. Not only for Europe, but for the rest of the world. Today I start my mandate knowing that I can build on the good lessons we can learn from the past and counting on an excellent team: in the EEAS, in the Commission, in the Council and with all Member States. We know the next five years will be a turning point: we feel the responsibility to make the European dream come true.
 
Generations of Europeans expect from us a new beginning. So, ready to start!
 
Federica Mogherini
 
(Copyright 2014 by Politipond. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed without permission).