Challenge

The EU imposed onerous penalties on our client, the Republic of Bulgaria. €825 million of pre-accession funds were frozen. It was a response to its alleged failure to combat corruption, organized crime and misuse of EU funds. Funds worth up to €7 billion over the next six years were also at risk. The Bulgarian government turned to Alber & Geiger for help.

Strategy

Alber & Geiger’s multi-faceted approach involved sophisticated legal analysis calibrated through a dynamic, institution sensitive communications strategy. It incorporated practical considerations like staff changes in the Bulgarian government as well as larger semantic and structural reasons for misunderstandings.

Results

Alber & Geiger was able to restore trust and confidence between the European Commission and the Bulgarian government. The result was the unfreezing of the €500 million in EU funds and the de-jeopardizing of the rest of the €7 billion.

Challenge

The Port of Belgrade’s property and investor rights were being violated by arbitrary Serbian legislation. There were limited domestic channels for these rights to be rectified and the Port of Belgrade was about to lose significant holdings. It turned to Alber & Geiger for help.

Strategy

The strategy made use of the new supra-national extraterritoriality, which post-communist states have been using to reconstitute certain rights and obligations. It addressed the EU institutions and Member States while Serbia was in the process of fulfilling its obligation to attain EU candidate status. It put forward comprehensive legal analysis that employed the entirety of the acquis communautaire, helping the legal narrative of the Serbian government and that of the Commission come together in a coherent mutually beneficial form.

Results

Alber & Geiger’s lobbing activity raised the awareness of European Parliament and the Commission towards the rights violations. We persuaded the European Commission to pressure the Serbian government into changing the content of these laws and to bring them in line with the EU acquis communautaire.

Challenge

The Maidan Square disaster on the eve of the Ukrainian Revolution and the following fall of Yanukovych’s government, triggered the Russian annexation of Crimea and a souring of the relationship between Russia and the West.

On March 5, 2014 the EU Council froze the assets of 18 former Ukrainian high-ranking officials, suspected of involvement in the Maidan Square disaster and misappropriation of state property. Among them Mykola Azarov, the former Prime Minister of Ukraine, and his son Oleksii Azarov, turned to Alber & Geiger for help.

Strategy

The strategy employed was built on an awareness of the full scope of the rule of law in Europe today, looking at the procedural fairness surrounding the sanctions. It required a subtle deployment of innovative legal arguments and emotional intelligence to navigate through the political turbulence, EU officials and peripheral actors to the institutions, for Alber & Geiger to demonstrate their innocence with strong convictions about their executive culpability.

We put forward that the freezing of funds was of a persecutive nature and not within EU competence. The three pronged approach attacked the premise of the sanctions at the right places and times. Alber & Geiger challenged the (1) legality, (2) legitimacy and (3) non-arbitrariness of the action, grasping all the potential playmakers.

Results

Ultimately the we were able to successfully get the freezing orders imposed on Oleksii Azarov removed, and considerably improve the position of Mykola Azarov. We made clear that the arbitrary targeting of individuals lacked a sufficient legal premise.

Through diligent fact finding we were able to cast doubt on the premise of the government’s alleged responsibility in the first place. We ultimately managed to help reinforce the rule of law, getting platform for the notions of fairness and equitable treatment of individuals into the public forum at a time when fairness was not an institutional priority.