Malta’s EU Presidency EU Presidency Malta’s Malta assumed the Presidency of the Council of the EU in January 2017 with a list of priorities ranging from migration to social Harwood inclusion, security to the single market. In addition to the challenge the Presidency represents for any Member State, small states are particularly ‘stretched’ in meeting the myriad commitments the | Moncada presidency involves. Therefore, from the outset, Malta’s Presidency represented a challenge for the Government and Public Service. In addition, Malta was also faced with several ‘external’ challenges beyond its control but which had the potential to complicate its | Malta’s EU Presidency Pace (Eds.) Pace task at the helm of the Council, including elections in key member A Study in a Small State Presidency states, the formal launch of the BREXIT process and the inauguration of the Trump administration in America; as Malta of the Council of the EU entered 2017 it truly found itself in the proverbial ‘eye of the storm’. After completing its Presidency the consensus in Malta and abroad was that the EU’s smallest state had scored highly in delivering on Editors: its priorities and that it had been a success. This book represents Mark Harwood | Stefano Moncada | Roderick Pace the first academic assessment of the Presidency and reflects the Institute for European Studies’ commitment to contributing to the body of academic knowledge on Malta and the European Union. Malta’s EU Presidency A Study into a Small State Presidency of the Council of the EU MARK HARWOOD | STEFANO MONCADA | RODERICK PACE MALTA UNIVERSITY PUBLISHING 2018 First published by Malta University Publishing 2018 maltauniversitybooks.com [email protected] Tel. 2340 8904 Printed by Progress Press Ltd Publishing Rights – Malta University Publishing Cover artwork & layout by Audrey Abela © The Institute for European Studies, University of Malta ISBN: 978-99909-44-76-1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including photocopying without the permission obtained in writing of the Institute for European Studies of the University of Malta. Enquiries concerning reproduction outside the scope of the above should be addressed to the Institute for European Studies. This book may not be circulated in any other binding, format or cover and the same conditions are imposed on anyone who acquires the book from third parties. The Institute for European Studies can be reached at the University of Malta, Tal-Qroqq, Msida MSD 2080, Malta and contact details can also be found at https://www.um.edu.mt/europeanstudies Contents Preface iii Acknowledgements iv Abbreviations and Acronyms v Notes on Contributors x Introduction 1 A Successful Small Country Presidency Chapter 1 7 Maximizing Influence by Leading the Council: Smart State Strategies for Small State Presidencies Anders Wivel Chapter 2 16 EU Migration and Asylum in the Aftermath of the 2016 Migration Crisis Berta Fernandez and Kristiina Lilleorg Chapter 3 27 Developments in the Internal Market during Malta’s Presidency Ivan Sammut Chapter 4 41 Geo-Blocking in the European Union and the Maltese Presidency Claire Ciantar Chapter 5 54 The Maltese Presidency and Social Inclusion: Malta’s Push for LGBTIQ Rights Mark Harwood Chapter 6 62 Constitutional Developments in the MENA Region during Malta’s EU Presidency Francesco Biagi Chapter 7 89 Malta’s Presidency of the EU Council: External Relations in the Presidency of a Small State Roderick Pace i Chapter 8 92 A Small State at the Wheel: Malta’s Contribution to reaching the New European Consensus on Development Milan Pajic Chapter 9 106 Neptune’s Turn: Maritime Policy During the Maltese Presidency Roderick Pace Chapter 10 119 The Parliamentary Dimension of the Council Presidency Kenneth Curmi Chapter 11 136 The EU and Relocation Petra Bishtawi INDEX 146 ii Preface The Institute for European Studies was established in 1991 as a teaching and research centre within the University of Malta. In the ensuing 25 years, 700 students have passed through the Institute and subsequently graduated with a Bachelors, Masters or Doctorate degree in European Studies. Our graduates have proceeded to populate the public service, managing the majority of Malta’s interface with the European Union, as well as being recruited by the EU institutions, international organizations, NGOs and media outlets. The Institute is justly proud of its contribution to having facilitated Malta’s membership of the Union with these highly trained graduates who have managed Malta-EU relations, whether as politicians, public servants or members of the general public who also have their role to play in the formation and operationalization of EU policy. Beyond our teaching commitment, the Institute has also maintained a strong research output, both in terms of its individual academic members as well as collectively; several series of publications have been issued throughout the years with a particular focus upon Malta and have contributed substantially to the body of academic knowledge. Recently, this included a 10-year anniversary series which analysed Malta’s experience of membership after the first decade. This paper series and others can be accessed through the Institute’s website. As with the Institute’s teaching success, the research output is testament to the unflagging commitment of two academics who created and nurtured this Institute, namely Prof. Roderick Pace (as Director of the Institute for 25 years) and Prof. Peter Xuereb (as Chairman of the Board until 2016). I would like to express a particular note of thanks to Prof. Pace. His name is synonymous with European Studies in Malta and his contribution to this volume a clear indication of his continued dedication to the Institute. This book represents the first in an annual series of publications which aim to focus attention on Malta and the EU, thus contributing to the body of academic knowledge and also providing a clear opportunity for the Institute to focus its research output in the light of important events both at a national and an EU level. It was therefore fitting that the first volume should provide the only academic assessment of the Maltese Presidency of the Council of the EU. I would like to express my thanks to Dr Stefano Moncada who, in cooperation with Prof. Pace, coordinated this exercise, my colleagues who contributed to this volume as well as the various academic contributors who peer-reviewed the chapters. Dr Mark Harwood Director Institute for European Studies University of Malta iii Acknowledgements In the preparation of this publication, at times we had to call on the help of our colleagues at the University and other institutions for advice or to carry out blind refereeing of some of the submitted texts. We would like to acknowledge the help provided to us by Dr Jelena Agranovska, lecturer Department of European and Comparative Law, Faculty of Laws, University of Malta; Dr Canan Atilgan, Director, Konrad-Adenauer-Stiftung Regional Program, Political Dialogue South Mediterranean, Tunis; Professor Simone Borg, Head of Department Environment and Resources Law at the Faculty of Laws, University of Malta; Ambassador Saviour Borg, Consultant at the Ministry for Foreign Affairs, Malta; Dr Marie Briguglio, Lecturer, Department of Economics at the Faculty of Economics, Management and Accountancy, University of Malta; Dr Jean Claude Cachia, Lecturer, Institute for European Studies, University of Malta; Dr Berta Fernandez at the International Organization for Migration (IOM). iv Abbreviations and Acronyms ACP African, Caribbean and Pacific Group of States AFET Foreign Affairs Committee of the European Parliament AMIF Asylum, Migration and Integration Fund APR Asylum Procedures Regulation AVRR Assisted Voluntary Return and Reintegration BEUC Bureau Européen des Union de Consommateurs CARD Coordinated Annual Review on Defence CCA Cyprus Consumers’ Association CEAS Common European Asylum System CFSP Common Foreign and Security Policy CERS Common European Returns System CMU Capital Markets Union CODEV Council Working Party on Development Cooperation COM European Commission COREPER Committee of Permanent Representatives COSAC Conference of Parliamentary Committees for Union Affairs of Parliaments of the European Union CPC Consumer Protection Cooperation CSDP Common Defence and Security Policy CWP Commissions’ Working Programme DG Directorate General DPEC Directive on Privacy and Electronic Communications DSM Digital Single Market DSMS Digital Single Market Strategy EADI European Association of Development and Training Institutes EAM European Agenda on Migration EASO European Asylum Support Office EBF European Broadband Fund v ECC European Consumer Centre ECD European Consensus on Development ECOWAS Economic Community of West African States EDAP European Defence Action Plan EDD European Development Days EEAS European Union External Action Service EEIP European External Investment Plan EFSI European Fund for Strategic Investment EMN European Migration Network EMOTA European eCommerce and Omni-Channel Trade Association ENISA European Union Agency for Network and Information Security EP European Parliament EPO European Patent Office EPP European People’s Party ERIN European Reintegration Network ESM European Stability Mechanism ETIAS European Travel Information and Authorization System EU European Union EUAA European Agency for Asylum Regulation EUR Euro EUMS European Union Member States