Cini ed. European Union Politics, 2nd edition

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Chapter 19Justice and Home Affairs

• Cini (ed.) European Union Politics, 2nd edition
• OUP Online Teaching Resources

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Structure of the Lecture

• Preludes to Cooperation
• The Schengen experiment
• Maastricht and the third pillar
• Fixing the third pillar The Amsterdam and Nice
  Treaties
• Policy output Baby steps to bold agendas
• Extending JHA cooperation outwards

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Preludes to Cooperation

• Development of JHA
• Increased cross-border movements into across
  Europe
• Revitalisation of the European integration in the
  1980s (e.g. SEA)
• The Council of Europe
• The main forum for the discussion of JHA issues

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Preludes to Cooperation

• The Trevi Group
• A loose network dealing with cross-border
  terrorism through closer cooperation
• Several other groups the Judicial Cooperation
  Group, the Customs Mutual Assistance Group, the
  Ad Hoc Groups on Immigration and Organised Crime
• Four policy cluster immigration asylum policy,
  police judicial cooperation

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The Schengen Experiment

• The 1985 Schengen Agreement
• Removal of border controls
• The 1990 Schengen Implementation Convention
• The Schengen Information System (SIS)

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The Schengen Experiment

• Objectives of the Schengen Agreement
• Develop common policies which would apply to the
  Communitys external borders (e.g. visa policy)
  eventually to remove the ECs internal borders
• Cases of the UK, Ireland Denmark
• European-level cooperation in this field

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Maastricht and the Third Pillar

• The Treaty on European Union (1993)
• Third Pillar of the Union
• Nine areas of common interest
• Supranational policy Vs intergovernmental policy

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Maastricht and the Third Pillar

• Institutional Framework
• Roles of the EU institutions the Commission, the
  JHA Council, the EP the ECJ
• A five-tier negotiation framework
• Democratic deficit
• Unanimous decisions required in the third pillar
  led to deadlock

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Fixing the Third Pillar The Amsterdam and Nice
Treaties

• The Amsterdam Treaty (1999)
• Proposals for reforming JHA including enhanced
  roles for the EU institutions
• An area of freedom, security and justice (AFSJ)
• Codecision procedures the EP

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Fixing the Third Pillar The Amsterdam and Nice
Treaties

• The left-over third pillar Cooperation in
  criminal matters
• Amended Title VI including crime, terrorism, etc.
  
• The Council still retains its dominant
  decision-making function unanimity remains

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Fixing the Third Pillar The Amsterdam and Nice
Treaties

• Absorbing Schengen
• A protocol to the Amsterdam Treaty
• Special cases Denmark, the UK Ireland / new
  member countries (expect to join Schengen in
  2007)
• A multi-speed or a la carte Europe
• The Nice Treaty

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Policy output baby steps to bold agendas

• Post-Maastricht developments in policy
• Significant policy progress in the fields of
  immigration, asylum, police judicial
  cooperation
• Setting up various institutions Europol, CIREFI,
  CIREA, EDU

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Policy output baby steps to bold agendas

• Amsterdam and Tampere
• A special European Council meeting for JHA in
  Tampere, October 1999)
• A high level working group on asylum and
  immigration (HLWG)
• Creating a Common European Asylum System (CEAS)

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Policy output baby steps to bold agendas

• Developing common rules, harmonising policies,
  creating better information exchange
  cooperation, developing mutual recognition of
  judicial decisions within the EU
• The Hague programme the constitutional treaty
• Move to QMV and codecision
• The Conventions working party on JHA
  normalisation of JHA

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Extending JHA Cooperation outwards

• The development of an external dimension of JHA
• Particularly vis-à-vis the EUs neighbours
• Adopting JHA rules by new member states before
  their accession
• Further development of JHA
• Internal external border issues
• Common rules on the entry of TCNs into the EU
• Judicial and police cooperation
• Improving transparency and democratic deficit