will take place on Monday 30 May, 15:00-18:30 in Brussels.
Organisations or interest groups who wish to apply for access to the European Parliament will find the relevant information below.
Tensions have been growing between Greece and the IMF, including a highly controversial Wikileaks leaked conversation between the IMF Mission Chief for Greece and the Head of IMF’s European Department that raised issues at the highest level, with letters being exchanged between IMF’s Managing Director Cristine Lagarde and Greek Prime Minister Alexis Tsipras. Amongst these concerns, the Greek Prime Minister has questioned both the demands of the IMF, but also, indirectly, whether its participation in the 3rd Greek program is necessary or even desirable.
A brief background: The Greek Prime Minister is the leader of the Party SYRIZA, which won the majority in the January 2015 Greek elections – the first left-based, anti-austerity Party to be elected into government across the EU since the beginning of the crisis. Its electoral mandate was to renegotiate the financial assistance (loan) agreements, to sharply reshape the austerity-based conditionality of this assistance (so-called Memorandums of Understanding or MoUs), and to not accept the supervision of the programs by the so-called Troika, i.e. the European Commission, the ECB and the IMF. There were long and arduous negotiations and a Greek referendum (6 July 2015) with an outcome against further austerity measures but of questionable outcome value. On the eve of the referendum (30 June 2015), the Greek PM requested a new, 3rd Greek financial assistance program and an accompanying MoU, officially initiated in August 2015, in a somewhat dramatic policy drift from the electoral mandate of this government. Despite such drift, SYRIZA obtained a majority again in the September 2015 snap elections following through with the 3rd program.
Why, all the fuss in relation to the IMF? As opposed to the previous two Greek programs, in which the IMF participated through corresponding funding, this 3rd one was agreed only with the Eurozone Member State-based, international assistance mechanism ESM, and did not involve the IMF (the last IMF program for Greece expired on January 2016). However, the IMF participated in the drafting of the MoU with a view of providing financial assistance in the future upon satisfaction of two conditions: (1) a detailed fiscal package that provides a sustainable economic trajectory (focus on pension reform), and (2) the provision of “significant debt relief, well beyond what has been considered so far,” since “Greece’s debt has become unsustainable and that Greece cannot restore debt sustainability solely through actions on its own.”
It is clear that none of the two aforementioned conditions have been fully met. On the structural adjustment side, the Greek government is unwilling to implement even more austerity measures, especially in relation to a further reduction of pensions, after almost 6 years of consolidation. On the debt relief side, the Eurozone Member States, and particularly some such as Germany, essentially oppose any debt relief (which has been reiterated as a necessary action by the IMF), least of all any that would go further than what has already been considered (i.e. a mediocre extension of Greek debt maturities). In the meantime, the IMF considers the targets set by the Greek program as unachievable for the medium to long terms to achieve a sustainable fiscal position.
Is IMF participation then really necessary? It is worth noting on a theoretical level that IMF participation in the Eurozone in the beginning was considered unthinkable and amounting to a testament of the Eurozone’s failure, among others because of the Eurozone’s levels of growth (IMF interventions focused mostly on developing nations), as well as their antagonistic presence (in monetary/finance terms) to the USA /USA dollar. This, however, has long been abandoned as a taboo.
In the current situation, a Eurozone Member State seeking ESM assistance has to request IMF assistance too. Legally, there are two legislative instruments on the EU’s side that govern the request of financial assistance from a Eurozone Member State: the ESM Treaty, upon which the ESM is based, and the Two-Pack EU Regulation 472/2013, laying down the EU-based process relevant to a Eurozone Member State receiving financial assistance. The ESM Treaty, an international treaty concluded outside the EU legal framework, stipulates that not only is the ESM to cooperate with the IMF very closely, with the latter participating both at a financial and technical level, but also that “a euro area Member State requesting financial assistance from the ESM is expected to address, wherever possible, a similar request to the IMF” (Recital 8). Similar provisions are included in Article 13(2)(b) of the Treaty. In addition, the Troika, i.e. wherever possible the IMF as well, is formally tasked with drafting the policy conditionality outlined in the MoU and monitoring its implementation (ESM Treaty Article 13). Similar are the provisions of Regulation 472/2013, whereby a Eurozone Member State requesting financial assistance either from the ESM or the IMF is subject to Troika supervision (Recital 12, Article 7).
Pursuant to the above legal observations, there was also a clear political commitment in the Eurosummit of July 2015 (where the 3rd Greek program was agreed upon) that Greece would request a new IMF financial assistance, to run parallel to the ESM program, stipulating that “Greece will request continued IMF support (monitoring and financing) from March 2016” (emphasis added by author).
So is it necessary for the IMF to partake in the Greek program? For the IMF itself, certainly not. The legal provisions do not contain any type of reciprocity clause, and do not commit the IMF to accepting the request of the Eurozone Member State concerned; in this case Greece. However, on the EU’s side, it seems necessary for a Eurozone Member State that receives financial assistance through the ESM – such as Greece – to request similar assistance from the IMF. In either case, Greece already committed at the highest level (Eurosummit) to requesting IMF assistance and is, therefore, restrained in perceiving a request for IMF participation as optional, especially considering the importance that some Eurozone Member States, such as Germany, place on the IMF’s participation as a guarantor for the program’s efficiency and success. This is, after all, the reason for the close cooperation between the ESM and the IMF as outlined above. However, in the case that the IMF denies the provision of assistance, then there is no stipulation as to how the process unfolds, although it would seem logical that the ESM-based program would continue. What happens remains to be seen. However, clear legal limitations exist as to the options of the Greek government to reject or not apply for IMF participation.
First published on April 20, 2016 at EUI Constitutional Change Through Euro Crisis Law
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That’s because we know what ‘Remain’ in the EU means – it’s the status quo and we’ve experienced it for four decades.
But Leave?
Nobody knows; nobody can say for sure. Even those campaigning for Britain to leave the European Union cannot agree with each other on their different visions of Brexit.
And even if the ‘Leave’ campaigners could agree with each other, none of them can promise to deliver.
They are not in power, and even if they were in power, their (different) dreams of Brexit would require the agreement of over 50 countries, which would take years to negotiate, with no guarantee of the outcome.
With the exception of Russia, no major country in the world backs Britain to leave the EU.
On his visit to Britain, USA President Obama said that the EU Single Market “brings extraordinary economic benefits to the United Kingdom.” He added that being in the EU “magnifies” British influence.
If Britain left the EU, however, the President warned that it could take up to ten years to negotiate a new trade agreement between the USA and Britain.
These sentiments were echoed by US Presidential hopeful Hilary Clinton, whose spokesman told The Observer newspaper today that, “She has always valued a strong United Kingdom in a strong European Union. And she values a strong British voice in the EU.”
There are many lists showing the benefits of Britain remaining in the EU that are credible and evidence-based. That’s because we’ve been a member of the EU (previously called the EEC) for 43 years. We know what we get in the EU. We already have it.
But any lists of the benefits of Brexit have to be entirely hypothetical. Nobody knows for sure. No member state has ever left the EU.
The only honest answer is that there would be years of disruption and uncertainty before we discovered for sure what would be the advantages, if any, of Britain outside of the EU.
And now that the official Vote Leave campaign has indicated that it also wants other countries to leave, how would Britain’s Brexit negotiations fare with the EU? Our former European allies would know that Brexiters didn’t just want to close a deal with them, but to close the EU itself. (See my other article, ‘What they really want: End of the EU’)
The benefits of Britain in the EU are extensive. Here’s a summary of just some of them:
Free tradeTop of the list is that it’s only because of EU membership that Britain enjoys full free trading status with all the other member states – representing the world’s most lucrative market place, and by far our most important trading partner. As such, almost half of our exports go to the EU, and over half of our imports come from the EU.
The EU has an iron tariff wall against non-members; so would we really want to be on the wrong side of that wall as an ex-member? Even non-European countries that have negotiated ‘free trade’ agreements with the EU don’t enjoy full free trade access to Europe’s internal market, as Britain does now.
Could Britain continue to participate in full free trade if we left the EU?
We don’t know for sure, but it’s less likely.
Unless, like Norway, we were accepted as a member of EFTA/EEA. However, like Norway, we would still have to obey the rules of the EU single market (including free movement of people) and we would still have to pay an annual contribution to the EU.
And like Norway, we would have no say in those rules or the size of our annual contribution to the EU. Would there be any point to leave the EU for that?
A say in EuropeNext on the list is that as a leading member of the EU, we have a say – and votes – on the rules, laws and future direction of our continent, Europe.
Would we have that as a non-EU member?
No non-EU member has a say or vote in those rules, so it’s highly unlikely that an exception would be made for Britain. Otherwise, what would be the point of an exclusive club offering exclusive benefits for members?
Living in the EUThe right to live, work, study or retire across our continent is a precious membership benefit that around two million Britons already enjoy.
Would that right continue if we left the EU? Nobody really knows, but it’s unlikely.
The residence and other rights of Britons already living across the rest of Europe, and citizens from the rest of Europe already living in Britain, would be thrown into doubt and confusion if ‘Leave’ wins the referendum vote.
Free health care whilst travelling on business or holiday in Europe is another cherished benefit of Britain’s EU membership – that would be unlikely to continue on Brexit.
EU protectionEU laws protecting the rights of workers, consumers and travellers across the continent are probably among the most important reasons for Britain to remain an EU member.
For example, 4-weeks paid holiday a year; the 48 hour working week; anti-discrimination law; guaranteed rights for agency workers; guaranteed worker consultation – all of these protections exist because of the EU.
Would we retain those rights if Britain left the EU?
We don’t know, but it’s unlikely.
If we took away the strong armour of EU employment law, workers’ rights would be at the mercy of a Conservative government. Anyone who believes they would then be in safe hands might be in for a rude shock upon Brexit.
Consumer and traveller protection laws are also arguably much stronger as a result of EU laws than we would have enjoyed under national legislation alone.
In any event, how can a national government assure safety and protection across a continent?
The simple fact is that it can’t – it needs the reach of a pan-European intergovernmental organisation to achieve that (albeit with the democratic consensus of member states).
For example, comprehensive passenger compensation when, say, an Icelandic volcano seriously disrupts air travel – such compensation is only possible because of EU law, not national law.
Abolishing exorbitant mobile-roaming charges across Europe was also only possible because of EU law – no nation state alone could have achieved that. Europe-wide consumer protections, such as when buying products online or by phone, came about because of EU law rather than national law.
Negotiating powerBecause the EU is the world’s richest, biggest market-place, and the world’s biggest exporter and importer of manufactured goods and services, it can negotiate the best trade deals with other countries.
It’s often said that when negotiating, you get better deals if you’re the same size or bigger than your opposite number. The EU is the biggest economy – bigger than the USA, bigger than China, bigger than Japan. It has the muscle to negotiate extremely favourable trading terms with the world’s countries.
Could Britain, being considerably smaller and less important than the EU, achieve similarly good trade agreements with the world’s countries?
It’s unlikely, but in any event, it would take many years to find out after we had left the EU.
CollaborationsThere are many collaborations that take place between scientists, doctors, lawyers, accountants, etc, between EU member states that are made much easier and more effective because we’re all in the same club.
Could that continue on the same level if Britain left the EU?
Who knows..?
And of course, because of agreements and directives agreed between member states, there is considerable Europe-wide sharing of intelligence, information and practical collaboration in the fields of policing, security, defence and the prevention and combat of crime.
On BBC’s Andrew Marr show today, Home Secretary Theresa May confirmed that Britain doesn’t have open borders, not even to EU citizens. She said:
“We check people at our borders, but what matters at our borders is that you have the information about people that enables you to make that decision about whether somebody should be allowed into the UK or not.
“We are more likely to have that information if we’re inside the European Union.”
Could that co-operation continue with our EU allies if Britain left the EU? Again, nobody knows – it might, but at this stage, nobody can guarantee that it would.
Is the British electorate likely choose Brexit and all the uncertainties that option offers?
Anything is possible. However, in all the referendums so far in Britain, the electorate has never voted against the status quo.
What will be important is that everybody who can vote in the referendum does vote. That way, at least the decision about Britain’s future will be decisive.__________________________________________________
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— Jon Danzig (@Jon_Danzig) April 24, 2016
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Good evening. Let me first of all thank Prime Minister Davutoglu for the invitation to Gaziantep today. We last met in Brussels on 18 March, when we concluded an ambitious agreement between the European Union and Turkey with an aim to stem irregular migration and to create a legal avenue for refugees to seek and obtain asylum in Europe. Our visit here today is part of the follow-up to that agreement.
Combined with other actions we have taken together with the Western Balkans countries, in Greece and by stepping up our support to refugees in third countries, we are starting to see results.
Since the March agreement we have seen a sharp reduction of the illegal migration flows across the Aegean. Our return operations are working in tandem with resettlements of Syrian nationals from Turkey to EU Member States, demonstrating the desired shift from illegal to legal migration.
This is a big and complex undertaking and much work still lies ahead of us. Our visit here today gives us the opportunity to discuss with Prime Minister Davutoglu the further implementation and next steps.
Today I also had another opportunity to assess the situation with regard to the Syrian refugees in Turkey. After visiting a refugee camp in Nizip, I was pleased also to participate in the inauguration of a child protection centre in Gaziantep on the occasion of the National Sovereignty and Children's Day in Turkey. A number of other projects are currently being launched through the EU Facility for Refugees in Turkey. Programming under the Facility has been accelerated.
Beyond our cooperation on the migration crisis, we will take stock of our revitalised bilateral relations. It also includes an accelerated roadmap for visa liberalisation. The way I see it, Turkey has made good progress ahead of decisions to be taken this summer, provided that Turkey meets all the agreed benchmarks.
One of the most crucial subjects of our discussion will be the conflict in Syria and the need for political talks to get back on track. Recent attacks on civilians and the prevention of humanitarian access are cynical attempts to derail the only real chance to stop the bloodshed.
Let me conclude, Prime Minister Davutoglu, dear Ahmet, by thanking you once again for your invitation, but also for your involvement and determination.
I would just like to add that, and it is not only a formal and political assessment but it is also my very private, personal feeling also after today's visit, that today Turkey is the best example for the whole world on how we should treat refugees. No one has the right to lecture Turkey what you should do. I am very proud that we are partners. I am absolutely sure that we will succeed. There is no other way.
Donald TUSK, President of the European Council, visits Gaziantep, Turkey, together with Angela MERKEL, German Federal Chancellor and Frans TIMMERMANS, European Commission Vice-President, on 23 April 2016.
The mandate and budget of Frontex has consistently been enhanced since its inception in 2004. Since the Agency’s role under EU law has expanded, the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened as well. In this regard, the European Ombudsman and the Parliament recommended that Frontex introduced an individual complaint mechanism to handle violations of fundamental rights alleged to have occurred in the course of its operations. Moreover, the European Commission’s proposal of 15 December 2015, designing a European Border and Coast Guard System, included such a complaint instrument. Consequently, this paper analyzes to what extent the individual complaint mechanism guarantees the protection of fundamental rights and ensures that potential incidents are effectively handled by Frontex. Particularly, the strategy and instruments designed by the Regulation nº 1168/2011 of Frontex to promote the protection of fundamental rights is firstly examined. While these instruments promote respect for fundamental rights in all activities of the Agency, they do not provide individuals with an effective remedy to file a complaint against Frontex should they believe their rights have been violated. Secondly, this paper analyzes the degree to which the creation of a complaint mechanism would strengthen control of Frontex operations, given the current limitations of immigrants and asylum seekers to seek judicial redress at the Court of Justice of the European Union. Lastly, the complaint mechanism introduced in the European Border and Coast Guard System is studied as well as the limitations it presents.
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See, David Fernandez Rojo, “The Introduction of an Individual Complaint Mechanism within Frontex: Two Steps Forward, One Step Back”, Tijdschrift voor Bestuurswetenschappen en Publiekrecht, forthcoming. This paper will be presented in the doctoral conference named “Democratic legitimacy without Parliament: fact or fiction?” on May 20, 2016 in the University of Antwerp.For more information and the program, see website. For more information on the authors and TBP’s special edition, see www.legalworld.be
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Under an U.S. Army airborne exercise in Germany (Hohenfels) a Humvee broke free of its rigging and plummeting to the ground, followed by another — and another. The scene starts serenely as equipment is dropped by parachute April 11 from planes with the 173rd Airborne Brigade flying across blue skies until the first Humvee breaks free and crashes to the ground.
It's followed by a second and then a third Humvee crashing to the ground and increasing laughter on the video. The Army says nobody was hurt, and it's investigating what went wrong — and who shot the video.
Justice Secretary, Michael Gove, said as much in his keynote speech this week for Vote Leave, the official campaign which he leads, fighting for Brexit in Britain’s EU referendum.
Mr Gove said:
“Britain voting to leave will be the beginning of something potentially even more exciting – the democratic liberation of a whole continent.”
He described Britain’s departure from the EU as “a contagion” that could spread across Europe.
Reporting on Mr Gove’s speech, the BBC stated:
“Leaving the EU could also encourage others to follow suit, said Mr Gove.”
Commenting after the speech, a senior aide for the Leave campaign indicated to the Herald Scotsman that Mr Gove would be, ‘happy if Britain’s in-out referendum sparked similar polls across Europe.’
The Herald Scotsman reporter asked if Brexit would lead to the break-up of the EU as we knew it and the aide replied, “Yes.” When asked if the Out campaign hoped that it would trigger “the end of the Brussels block” the aide replied, “Certainly.”
In his speech, Mr Gove suggested that far from being the exception if Britain left the EU, it would become the norm as most other EU member states would choose to govern themselves. It was membership of the EU that was the anomaly, argued Mr Gove.
The Guardian headline was:
‘Brexit could spark democratic liberation of continent, says Gove’
The Telegraph headline:
‘Michael Gove urges EU referendum voters to trigger ‘the democratic liberation of a whole continent’
The Express headline:
‘BREXIT WILL BREAK-UP EU: Leave vote to spark domino effect across bloc, says Gove’
The Bloomberg headline:
‘U.K. Brexit Vote Would Be End of EU as We Know It, Gove Says’
The Irish Times headline:
‘Michael Gove says other EU states may leave EU’
The right-wing of the Conservative Party, which makes up the biggest support for the Vote Leave campaign, is now in tune with UKIP’s long-held ambition to see the end of the European Union.
On Talk Radio in Spain three years ago, UKIP leader Nigel Farage said that he not only wanted Britain to leave the European Union, he also wanted to see “Europe out of the European Union” – in other words, the complete disintegration of the European Single Market.
This week, Mr Farage shared a Brexit rally platform with Conservative cabinet minister, Chris Grayling, who backed Mr Farage’s chant of, “We want our country back.”
The battle lines are now starkly clear. Britain’s EU referendum is not just about whether Britain should remain in the European Union. It’s now a referendum about whether the European Union itself should continue to exist.
This is no doubt going to wake up all pro-EU supporters across the continent. What happens in Britain on 23 June could result in Brexit and EU breakup.
Britain chose not to be one of the founding members on the Union back in 1957 but joined later, in 1973.
Now Britain might be the first member state to leave the Union, with the open aspiration of the ‘Leave’ campaigners that some or all of the other EU members will follow to the EU exit.
It now seems impossible for ‘Leave’ campaigners to continue with their rhetoric that Britain could negotiate a ‘good deal’ with the European Union if the referendum results in Brexit.
EU leaders will no doubt be in a state of heightened alarm that not only could Britain’s departure from the EU trigger the downfall of the EU, but that this is actually the stated aim of Brexit campaign leaders.
For all of us who cherish the European Union as one of the most successful post-war projects, this is now a battle to ensure that Britain’s EU referendum doesn’t result in either Brexit or the end of the EU.
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The Informal Economic and Financial Affairs Council takes place on 22 and 23 April in Amsterdam.
Eurozone Ministers meet on 22 April 2016, in Amsterdam, to discuss the next steps and the timeline for the completion of the first review of Greece's economic adjustment programme, following a presentation on the state of play by the institutions.
“Digitising industry” should be more than wishful thinking and a catch phrase for eurocrats as “Europe’s pride” – traditional manufacturing and production methods have not proved immune to digital transformation; and this is for the best. Over the past year, private sector executives and decision makers from Davos to Washington D.C. have been using their brain power and time to discuss the impact of new technologies for the development of products and the future of the manufacturing sector at global level.
With the EU focusing on growth and jobs in order to maintain its competitiveness, Commission officials are no strangers to the concept of the digitisation of the European Industry. This new space, nonetheless, holds both challenges and opportunities; this is where the “Digitising European Industry Package” comes in.
In case you missed it, the Package, which was published on 19 April, is made up of four non-legislative communications and three accompanying staff working documents covering issues such as Cloud Computing, standardization, internet of things, and funding.
Making Europe strong again
In line with the Commission’s priorities and the pressure from global competitors two trends run through the documents. Firstly, the Commission identifies ‘areas where progress is to be made’ in European digital services and explains that urgent EU-level support is needed to ‘coordinate national and regional initiatives to digitise industry’. Interestingly as well, while European technology companies are trying to take over the world, there is an underlying protectionist sentiment in the texts. The Commission refers to a need to ‘open the door for new competitors’ in some data and web platforms as European businesses are concerned about being locked in with a ‘few suppliers or platform owners. An earlier draft of the package went even further, saying that European digital services had ‘major weaknesses compared to major competitors in the US’ which is why EU-level support is needed for Europe to ‘stay in and win the digital industrial race’.’
Is there space for engagement?
As with every Commission non-legislative proposal, there is an opportunity for the manufacturing sector to engage on some issues that will have a long term strategic and business impact.
Development of common standards and interoperable solutions: This is one of the Commission’s priorities and will be key for the development of the Internet of Things (IoT). New standards will cover areas such as 5G, Cloud Computing, IoT, Data technologies, and Cybersecurity; harmonised standardisation will complement internal market mechanisms and could enable European manufacturers to make their products more competitive. eHealth, smart energy, intelligent transport systems and connected and automated vehicles, including trains, advanced manufacturing, smart homes and cities, and smart farming could be some of the sectors that will benefit in the short to medium term. However, the Commission also acknowledges that standards should continue to be industry-led, voluntary and consensus-driven. This leaves space for prompt engagement, both at EU and national level.
Data protection – The Commission will propose a legislative initiative in 2016 to remove or prevent unjustified localisation requirements introduced by national legislation. Data ownership, access and re-use rules, particularly in relation to data generated by sensors and other collecting devices will be at the centre of the proposal. These are elements that are key for producers of smart devices, especially in the energy sector. The Commission also highlights possible obstacles to data flow, such as uncertainty regarding the distinction between personal and non-personal data and obstacles regarding data interoperability and reliability.
Promoting innovation – The Commission acknowledges that innovation will drive growth. For this reason it encourages new innovative research services, such as data mining, and breakthroughs in supercomputing and secure networking through the European Open Science Cloud and the use of quantum technologies. Alongside the European Data Infrastructure, the Commission believes this will contribute to the digitalisation of industry. With the manufacturing sector driving European excellence, smart cities, smart living environments, driverless cars, wearables, and mobile health will be some of the sectors that are expected to grow thanks to digitisation. Dedicated zones will be set up across Europe to test new technologies, free from some of the regulatory burdens that these sectors face when scaling up projects. As for those complaining about the lack of financial resources, the Communication mentions a number of areas where the Commission will invest Horizon 2020 funds. For example, these include €500 million focused on digital innovation hubs. This will give a boost to companies, mainly SMEs operating in these technology spheres.
Is more coming up?
Digitising the European Industry will be the gift that keeps on giving for the next few months. The next peak in activity will take place at the end of the year when the Commission will publish its initiative on the ‘free flow of data’ which could impact companies using private or public data. The Commission also makes sure that industry stakeholders stay on the bench as observers. The time to start thinking about cybersecurity implications for your firm is now, as the deadline for industry stakeholders to draw up ‘practical guidelines’ on cybersecurity in ICT standards has been set for the end of the year.
The new industrial revolution is happening now and the Commission is aiming to have the manufacturing sector at its side in order to improve the environment in which “traditional” European companies operate. Smart value chains will be at the heart of this revolution, embracing a much higher level of both automation and digitisation. While cybersecurity and data protection concerns could leave executives skeptical on the added value for the industry, the future of European manufacturing is fortunately at the mercy of tech geeks. So better start to talking to DG CONNECT in order to harness the opportunities digitisation brings along.
Ilektra Tsakalidou, Catherine Armitage, with the help of Crispin Maenpaa
Image by Malte Helligsøe