1 : European and International Justice, Home Affairs and Security Policy
Schengen and European Unioin
Introduction to European justice and
home affairs integration
Justice and Home Affairs policy areas
Asylum, migration, border-crossing… (judicial cooperation in civil matters)
Criminal law/policy
(different categories of law)
o Substantive criminal law
o Criminal procedural law
o International co-operation in criminal maters
Judicial co-operation
Police and customs (law enforcement) co-operation
--> international levels have the competence to shape the national rules of law
EU limited competence for few aspects of procedural criminal law
Competence of international levels is traditionally bigger
Security
--> not all security issues are justice and home affairs related
--> security union
Principal Justice and Home Affairs cooperation levels
Levels
o Council of Europe
o European Union (EU)
o Schengen (including Prüm)
o Benelux, NATO, OSCE, G7/G20, OECD, UN
Transversal European Justice and Home Affairs integration overview
o Transversal cross-level character
Rationale : institutional and policy dynamics are interwoven
Council of Europe
Development and mandate
Goal : union in Europe
--> kind of United States of Europe (W. Churchill)
--> resulted in a number of resolutions calling for an economic and political union that would guarantee
o Safety, economic independence and social progress
o The founding of a consulting assembly chosen by national parliaments
o The drafting of a European charter for human rights
o The establishment of a court which enforces the charter through its judgements
,2 : European and International Justice, Home Affairs and Security Policy
1949 (post-war climate) Statute of the Council of Europe signed
--> important conference where important figures and politicians gathers
o Intergovernmental cooperation ( political compromise)
== between governments – decision-making power is vested in bodies composed of governmental
representatives
--> all parties are equal, no dictate from above
Committee of Ministers == decision-making body
--> ministers can decide unanimously
Parliamentary Assembly
--> advisory opinion
supranational
o Aims to strive for greater unity between the members, to protect and to realize the ideals and
principles that are their common heritage and to take care of their economic and social progress
--> achieved by
Taking initiatives to enhance democracy and the functioning of the rule of law, in which human
rights are respected
Drafting and concluding treaties on themes that concern the societies’ interests in the Member
States and that must enhance cooperation
Promoting and supporting cultural diversity
Structuring and stabilizing democratic functioning in each of the Member States
--> strict policy not to welcome states without a previous democratic political process
--> states not welcome until or for as long as their political structure did not meet the requirements
1950 ECHR | ECtHR
== the Convention for the Protection of Human Rights and Fundamental Freedoms
--> first European instrument for the protection of human rights
o ECtHR == European Court of Human Rights
Today : 46 countries
--> evolutions over time in membership
o The Statute of the Council of Europe was initially signed by ten Member States :
--> Belgium, the Netherlands, Luxembourg, France, the UK, Ireland, Italy, Denmark, Norway and Sweden
The seat of the Council of Europe == Strasbourg
o 1949-1970
--> Greece, Iceland, Turkey, Germany, Austria, Cyprus, Switzerland and Malta
o 1985
--> all Western European states are member of the Council of Europe
o Russian Federation : 28 February 1996 – 15 March 2022
--> suspension membership
Legal instruments
o Conventions, resolutions, recommendation (moral value)
--> some of the conventions are also open to non-members of the Council of Europe
o Conventions : seemingly strong, still weaknesses
States retain every right and can always freely decide to commit themselves or not.
--> none of the Member States give up their national sovereignty
In that way, none of the decisions are made by majority and imposed on dissenting
members of the Council of Europe.
200 conventions but not at all binding
--> Text has no effect until there is a sufficient number of ratifications and only then the
convention will be binding (only between those states who have ratified the convention)
Broad mandate, including penal matters/criminal matters
,3 : European and International Justice, Home Affairs and Security Policy
Judicial cooperation
Judicial co-operation in criminal matters (mother conventions)
Judicial co-operation in criminal matters & criminal policy (including aspects of substantive criminal law and
criminal procedural law) with regard to specific topics and/or particular offences
Crime and criminal policy
judicial co-operation in criminal matters /criminal policy with regard to specific topics and/or particular
offences (sometimes part of the JHA acquis)
computer-related crime & criminal procedural law connected with it, corruption, crimes against humanity/war
crimes, criminal policy/justice in general, cultural property, data protection, DNA, drugs, environmental crime,
firearms, intimidation of witnesses/rights of the defence, intolerance/racism and xenophobia, mediation,
prison, road traffic, sanctions, (sexual) offences against minors, terrorism, (victims of) violence
EC/EU institutional framework
Development European Union
PHASE 1 : European Communities and European Political Cooperation
European Communities (supranational)
--> counter reaction against the weak intergovernmental nature of the Council of Europe
Due to the intergovernmental nature of the Council of Europe, certain parties feared that it would
never be strong enough to address issues related to warfare.
--> Merger Treaty (1965) uniting the three separate communities under one
o European Coal and Steel Community (ECSC)(1951)
--> coal and steel were the war industry
--> goal : to prevent new war
--> Belgium, the Netherlands, Luxembourg, Germany, France and Italy
“High Authority”
--> supranational body that was competent to render decisions which are binding for all
Member States, as well as for the coal and steel industry itself
Common Assembly
--> later evolves to become the current European Parliament
o European Atomic Energy Community (Eurotom Treaty)(1957)
--> aimed to establish the conditions needed for a rapid development of the atomic energy industry
o European Economic Community (1957) (EEC Treaty)
--> 1967 – three communities shared one European Parliament, one Court of Justice, one Council and one
Commission
Espace judiciaire Europeén/European Political Cooperation (intergovernmental)
o between the Member States, outside the formal framework of the European Communities
PHASE 2 : Pillar structure
structuring of different tracks of integration + further development within the so-called pillar structure which
maintained the distinction between supranational and intergovernmental cooperation
Treaty on European Union (TEU) (Maastricht Treaty, February 1992)
Amsterdam Treaty (October 1997)
o changes TEC and TEU, integrates Schengen acquis (Schengen protocol)
Nice Treaty (February 2001)
PHASE 3 : Towards the current European Union
European Constitution (2004)
Lisbon/Reform Treaty (2007) (from TEU/TEC to TEU/TFEU)
, 4 : European and International Justice, Home Affairs and Security Policy
European Economic Community
realisation of an internal market
o area without internal borders in which free movement of goods, capital, services and persons is
guaranteed
o Deadline 1st January 1993
EUROPE ‘92
focus on economic and monetary integration
no competence as regards criminal law
--> challenges in regards to justice and home affairs are created by the treaty, but not solved by the treaty
Free movement of persons is also seen as a threat for police and law enforcement because this
also means free movement of criminals. Police, which still have national mandates, will be
hindered by the borders in pursuing criminals.
o however: competence to combat fraud against the EC budget on an administrative level
--> there is a hunger in some of the elites in Europe working in the commissions that one day there will
also be a competence in the European community to criminalise behaviour.
Schengen and European Unioin
Introduction to European justice and
home affairs integration
Justice and Home Affairs policy areas
Asylum, migration, border-crossing… (judicial cooperation in civil matters)
Criminal law/policy
(different categories of law)
o Substantive criminal law
o Criminal procedural law
o International co-operation in criminal maters
Judicial co-operation
Police and customs (law enforcement) co-operation
--> international levels have the competence to shape the national rules of law
EU limited competence for few aspects of procedural criminal law
Competence of international levels is traditionally bigger
Security
--> not all security issues are justice and home affairs related
--> security union
Principal Justice and Home Affairs cooperation levels
Levels
o Council of Europe
o European Union (EU)
o Schengen (including Prüm)
o Benelux, NATO, OSCE, G7/G20, OECD, UN
Transversal European Justice and Home Affairs integration overview
o Transversal cross-level character
Rationale : institutional and policy dynamics are interwoven
Council of Europe
Development and mandate
Goal : union in Europe
--> kind of United States of Europe (W. Churchill)
--> resulted in a number of resolutions calling for an economic and political union that would guarantee
o Safety, economic independence and social progress
o The founding of a consulting assembly chosen by national parliaments
o The drafting of a European charter for human rights
o The establishment of a court which enforces the charter through its judgements
,2 : European and International Justice, Home Affairs and Security Policy
1949 (post-war climate) Statute of the Council of Europe signed
--> important conference where important figures and politicians gathers
o Intergovernmental cooperation ( political compromise)
== between governments – decision-making power is vested in bodies composed of governmental
representatives
--> all parties are equal, no dictate from above
Committee of Ministers == decision-making body
--> ministers can decide unanimously
Parliamentary Assembly
--> advisory opinion
supranational
o Aims to strive for greater unity between the members, to protect and to realize the ideals and
principles that are their common heritage and to take care of their economic and social progress
--> achieved by
Taking initiatives to enhance democracy and the functioning of the rule of law, in which human
rights are respected
Drafting and concluding treaties on themes that concern the societies’ interests in the Member
States and that must enhance cooperation
Promoting and supporting cultural diversity
Structuring and stabilizing democratic functioning in each of the Member States
--> strict policy not to welcome states without a previous democratic political process
--> states not welcome until or for as long as their political structure did not meet the requirements
1950 ECHR | ECtHR
== the Convention for the Protection of Human Rights and Fundamental Freedoms
--> first European instrument for the protection of human rights
o ECtHR == European Court of Human Rights
Today : 46 countries
--> evolutions over time in membership
o The Statute of the Council of Europe was initially signed by ten Member States :
--> Belgium, the Netherlands, Luxembourg, France, the UK, Ireland, Italy, Denmark, Norway and Sweden
The seat of the Council of Europe == Strasbourg
o 1949-1970
--> Greece, Iceland, Turkey, Germany, Austria, Cyprus, Switzerland and Malta
o 1985
--> all Western European states are member of the Council of Europe
o Russian Federation : 28 February 1996 – 15 March 2022
--> suspension membership
Legal instruments
o Conventions, resolutions, recommendation (moral value)
--> some of the conventions are also open to non-members of the Council of Europe
o Conventions : seemingly strong, still weaknesses
States retain every right and can always freely decide to commit themselves or not.
--> none of the Member States give up their national sovereignty
In that way, none of the decisions are made by majority and imposed on dissenting
members of the Council of Europe.
200 conventions but not at all binding
--> Text has no effect until there is a sufficient number of ratifications and only then the
convention will be binding (only between those states who have ratified the convention)
Broad mandate, including penal matters/criminal matters
,3 : European and International Justice, Home Affairs and Security Policy
Judicial cooperation
Judicial co-operation in criminal matters (mother conventions)
Judicial co-operation in criminal matters & criminal policy (including aspects of substantive criminal law and
criminal procedural law) with regard to specific topics and/or particular offences
Crime and criminal policy
judicial co-operation in criminal matters /criminal policy with regard to specific topics and/or particular
offences (sometimes part of the JHA acquis)
computer-related crime & criminal procedural law connected with it, corruption, crimes against humanity/war
crimes, criminal policy/justice in general, cultural property, data protection, DNA, drugs, environmental crime,
firearms, intimidation of witnesses/rights of the defence, intolerance/racism and xenophobia, mediation,
prison, road traffic, sanctions, (sexual) offences against minors, terrorism, (victims of) violence
EC/EU institutional framework
Development European Union
PHASE 1 : European Communities and European Political Cooperation
European Communities (supranational)
--> counter reaction against the weak intergovernmental nature of the Council of Europe
Due to the intergovernmental nature of the Council of Europe, certain parties feared that it would
never be strong enough to address issues related to warfare.
--> Merger Treaty (1965) uniting the three separate communities under one
o European Coal and Steel Community (ECSC)(1951)
--> coal and steel were the war industry
--> goal : to prevent new war
--> Belgium, the Netherlands, Luxembourg, Germany, France and Italy
“High Authority”
--> supranational body that was competent to render decisions which are binding for all
Member States, as well as for the coal and steel industry itself
Common Assembly
--> later evolves to become the current European Parliament
o European Atomic Energy Community (Eurotom Treaty)(1957)
--> aimed to establish the conditions needed for a rapid development of the atomic energy industry
o European Economic Community (1957) (EEC Treaty)
--> 1967 – three communities shared one European Parliament, one Court of Justice, one Council and one
Commission
Espace judiciaire Europeén/European Political Cooperation (intergovernmental)
o between the Member States, outside the formal framework of the European Communities
PHASE 2 : Pillar structure
structuring of different tracks of integration + further development within the so-called pillar structure which
maintained the distinction between supranational and intergovernmental cooperation
Treaty on European Union (TEU) (Maastricht Treaty, February 1992)
Amsterdam Treaty (October 1997)
o changes TEC and TEU, integrates Schengen acquis (Schengen protocol)
Nice Treaty (February 2001)
PHASE 3 : Towards the current European Union
European Constitution (2004)
Lisbon/Reform Treaty (2007) (from TEU/TEC to TEU/TFEU)
, 4 : European and International Justice, Home Affairs and Security Policy
European Economic Community
realisation of an internal market
o area without internal borders in which free movement of goods, capital, services and persons is
guaranteed
o Deadline 1st January 1993
EUROPE ‘92
focus on economic and monetary integration
no competence as regards criminal law
--> challenges in regards to justice and home affairs are created by the treaty, but not solved by the treaty
Free movement of persons is also seen as a threat for police and law enforcement because this
also means free movement of criminals. Police, which still have national mandates, will be
hindered by the borders in pursuing criminals.
o however: competence to combat fraud against the EC budget on an administrative level
--> there is a hunger in some of the elites in Europe working in the commissions that one day there will
also be a competence in the European community to criminalise behaviour.
