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Chapter

Cover Politics in the European Union

23. Freedom, Security, and Justice  

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

Cover International Relations and the European Union

16. Internal Security and External Complication(s)  

Sarah Wolff

After the end of the Cold War, the internal–external security nexus, which refers to the links between what used to be distinct concepts under the Westphalian approach to international relations, has become a reality of European security. This chapter reviews the development of the external dimension of Justice and Home Affairs (JHA), which manifests this internal–external nexus, covering its evolution from a side product of European economic integration to a multi-dimensional and increasingly digitalized policy area. In the last decade, multiple ‘crises’—from the Syrian refugee inflows of 2015, to Brexit, the Covid-19 pandemic, the fall of Afghanistan to the Taliban in 2021, the war in Ukraine in 2022 and its ensuing refugee flows to the European Union (EU)—shaped the policy responses. From the reintroduction of internal border controls in March 2020 as a first reaction of EU member states to the Covid-19 crisis to the adoption of the temporary protection directive as an unprecedented response to the Ukrainian refugee crisis, the EU has developed new coordinating tools to adapt to this state of continuous emergency and to the proteiform nature of global security changes.

Chapter

Cover International Relations and the European Union

16. The External Dimension of the European Union’s Internal Security  

Sarah Wolff

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

Cover Policy-Making in the European Union

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

Cover European Union Politics

21. The Area of Freedom, Security, and Justice  

Emek M. Uçarer

This chapter looks at Justice and Home Affairs (JHA), and its subsequent transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ comprises the policy areas immigration and asylum, and police and judicial cooperation. This chapter focuses on the early years of cooperation in this policy area, providing an introduction to the Schengen Agreement before reviewing the procedural steps taken by the Maastricht Treaty (1993), at Amsterdam (1999), and institutional developments culminating in the Lisbon Treaty. The chapter also concentrates on policy output, looking beyond Maastricht, Amsterdam, and Lisbon, at the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. The chapter argues that, although some progress has already been made toward Europeanizing AFSJ policy, this field continues to be laced with intergovernmentalism and numerous challenges remain to be resolved, especially in light of broader challenges facing the Union.

Chapter

Cover Policy-Making in the European Union

1. An Overview  

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.