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Conditions and consequences of EU enlargement: a Polish perspective

Pusz, Sylwia
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 99340 bytes; 351 bytes; application/pdf; application/octet-stream
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Conclusion: By 30 April 2002 Poland has temporarily closed negotiations with the European Union in 23 negotiation chapters. At present negotiations are conducted in the following 7 chapters: Competition policy, Fisheries, Transport policy, Justice and home affairs, Regional policy and co-ordination of structural instruments, Agriculture, Financial and budgetary provisions. The difficulties that arise in the negotiation process result from the fact that the integration with the EU is constantly developing, and the Community law is changing. Every year there are new common arrangements, which amend and supplement present principles and rules. Of course, this creates additional challenges and difficulties for the negotiating teams. The longer the negotiations the more probable the change of the common rules and the necessity to adapt them to a moving target. In addition, negotiations are complicated by several other issues, which were irrelevant during previous enlargements of the European Union. The basic one issue that accession negotiations coincided with deep changes in the Union itself, relating to the implementation of the third stage of the Economic and Monetary Union. The Member States of the EU lost their monetary sovereignty and the possibility to use exchange rates. These competencies have been vested in the supranational financial authority - European Central Bank. It is understood that a simultaneous implementation of two very ambitious tasks...

The External Dimension of Area of Freedom, Security and Justice: Hijacker or Hostage of Cross-pillarisation?

PAWLAK, Patryk
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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The objective of this article is to investigate the issue of cross-pillarization in the context of the growing interconnection between the EU Justice and Home Affairs and other policies. At the conceptual level, the article traces the development and functioning of cross-pillarization in various contexts: legal and political, internal and international. At the analytical level, it investigates whether cross-pillarization might be used by European institutions in a strategic way in order to promote particular interests. Based on the literature on European inter- and intra-institutional politics, this article makes the case that the process of cross-pillarization has a strong politics component. The Strategy for External Dimension of Area of Freedom, Security and Justice (AFSJ) and the Passenger Name Record Agreement are used to demonstrate how the objective of cross-pillar consistency may be jeopardized by bureaucratic turf wars and conflicts over ideology or resources.

The Evolution of EU Law, 2nd ed

Fonte: Oxford University Press Publicador: Oxford University Press
Tipo: Livro
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The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future.

Justice and Home Affairs in a Globalised World: Ambitions and reality in the tale of the EU-US SWIFT Agreement

CREMONA, Marise
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento
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The EU’s policy on Justice and Home Affairs has as its objective the establishment of the Union as ‘an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States’. How does this essentially internal objective translate into international action? How does the Union respond, in an internal policy field, to external challenges? This paper will assess the ambitions and the reality of the external dimension of the EU’s policy of Justice and Home Affairs from two perspectives. The first is the close link between internal and external objectives and policies, and the implications for both EU competence and policy priorities. The second is the progressive constitutionalisation of the JHA field, its transformation from inter-governmental cooperation into a policy domain subject to the political and judicial accountability of ordinary legislative procedures. The paper is structured around a case study of the negotiation, renegotiation and eventual conclusion of the EU-US Agreement on the transfer of financial messaging data for the purpose of combating terrorism (the ‘SWIFT’ Agreement), and in particular the interplay thereby revealed between (i) different regulatory approaches to data protection in the context of international commercial transactions and the needs of private commercial undertakings; (ii) different (EU) institutional actors in the context of international action against terrorism where the EU needs to be seen as an effective actor and partner of the US; and (iii) the needs of public security and the need to provide against the risk of breaches of individual rights of data protection and privacy through the misuse of security-based powers.

Eu justice and home affairs in the context of enlargemen

KRENZLER, Horst-Günther
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Outros
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Deeper and Wider than a Common Space: European Union–Russia cooperation on migration management

KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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Works that address European Union (EU)-Russia cooperation within the overarching project of the common space of freedom, security and justice (FSJ) often look at this ‘space’ as if it were regarded by both parties as a naturally coherent field, where cooperation had to be developed evenly in all of the sub-fields. Consequently, this misperception often leads to the conclusion that EU-Russia cooperation on issues of justice and home affairs is rather unsuccessful because, on one hand, there is still no visa-free regime and, on the other hand, developments in the sphere of human rights and judicial reforms in Russia are far from being satisfactory. This article argues that in order to better appreciate the results of EU-Russia cooperation in the field of internal security, one should not analyse it in connection with EU attempts to promote human rights and democracy in Russia. Such constructivist – and somewhat idealist – view has prevented many researchers from a more pragmatic assessment that would take into account some real achievements of this cooperation that fit well with the commonly defined interests and goals in the sphere of internal security and migration management in particular. This article shows that both partners have managed to achieve much of what has been planned in the sphere of migration management. Moreover...

Multilayered Representation in the European Union: Parliaments, courts and the public sphere

Fonte: Nomos Publicador: Nomos
Tipo: Livro
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The evolving European Union brings up vital questions about where democracy is heading. The book contributes to this discussion by offering critical appraisals and constructive propositions by eminent experts engaging with the novel configuration of “multilayered representation”. Key issues are the “European Multilevel Parliamentary Field”, the role of European Jurisprudence for representation, and the emerging European public sphere.; • Editorial 5 • Preface 7 • Multilayered Representation Across the European Union in Dialogue: Introduction, Tatjana Evas / Ulrike Liebert / Christopher Lord 11 • Crisis and Mutation in the Institutions of Representation in ‘Real-Existing’ European Democracies: National and Supra-national , Philippe C. Schmitter 25 • Part I : Representation in the European Multilevel Parliamentary Field • Europe Hits Home – The Domestic Deficits of Representative Democracy in EU Affairs, Richard Bellamy / Sandra Kröger 41 • Unequal Representation in the European Parliament. A Comment on the Ruling by the German Constitutional Court on the Lisbon Treaty, Christopher Lord / Johannes Pollak 59 • Representation in Parliamentary Democracies: The European Parliament as a Deviant Case, Richard Rose 73 • A Democratic Backbone for International Organisations: The Multilevel Parliamentary Field...

The EU’s external governance of justice and home Affairs (JHA) : have Moldova's policy efforts to curb illegal migration been successful?

BARILOV, Adriana
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Migration Policy Centre; This paper first seeks to explain the EU’s modes of external governance in Justice and Home Affairs (JHA) in its Eastern neighbourhood. More specifically, it looks at attempts to curb illegal migration, with special attention to Moldova, based on the theoretical framework of the external governance concept. It, then, assesses Moldova’s efforts to successfully implement EU recommendations in the fight against illegal migration, against two criteria measuring the effectiveness of EU rule transfer: EU bargaining power and domestic factors in the third country.; The MPC is co-financed by the European University Institute and the European Union

Parliamentary Oversight of Security and Intelligence Agencies in the EU

WILLS, Aidan; VERMEULEN, Mathias
Fonte: European Parliament Publicador: European Parliament
Tipo: Livro Formato: application/pdf
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Annex B.I of the report (on page 350) "Parliamentary Scrutiny of Justice and Home Affairs Agencies" is written by Bruno DE WITTE and Jorrit J. RIJPMA. Based on research in the framework of the project 'EUDO Institutions'.; This study evaluates the oversight of national security and intelligence agencies by parliaments and specialised non-parliamentary oversight bodies, with a view to identifying good practices that can inform the European Parliament’s approach to strengthening the oversight of Europol, Eurojust, Frontex and, to a lesser extent, Sitcen. The study puts forward a series of detailed recommendations (including in the field of access to classified information) that are formulated on the basis of indepth assessments of: (1) the current functions and powers of these four bodies; (2) existing arrangements for the oversight of these bodies by the European Parliament, the Joint Supervisory Bodies and national parliaments; and (3) the legal and institutional frameworks for parliamentary and specialised oversight of security and intelligence agencies in EU Member States and other major democracies.

Bringing EU Migration Cooperation to the Eastern Neighbourhood: Convergence beyond the acquis communautaire?

HERNÁNDEZ I SAGRERA, Raül; KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf
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The European Union (EU) external cooperation in the migration field has been mostly developed in Eastern Europe. Indeed, the EU migration cooperation with Russia and Eastern Partnership countries has so far had outcomes in the issue areas of readmission, visas, border management and even labour migration. Policy Tools such as readmission agreements, visa facilitation agreements, FRONTEX working arrangements and Mobility Partnerships are being implemented gradually to the whole East European countries. Some of them have even been proposed to Belarus, a country with no contractual relations with the EU. Being this the state of affairs, this paper's objectives are twofold. Theoretically, it challenges the widespread assumption in the literature that the EU only seeks to Europeanise its neighbourhood, claiming that it also promotes international norms and the conclusion of agreements with third countries. Empirically, it analyses the evolution of the adoption of the policy tools mentioned above in the whole of the Eastern Partnership countries, in order to provide an account of the EU migration cooperation in the area. Special attention is paid to the role that other international actors - namely the International Organisation for Migration - play in the EU cooperation with Eastern Europe.

EU anti-trafficking policies : from migration and crime control to prevention and protection

RUBIO GRUNDELL, Lucrecia
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf
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Trafficking in Human Beings (THB) emerged on the EU's agenda in the mid-1990s. Since then, it has been the subject of increased media attention, intense political cooperation and much legal regulation. Despite three decades of commitment to maximizing co-operation in the fight against THB however, facts regarding prevention, prosecution and especially protection remain extremely discouraging. The upcoming adoption of the European Agenda on Migration therefore, which points to the 'fight against criminal human trafficking networks' as one of its four priorities, is promising. It may mark the stepping up the EU's efforts to implement the existing tools and cooperation in dealing with THB. Even more so, when the transitional period for the entry into force of the Lisbon Treaty's provisions regarding Justice and Home Affairs expired in December 2014. This policy brief argues however, that even though the absence of internal borders renders a European approach indispensable, the management of migration flows from third countries is not an adequate framework within which to tackle THB. In fact, the incorporation of THB into the category of migration, especially irregular migration, is arguably one of the main reasons for the lack of success of EU anti-trafficking policies to date. A revision of EU anti-trafficking policies should ensure a more inclusive decision-making process...

Governance of migration in the EU : home affairs or foreign policy?

Fonte: Martinus Nijhoff Publishers Publicador: Martinus Nijhoff Publishers
Tipo: Livro
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This issue is the outcome of a workshop on "Governance of Migration in the EU: Home Affairs or External Policy?" organised at the European University Institute on 19 October 2012.; Article 79 TFEU contains competences of the European Union to regulate immigration as an integral part of the area of freedom, security and justice. Under this purely internal competence, the Union should establish a common immigration policy aimed at the efficient management of migration flows, fair treatment of third-country nationals and fight against illegal immigration. Over the past decade, the Union has adopted a number of directives under this internal competence. Yet, both prior to the introduction of an explicit Union power to regulate immigration and currently in parallel with this power, the Union and Member States implement immigration policy externally via international agreements with third states and more subtle policy tools. The purpose of this workshop is to break with the conventional understanding of immigration as an internal policy of the Union and to look at EU’s immigration policy form the outside, discussing immigration as an external, as opposed to internal, policy of the Union. The contributors test the external component of immigration as a tool in market integration...

The Euopean Union's growing international role: closing the capability-expectations gap?

Cameron, Fraser
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 79759 bytes; 359 bytes; application/pdf; application/octet-stream
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Europeans want the EU to play a bigger international role but while the expectations of citizens remain high the Union's capabilities have only gradually improved. Nearly a decade after the CFSP was established at Maastricht, and despite playing a more assertive global and regional role, the EU continues to move forward at a slow pace in foreign and security policy. In other areas such as trad (WTO/Doha), environment (Kyoto) and development policy (Cotonou) the record is more positive. Although the EU’s involvement in Yugoslavia was a difficult learning experience, its obvious weakness in the Kosovo military campaign accelerated moves towards an EU military capability (ESDP). More recently, the EU has become the principal stabilising actor in the Balkans, a role it has played for some time in central and eastern Europe. The events of 11 September 2001 posed a major challenge for the Union. The EU was swift to express its solidarity with the US and rush through a range of measures largely in the sphere of justice and home affairs designed to combat terrorism. Although, the military campaign against terrorism exposed tensions between the larger and smaller member states and the institutions, the EU readily agreed to provide the lion's share of the peacekeeping forces for Afghanistan and the funds for its reconstruction. The Amsterdam treaty led to modest improvements in the CFSP machinery but there is renewed pressure for further reforms to ensure that CFSP remains effective in an enlarged Union of 25 member states and to strengthen the EU's voice in the international arena. Reforms are under discussion in the Convention and proposals for change will be forwarded to the IGC. It is unlikely...

Norm implementation in the enlarged European neighbourhood : justice and home affairs in Moldova and Ukraine

Peich, Xavier
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Thèse ou Mémoire numérique / Electronic Thesis or Dissertation
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L’Union européenne (UE) se sert principalement d’outils normatifs pour exercer du pouvoir sur la scène internationale, notamment par la promotion de ses propres lois et standards. Le meilleur exemple est l’élargissement de l’UE, processus ayant contribué à stabiliser l'Europe et à transformer les candidats en des démocraties de marché, notamment en promouvant un rapprochement avec les normes européennes en échange d’une perspective d’adhésion à l’UE. La Politique européenne de Voisinage (PEV) utilise les mêmes mécanismes développés lors des élargissements, notamment la promotion de réformes en échange d’incitatifs financiers. Par contre, la PEV n’offre aucune perspective d’adhésion à l’UE aux États qui y participent. Ainsi, plusieurs études ont conclu que cette politique ne pourrait engendrer les réformes escomptées. Bien que la coopération au sein de la PEV ne soit pas aussi fructueuse que lors des élargissements, on remarque que certains pays plus que d’autres ont, malgré l’absence de perspective d’adhésion, fait des changements à leur législation en conformité avec les normes européennes. En comparant la coopération dans le secteur de la Justice et des affaires intérieures en Moldavie et en Ukraine...

The External Dimension of the European Union's Area of Freedom, Security and Justice

Fonte: P.I.E. Peter Lang Publicador: P.I.E. Peter Lang
Tipo: Livro
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During the last decade the rapid growth of justice and home affairs as an internal policy making domain of the European Union has led to the Union emerging as an increasingly important international actor in this field. This book covers the institutional and legal framework of the external dimension of EU justice and home affairs; issues of policy interaction as well as specific challenges; policy responses and results in the fields of migration policy; judicial cooperation; counter-terrorism; and cooperation with major international partners. Taking into account the changes introduced by the Treaty of Lisbon as well as the priorities set by the 2010-2014 Stockholm Programme the book provides an in-depth exploration of the political and legal dynamics of a major new dimension of the EU.; Pérez Rubalcaba: Preface Sara Poli: The Institutional Setting and the Legal Toolkit Marise Cremona: EU External Action in the JHA Domain. A Legal Perspective Sandra Lavenex: Channels of Externalisation of EU Justice and Home Affairs Panos Koutrakos: The External Dimension of the AFSJ and Other EU External Policies. An Osmotic Relationship Bart Van Vooren: The Principle of Pre-emption after Opinion 1/2003 and Coherence in EU Readmission Policy Jean-Pierre Cassarino: Resilient Bilateralism in the Cooperation on Readmission Conny Rijken: The External Dimension of EU Policy on Trafficking in Human Beings Valsamis Mitsilegas: The European Union and the Implementation of International Norms in Criminal Matters Horatia Muir Watt: Recent Trends in Private International Law. The European Union and Third States Jan-Jaap Kuipers: The Exclusive External Competence of the Community under Article 81 TFEU. Lugano re-opened? Piet Eeckhout: Kadi and the EU as Instrument or Actor. Which Rule of Law for Counter-Terrorism? Monica den Boer: Soft...

The Cooperation on Justice and Home Affairs and the Enlargement of the European Union

Pivetta, Emma
Fonte: Institut Universitari d'Estudis Europeus Publicador: Institut Universitari d'Estudis Europeus
Tipo: Trabalho em Andamento Formato: application/pdf
Publicado em //2002 Português
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This working – paper will be focused on three key issues: • How will affect the enlargement to the Justice and Home Affairs Cooperation. Especially, the absortion of Schenguen Agreements and the overall JHA by the candidate countries. • The enlargement impact over the European Immigraton Policy and the specific policies carried out by the EU Member States. The main question is the free movement of persons safeguard, in order to protect external borders of European Union. • An analysis of September, 11 attacks against U.S.A might be necessary to understand the future changes on JHA policy.; Aquest treball se centrarà en tres qüestions clau: • Com afectarà l'ampliació a la JCoperació en ustícia i Afers d'Interior. Especialment, l'absorció dels Acords de Schenguen i la JAI general pels països candidats. • L' impacte de l'ampliació sobre la política europea d'immigració i les polítiques específiques dutes a terme pels Estats membres de la UE. La qüestió principal és la lliure circulació de les persones, per tal de protegir les fronteres exteriors de la Unió Europea. • Una anàlisi dels atacs de l'11 de setembre contra els EUA podria ser necessària per entendre els canvis futurs en la política JAI.

Leverage and limitations of the EU’s influence in the eastern neighbourhood : a study of compliance with the EU’s justice and home affairs' standards in Georgia, Moldova and Ukraine

Bennett, Hanna
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em /03/2012 Português
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When the European Neighbourhood Policy (ENP) was launched in 2004 expectations of its potential were low because it lacks the ability to offer EU membership as an incentive, which was found to be pivotal for the EU to have influence in the Central and Eastern European Countries (CEECs). Nevertheless, progress reports have demonstrated that some convergence toward the EU standards has taken place in the neighbouring countries. This research seeks to understand under which conditions compliance takes place, what explains the variation in (non)compliance with the EU standards in the area of Justice and Home Affairs (JHA) and what influence does the EU have. It examines formal and behavioural compliance with the EU action plan recommendations in the area of border guard reform, readmission agreement, asylum and refugee protection, and criminalisation of human trafficking in Georgia, Moldova and Ukraine. The three states have all expressed interest in EU membership, but they vary in their potential to be considered as candidates and in their identification with the EU. Rather than assuming that the EU’s influence is low in the neighbourhood because it cannot offer a certain membership incentive, this research studies the problem by focusing on a combination of explanatory factors drawn from rational choice and sociological/constructivist institutionalism both at the macro level (strength of membership prospect and identification with the EU) and at the issue-specific levels. The research demonstrates that the EU’s influence is differential and dependent on domestic...

Politics and policy making at the 1996-1997 European Union Intergovernmental Conference.

Smith, Brendan Patrick Gerard
Fonte: London School of Economics and Political Science Thesis Publicador: London School of Economics and Political Science Thesis
Tipo: Thesis; NonPeerReviewed Formato: application/pdf
Publicado em //1999 Português
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The thesis analyses the negotiations at the 1996-97 Intergovernmental Conference (IGC) of the European Union (EU) and outlines an array of ideas, interests and issues at stake for the actors involved. The thesis has three objectives: (1) to explain the 1996-97 IGC negotiations which led to the Amsterdam Treaty, (2) to identify the key players throughout this process and (3) to examine the concept and characteristics of the EU IGC. This thesis aims to provide both breadth and depth in its analysis, presenting an overview of almost all the significant topics on the IGC agenda while focusing on three major issue areas: institutional reform. Justice and Home Affairs (JHA) and Common Foreign and Security Policy (CFSP). At the same it concentrates on the governments of Britain, France and Germany, while outlining the positions of all other governments and the European institutions. The thesis has three basic lines of argumentation. The first argues that the 1996-97 IGC was an incremental process where member governments often had poorly defined objectives, leaving the process to drift along with little direction for the greater part of the sixteen months. In turn governments either drifted into agreement without being fully aware of the consequences of their decisions...