Enlarging the Area of Freedom, Security and Justice: Problems of Diversity and EU Instruments and Strategies

2000 ◽  
Vol 3 ◽  
pp. 301-326
Author(s):  
Jörg Monar

Ten years ago justice and home affairs (JHA) did not yet even exist as a EC/EU policy-making area. Yet—after modest beginnings in the context of the Maastricht Treaty’s “Third Pillar” in 1993—the development of EU policies in the JHA area was transformed into a fundamental treaty objective by the entry into force of the Treaty of Amsterdam on 1 May 1999, Article 2 TEU providing for the maintenance and the development of the European Union as an “area of freedom, security and justice” (AFSJ). This new integration objective was strengthened by the introduction of a range of new policy objectives, the communitarisation of asylum, immigration and other issues of the former “Third Pillar”, the incorporation of the Schengen acquis, new and more appropriate legal instruments and improved judicial control. This, and the results of the Tampere European Council of October 1999, led to a further expansion of the scope of policy-making in justice and home affairs, with dozens of new legislative acts being adopted, a considerable number of new legislative initiatives and even the establishment of new bodies—such as the prosecution agency Eurojust and the European Police College. There is no other example in the history of EC/EU integration process of an area of previously loose intergovernmental co-operation ever having made its way so quickly to the top of the Union’s political and legislative agenda.

2000 ◽  
Vol 3 ◽  
pp. 301-326 ◽  
Author(s):  
Jörg Monar

Ten years ago justice and home affairs (JHA) did not yet even exist as a EC/EU policy-making area. Yet—after modest beginnings in the context of the Maastricht Treaty’s “Third Pillar” in 1993—the development of EU policies in the JHA area was transformed into a fundamental treaty objective by the entry into force of the Treaty of Amsterdam on 1 May 1999, Article 2 TEU providing for the maintenance and the development of the European Union as an “area of freedom, security and justice” (AFSJ). This new integration objective was strengthened by the introduction of a range of new policy objectives, the communitarisation of asylum, immigration and other issues of the former “Third Pillar”, the incorporation of the Schengen acquis, new and more appropriate legal instruments and improved judicial control. This, and the results of the Tampere European Council of October 1999, led to a further expansion of the scope of policy-making in justice and home affairs, with dozens of new legislative acts being adopted, a considerable number of new legislative initiatives and even the establishment of new bodies—such as the prosecution agency Eurojust and the European Police College. There is no other example in the history of EC/EU integration process of an area of previously loose intergovernmental co-operation ever having made its way so quickly to the top of the Union’s political and legislative agenda.


2016 ◽  
Vol 9 (4) ◽  
pp. 1105 ◽  
Author(s):  
Marta Stojić-Mitrović

In this paper I would like to present Serbian migration policy concerning irregular migration and asylum in the context of the attempts of the Serbian state to become a member of the European Union. I would describe the history of the asylum system prior and after the implementation of the independent asylum system in Serbia in 2008. My presentation of the Serbian migration policy would be channelled by the analysis of some particular political issues, such as the externalization of the EU borders’ control, as well as some relevant elements of the European integration process, like visa liberalization. The second, more culturally specific dimension of the issue would be accessed through the demonstration of both legislative and public conceptualizations of the irregular migrants, asylum seekers and refugees in Serbia.


2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.


2020 ◽  
Vol 5 (01) ◽  
pp. 65-83
Author(s):  
Laode Muhamad Fathun

This paper describes the phenomenon Brexit or Britain Exit on the future of EU regionalism and its impact on Indonesia. This paper will explain in detail the reason for the emergence of a number of policies Brexit. Brexit event caused much speculation related to Brexit in the European Union. The policy is considered full controversial, some experts say that Brexit in the European Union (EU) showed the independence of Britain as an independent state. Other hand, that Britain is the "ancestor" of the Europeans was struck with the release of the policy, meaning European history can not be separated from the history of Britain. In fact the above reasons that Britain came out associated with independence as an independent state related to EU policies that are too large, as a result of the policy model is very holistic policy while Britain desire is wholistic policy, especially in the economic, political, social and cultural. In addition, the geopolitical location of the EU headquarters in Brussels who also became the dominant actor in a union policy that demands as EU countries have been involved in the formulation of development policy, including controversial is related to the ration immigrants. Other reason is the prestige associated with the currency. Although long since Britain does not fully adopt the EU rules but there is the possibility in the EU currency union can only occur with the assumption that the creation of functional perfect integration.


Author(s):  
Mark A. Pollack ◽  
Christilla Roederer-Rynning ◽  
Alasdair R. Young

The European Union represents a remarkable, ongoing experiment in the collective governance of a multinational continent of nearly 450 million citizens and 27 member states. The key aim of this volume is to understand the processes that produce EU policies: that is, the decisions (or non-decisions) by EU public authorities facing choices between alternative courses of public action. We do not advance any single theory of EU policy-making, although we do draw extensively on theories of European integration, international cooperation, comparative politics, and contemporary governance; and we identify five ‘policy modes’ operating across the 15 case study chapters in the volume. This chapter introduces the volume by summarizing our collective approach to understanding policy-making in the EU, identifying the significant developments that have impacted EU policy-making since the seventh edition of this volume, and previewing the case studies and their central findings.


2022 ◽  
pp. 244-259
Author(s):  
Sead Turcalo ◽  
Elmir Sadikovic ◽  
Elvis Fejzic

This chapter focuses on the analysis of the EU integration process of Bosnia and Herzegovina, dealing with the internal and external political challenges that country is facing on its path towards aspired EU membership. As one of the main internal challenges, the authors recognize a very pronounced ethnocracy and leaderocracy that captures democratic process, making the country unstable and unable to fulfill criteria even to achieve the status of candidate for EU membership. Furthermore, there is a strong influence of the neighboring countries, which were involved in the 1992-1995 war in Bosnia and continue to play very often an obstructive role in internal politics of Bosnia and Herzegovina. As the authors argue, in BiH, the issue of Euro-Atlantic integration is less a matter of political and economic transition, and more, it is not primarily an issue of stabilizing the peace and creating fundamental preconditions for overall development.


Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns

This chapter examines the European Commission’s functions and structure, along with its role in policy making. The Commission initiates legislation, may act as a mediator, manages some policy areas, is guardian of the Treaties, is a key actor in international relations, and the ‘conscience of the European Union’. The chapter proceeds by discussing the debate on the extent to which the Commission is an autonomous political actor or simply an agent of the member states. Finally, it analyses the increasing challenges faced by the Commission in securing effective implementation of EU policies and its response to concerns over its financial management of EU programmes.


Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns

This chapter examines two important developments in the history of the European Union (EU): the signing of the Maastricht and Amsterdam Treaties. In June 1989, the European Council agreed to European Commission President Jacques Delors’s three-stage plan for monetary union by 1999, despite British opposition. In 1991, intergovernmental conferences (IGCs) were held on both monetary union and political union. The proposals of these IGCs were incorporated into the Treaty on European Union (TEU), agreed at Maastricht in December 1991. The TEU marked a major step on the road to European integration. It committed most of the member states to adopting a single currency and introduced the concept of European citizenship, among others. This chapter considers the events leading up to the signing of the TEU, from the Maastricht negotiations to the issue of enlargement, the 1996 IGC, and the Treaty of Amsterdam.


Author(s):  
Anand Menon ◽  
Luigi Scazzieri

This chapter examines the history of the United Kingdom’s relationship with the European integration process. The chapter dissects the long-term trends in public opinion and the more contingent, short-term factors that led to the referendum vote to leave the European Union. The UK was a late joiner and therefore unable to shape the early institutional development of the EEC. British political parties and public opinion were always ambiguous about membership and increasingly Eurosceptic from the early 1990s. Yet the UK had a significant impact on the EU’s development, in the development of the single market programme and eastward enlargement. If Brexit goes through, Britain will nevertheless maintain relations with the EU in all policy areas from agriculture to energy and foreign policy. Europeanization will remain a useful theoretical tool to analyse EU–UK relations even if the UK leaves the Union.


Author(s):  
Robert Basedow

The article traces the evolution of the legal competences of the European Union (EU) in international investment regulation from the Spaak Report (1956) to the Lisbon Treaty (2009). It focuses on the question why and how the EU gradually acquired legal competences in this key domain of global economic governance. The analysis suggests that Commission entrepreneurship and spill-overs from other EU policies were the most important factors fuelling the extension of the EU’s legal competences. The Member States, on the other hand, sought to prevent a competence transfer. European business – arguably the main stakeholder – was mostly uninterested or divided regarding the EU’s role in international investment policy. The findings have implications for our perception of business lobbying in international investment policy and potentially for the legal interpretation and delimitation of the EU’s new competences.


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