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Chapter

This chapter examines the European Union’s (EU’s) policy activity in the area of freedom, security, and justice (AFSJ). Introduced mainly by the Maastricht Treaty of 1992, the AFSJ was initially given the name Justice and Home Affairs (JHA). The AFSJ was greatly enhanced by the Treaty of Lisbon and has matured over time, despite the controversy surrounding the way in which it strikes at national sovereignty. A key characteristic of JHA, later AFSJ, has been the use of differentiated integration. The chapter first provides a historical background on the AFSJ, focusing on the policy dynamics and JHA structures under the Treaty on European Union (TEU) as well as the reforms of the Treaty of Amsterdam. It then considers the AFSJ’s institutional character and policy content, before examining the refugee crisis. It concludes with an assessment of key explanations and debates relating to the AFSJ.

Chapter

Helen Wallace, Mark A. Pollack, and Alasdair R. Young

This text examines the processes that produce policies in the European Union — that is, the decisions (or non-decisions) by EU public authorities facing choices between alternative courses of public action. It considers the broad contours of the EU policy-making process and relevant analytical approaches for understanding that process. It includes case studies dealing with the main policy domains in which the EU dimension is significant, including competition policy, the common agricultural policy (CAP), the economic and monetary union (EMU), enlargement, common foreign and security policy (CFSP), justice and home affairs (JHA), and energy and social policy. This chapter discusses the significant developments that have impacted EU policy-making since the sixth edition, summarizes the text’s collective approach to understanding policy-making in the EU, and provides an overview of the chapters that follow.

Chapter

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

Chapter

15. Justice and Home Affairs  

Institutional Change and Policy Continuity

Sandra Lavenex

This chapter examines the European Union’s justice and home affairs (JHA), which have evolved from a peripheral aspect into a focal point of European integration. It first considers the institutionalization of JHA cooperation, focusing on the Treaty of Lisbon which constitutes a milestone in the communitarization process, before discussing the main actors in the JHA. In particular, it looks at the organization and capacities of EU institutions, the continuity of intergovernmentalism, and the proliferation of semi-autonomous agencies and databases. It also explores the flow of policy, taking into account asylum policy and immigration policy, police and judicial cooperation in criminal matters, and the challenge of implementation. The chapter shows how cooperation among national agencies concerned with combating crime, fighting terrorism, and managing borders, immigration and asylum has gradually moved from loose intergovernmental cooperation to more supranational governance within the EU.

Chapter

This chapter examines the external dimension of the European Union's internal security, with particular emphasis on the Justice and Home Affairs that has evolved from a side product of European economic integration to a complex and dynamic policy area. It begins with a discussion of the internal process of constructing both the EU's Area of Freedom, Security, and Justice (AFSJ) and its external dimension, along with the normative, national, institutional, policy, and legal challenges that have emerged from this process. It then considers the policy dynamism and institutional developments that have taken place since the Treaty of Lisbon before proceeding with an assessment of how the EU copes with the global security challenges of counterterrorism, migration, refugees, and cybercriminality. It also explores how the EU pursues its security policy within the international arena and the effect it has at the global level.

Chapter

Richard Ned Lebow

This chapter examines the central assumptions of classical realism by analysing the texts of ancient and modern writers and contrasting their ideas with neorealism and other variants of modern realism. Classical realism represents an approach to international relations that dates back to Thucydides and his account of the Peloponnesian War. According to classical realists, power plays a major role in politics, but they also acknowledge its limitations and the ways it can be self-defeating. The chapter begins with a discussion of the position of classical realists regarding order and stability, focusing on the views of Thucydides and Hans J. Morgenthau with respect to the concepts of community, balance of power, and interest and justice. It then considers what classical realists think about change and transformation as well as the nature and purpose of theory. It concludes by commenting on the Iraq war in the context of classical realism.

Chapter

Richard Ned Lebow

This chapter examines the central assumptions of classical realism by analysing the texts of ancient and modern writers and contrasting their ideas with neorealism and other variants of modern realism. Classical realism represents an approach to international relations that dates back to Thucydides and his account of the Peloponnesian War. According to classical realists, power plays a major role in politics, but they also acknowledge its limitations and the ways it can be self-defeating. The chapter begins with a discussion of the position of classical realists regarding order and stability, focusing on the views of Thucydides and Hans J. Morgenthau with respect to the concepts of community, balance of power, and interest and justice. It then considers what classical realists think about change and transformation as well as the nature and purpose of theory. It concludes by commenting on the Iraq war in the context of classical realism.

Chapter

15. Justice and Home Affairs  

Exposing the Limits of Political Integration

Sandra Lavenex

This chapter examines the European Union’s justice and home affairs (JHA), which have evolved from a peripheral aspect into a focal point of European integration and today are at the centre of politicization in the EU. It first considers the institutionalization of JHA cooperation and its gradual move towards more supranational competences before discussing political contestation as expressed in the context of Brexit and the crisis of the common asylum and Schengen systems. The development of cooperation is retraced, looking at the main actors in the JHA, the organization and capacities of EU institutions, the continuity of intergovernmentalism, the proliferation of semi-autonomous agencies and databases, and the flow of policy, taking into account asylum policy and immigration policy, police and judicial cooperation in criminal matters, and the challenge of implementation. The chapter shows how the gradual move of cooperation among national agencies concerned with combating crime; fighting terrorism; and managing borders, immigration, and asylum from loose intergovernmental cooperation to more supranational governance within the EU has remained contested, and argues that this contestation exemplifies the limits of political unification.

Chapter

Mark A. Pollack, Christilla Roederer-Rynning, and 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.

Chapter

This chapter focuses on the European Council as a locus of power. Created in 1974, the European Council plays a key role in the development of European integration. It gives political guidance and impetus to the European Union and, by virtue of the Lisbon Treaty, has the formal status of an EU institution under the leadership of a full-time President. This chapter discusses the European Council’s origins, composition, meetings and euro summits, and legal nature and characteristics. It also provides an overview of the debates and decision-making that take place at the Council, along with its functions, which can be grouped under: strategic guidelines, decision-making, economic governance, foreign policy, Justice and Home Affairs, and Treaty amendment. The chapter considers whether the European Council is an intergovernmental or hybrid institution before concluding with an assessment of its strengths and weaknesses.