European Union’s Readmission Policy in the Post-Stockholm Programme Era

Author(s):  
Türkan Ertuna Lagrand
Keyword(s):  
2019 ◽  
pp. 323-342
Author(s):  
Emek M. Uçarer

This chapter examines a European policy, Justice and Home Affairs (JHA), and its transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ, one of the newest additions to the European Union mandate, seeks to engage the EU in the areas of immigration and asylum policy as well as police and judicial cooperation. Cooperation in the AFSJ has evolved into a fully fledged and vibrant EU policy. The chapter first considers the early years of cooperation in the AFSJ and the Schengen Agreement before discussing the procedural steps taken by the Maastricht Treaty (1993), Amsterdam Treaty (1999), and Lisbon Treaty. It then turns to policy output, taking into account the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. It concludes with an overview of various challenges specific to AFSJ cooperation, with a particular focus on the EU’s post-2014 migration crisis. cooperation


2016 ◽  
Vol 24 (4) ◽  
pp. 274-290
Author(s):  
Michele Caianiello

This paper is focused on the appeal system in criminal justice, in a comparative perspective, considered from the standpoint of the defendant. Most part of the directives adopted after the 2009 Stockholm Programme in the afsj area involve issues related to the appeal stage. Appeal represents an instrument prevailingly conceived in favour of the defence. This pro-defence inclination of the appeal bears some relevant risk for the effectivity of the system, under the viewpoint of law enforcement. Some restrictions to avoid destructive strategies by the defence can be accepted. However, legal instruments devoted to preserve the self-integrity of the proceedings must be used with extreme caution. The risk is that an excessive recourse to such provisions might lead the system to disregard procedural legality, and the values protected by procedural rules, in the name of an effective ascertainment of the substantial truth.


Author(s):  
Emek M. Uçarer

This chapter examines a European policy, Justice and Home Affairs (JHA), and its transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ, one of the newest additions to the European Union mandate, seeks to engage the EU in the areas of immigration and asylum policy as well as police and judicial cooperation. Cooperation in the AFSJ has evolved into a fully fledged and vibrant EU policy. The chapter first considers the early years of cooperation in the AFSJ and the Schengen Agreement before discussing the procedural steps taken by the Maastricht Treaty (1993), Amsterdam Treaty (1999), and Lisbon Treaty. It then turns to policy output, taking into account the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. It concludes with an overview of various challenges specific to AFSJ cooperation.


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