EUROPEAN AND
INTERNATIONAL JUSTICE,
HOME AFFAIRS AND
SECURITY POLICY
criminologie
2e bach
2021-2022
,DEEL I: BENELUX
1. ORIGIN AND HISTORICAL DEVELOPMENT
The origins of the Benelux partnership date back to the final phase of WO2 and
predominantly focused on economic matters.
In 1943 Belgium, The Netherlands and Luxembourg concluded an agreement
aimed reinforcing economic relations and facilitating monetary transactions
among them.
o Guided by economic and financial aspirations, these 3 governments
decided to set a fixed exchange rate between the Belgian-Luxembourg
franc and the Dutch guilder.
o As a sign of trust and also to help each other financially
1944 : Customs convention.
o Goal : stabilize secure and trade relations.
1951 : B & N were working together with France for the establishment of the
European Coal and Steel Community ( ECSC) and the European Economic
Community ( ECC) in 1997.
1958 : Benelux had enough experience so they took the next step and
established the so-called Benelux Economic Union (BEU). opening of the
borders
o This Union had its own institutions and would draw up its own policy.
o Because of the open borders, criminals could also move countries, so
they set up flanking measures (buiten eigen grenzen)
Treaty on extradition and judicial cooperation (uitlevering van
criminelen die al veroordeeld zijn)
Treaty on execution (opgelegde straf, herkenning door andere
landen)
BACC-treaty (Benelux Administrative and Criminal Cooperation)
The BENELUX Extradition Treaty is still highly influential today and illustrates how the
Benelux served as a model for later forms of cooperation in Europe.
For example:
o Firstly the Benelux Extradition Treaty (BET) laid the foundation of the
1974 Benelux protocol.
o Secondly in the 1990s the achievements of BENELUX in the area of
mutual recognition formed the building blocks for the Schengen
Implementation Convention.
Following the 2 conventions just mentioned, the 1986 agreement deals with trans-
border cooperation between authorities on each side of the border.
It has to be mentioned that the Benelux also deals with aspects of private
international law, adopts measures directed at preserving the environment and has
taken initiatives on youth and territorial cooperation.
A new Benelux treaty was signed in 2008: they considered it important to continue
building their common vision. The new treaty focuses on three general themes:
The international market and economic union
Sustainable development
Justice and home affairs which are systematically further elaborated on the
four year action plans.
1
, 2. INSTITUTIONAL STRUCTURE AND FUNCTION
2.1 BENELUX SECRETARIAT-GENERAL
2.1.1 Composition
The Benelux Secretariat-General is the lifeblood of the BENELUX cooperation.
It consists of 60 international managed by a Board of Secretary-generals
comprising a secretary-general of the Dutch nationality. They manage the
entire agenda.
2.1.2 Assignments and responsibilities
2008 Benelux treaty stipulate the Secretariat-General’s range of duties and tasks.
The secretariat-general coordinates the administrative tasks that follow from
the activities from the Commission, the Ministerial working groups, the Council
and the Commission’s independent experts.
It coordinates the design of the Common Work plan (Agenda)
Responsible for making proposals needed for the execution of the Benelux
Treaty.
2.1.3 Functioning
The secretariat-general is located in Brussel, functions as a neutral link between the
3 Member state governments. For the optimal functioning of the Secretariat, the
members are divided into 3 teams according to the main themes of the rejuvenated
Benelux Cooperation:
Market
Sustainable Development
Justice and Home affairs.: drug traffic, Visa issues, fraude, Euro controle route
2.2 BENELUX COMMITTEE OF MINISTERS
2.2.1 Composition
The committee of ministers consists at least one deputy of the government of each
Member state or an ad hoc appointed minister (Belgium).
The deputies are the ministers of Foreign affairs of the respective countries
but depending on the issues being discussed, Member states can also send
another deputy. So 3 in total
2.2.2 Assignments and responsibilities
The overall task of the Committee of Ministers is to take measures to ensure
the implementation of the Benelux Treaty and to accomplish the aims set out
therein.
The committee is the institution with the most decision-making power. It’s the
hard of the Benelux organisation
The agreements adopted by the committee of Ministers are the most
important legal instruments of the Benelux cooperation.
2.2.3 Functioning
The committee of Ministers convenes once every Presidency.
In case of urgent matters or emergency, the government of one Member State
can request a meeting.
Preparation by standing committee and a number of working groups
(Senningen-consultation, drug traffic)
2
, 2.3 BENELUX INTERPARLIAMENTARY CONSULTATIVE COUNCIL
Has no decision making power, it’s odd because the Belgium parliament has this
power, in most of the parliaments there is a decision making power, but not on an
international level
2.3.1 Composition
The interparliamentary consultative council (Benelux parliament), was created by the
agreement of 5 November 1955.
The Parliament was created before the actual Benelux Treaty was signed.
The Benelux Parliament consists of 49 members.
o 21 Belgian, 21 Dutch and 7 from Luxembourg
De Belgian members are elected from the federal Chambers of
Parliament and the Regional and Community Parliaments.
The Dutch members are chosen from the 2 chambers of the
Netherlands states General.
The Luxembourg members are elected from the members of the
Chambers of Deputies.
2.3.2 Assignments and responsibilities
The parliament advises, the committee of ministers, and formulates opinions directed
at the national governments on issues that closely relate to:
The formation and functioning of the economic union between the three
member states.
The cultural approximation of these 3 states.
The cooperation of the member states on foreign policy.
The unification of law.
The Benelux parliament is active in more domains than what can be considered as
the tradition Benelux package of competences.
Although the parliament in the Benelux Treaty was integrated into the Benelux
framework, it kept its wider mandate.
The Parliament has an advisory, informative, supporting and stimulating function.
By formulating recommendations to the national governments, the Parliament
stimulates the cooperation between the member states but also between member
states and Third countries.
economic, social and financial cooperation.
The parliament also cooperates internationally with supra-regional and supranational
organizations such as:
the Interregional parliamentary Council,
the Nordic council,
the Baltic assembly.
2.3.3 Functioning
The parliament meets in turn in the three capitals of the member states.
o The secretariat is housed in the Palace of Nations in Brussels.
The functioning of the Benelux Parliament resembles the functioning of a
national parliament.
The sessions are public, as well as the parliamentary acts and documents.
3
INTERNATIONAL JUSTICE,
HOME AFFAIRS AND
SECURITY POLICY
criminologie
2e bach
2021-2022
,DEEL I: BENELUX
1. ORIGIN AND HISTORICAL DEVELOPMENT
The origins of the Benelux partnership date back to the final phase of WO2 and
predominantly focused on economic matters.
In 1943 Belgium, The Netherlands and Luxembourg concluded an agreement
aimed reinforcing economic relations and facilitating monetary transactions
among them.
o Guided by economic and financial aspirations, these 3 governments
decided to set a fixed exchange rate between the Belgian-Luxembourg
franc and the Dutch guilder.
o As a sign of trust and also to help each other financially
1944 : Customs convention.
o Goal : stabilize secure and trade relations.
1951 : B & N were working together with France for the establishment of the
European Coal and Steel Community ( ECSC) and the European Economic
Community ( ECC) in 1997.
1958 : Benelux had enough experience so they took the next step and
established the so-called Benelux Economic Union (BEU). opening of the
borders
o This Union had its own institutions and would draw up its own policy.
o Because of the open borders, criminals could also move countries, so
they set up flanking measures (buiten eigen grenzen)
Treaty on extradition and judicial cooperation (uitlevering van
criminelen die al veroordeeld zijn)
Treaty on execution (opgelegde straf, herkenning door andere
landen)
BACC-treaty (Benelux Administrative and Criminal Cooperation)
The BENELUX Extradition Treaty is still highly influential today and illustrates how the
Benelux served as a model for later forms of cooperation in Europe.
For example:
o Firstly the Benelux Extradition Treaty (BET) laid the foundation of the
1974 Benelux protocol.
o Secondly in the 1990s the achievements of BENELUX in the area of
mutual recognition formed the building blocks for the Schengen
Implementation Convention.
Following the 2 conventions just mentioned, the 1986 agreement deals with trans-
border cooperation between authorities on each side of the border.
It has to be mentioned that the Benelux also deals with aspects of private
international law, adopts measures directed at preserving the environment and has
taken initiatives on youth and territorial cooperation.
A new Benelux treaty was signed in 2008: they considered it important to continue
building their common vision. The new treaty focuses on three general themes:
The international market and economic union
Sustainable development
Justice and home affairs which are systematically further elaborated on the
four year action plans.
1
, 2. INSTITUTIONAL STRUCTURE AND FUNCTION
2.1 BENELUX SECRETARIAT-GENERAL
2.1.1 Composition
The Benelux Secretariat-General is the lifeblood of the BENELUX cooperation.
It consists of 60 international managed by a Board of Secretary-generals
comprising a secretary-general of the Dutch nationality. They manage the
entire agenda.
2.1.2 Assignments and responsibilities
2008 Benelux treaty stipulate the Secretariat-General’s range of duties and tasks.
The secretariat-general coordinates the administrative tasks that follow from
the activities from the Commission, the Ministerial working groups, the Council
and the Commission’s independent experts.
It coordinates the design of the Common Work plan (Agenda)
Responsible for making proposals needed for the execution of the Benelux
Treaty.
2.1.3 Functioning
The secretariat-general is located in Brussel, functions as a neutral link between the
3 Member state governments. For the optimal functioning of the Secretariat, the
members are divided into 3 teams according to the main themes of the rejuvenated
Benelux Cooperation:
Market
Sustainable Development
Justice and Home affairs.: drug traffic, Visa issues, fraude, Euro controle route
2.2 BENELUX COMMITTEE OF MINISTERS
2.2.1 Composition
The committee of ministers consists at least one deputy of the government of each
Member state or an ad hoc appointed minister (Belgium).
The deputies are the ministers of Foreign affairs of the respective countries
but depending on the issues being discussed, Member states can also send
another deputy. So 3 in total
2.2.2 Assignments and responsibilities
The overall task of the Committee of Ministers is to take measures to ensure
the implementation of the Benelux Treaty and to accomplish the aims set out
therein.
The committee is the institution with the most decision-making power. It’s the
hard of the Benelux organisation
The agreements adopted by the committee of Ministers are the most
important legal instruments of the Benelux cooperation.
2.2.3 Functioning
The committee of Ministers convenes once every Presidency.
In case of urgent matters or emergency, the government of one Member State
can request a meeting.
Preparation by standing committee and a number of working groups
(Senningen-consultation, drug traffic)
2
, 2.3 BENELUX INTERPARLIAMENTARY CONSULTATIVE COUNCIL
Has no decision making power, it’s odd because the Belgium parliament has this
power, in most of the parliaments there is a decision making power, but not on an
international level
2.3.1 Composition
The interparliamentary consultative council (Benelux parliament), was created by the
agreement of 5 November 1955.
The Parliament was created before the actual Benelux Treaty was signed.
The Benelux Parliament consists of 49 members.
o 21 Belgian, 21 Dutch and 7 from Luxembourg
De Belgian members are elected from the federal Chambers of
Parliament and the Regional and Community Parliaments.
The Dutch members are chosen from the 2 chambers of the
Netherlands states General.
The Luxembourg members are elected from the members of the
Chambers of Deputies.
2.3.2 Assignments and responsibilities
The parliament advises, the committee of ministers, and formulates opinions directed
at the national governments on issues that closely relate to:
The formation and functioning of the economic union between the three
member states.
The cultural approximation of these 3 states.
The cooperation of the member states on foreign policy.
The unification of law.
The Benelux parliament is active in more domains than what can be considered as
the tradition Benelux package of competences.
Although the parliament in the Benelux Treaty was integrated into the Benelux
framework, it kept its wider mandate.
The Parliament has an advisory, informative, supporting and stimulating function.
By formulating recommendations to the national governments, the Parliament
stimulates the cooperation between the member states but also between member
states and Third countries.
economic, social and financial cooperation.
The parliament also cooperates internationally with supra-regional and supranational
organizations such as:
the Interregional parliamentary Council,
the Nordic council,
the Baltic assembly.
2.3.3 Functioning
The parliament meets in turn in the three capitals of the member states.
o The secretariat is housed in the Palace of Nations in Brussels.
The functioning of the Benelux Parliament resembles the functioning of a
national parliament.
The sessions are public, as well as the parliamentary acts and documents.
3
