EU police and judicial cooperation before the Treaty of Lisbon: strengthening of the weakest link?

Abstract

Three key questions arise from the encroachment of the European Union (EU) on national prerogatives in the administration of justice: What factors contribute to the weakest link collective action problem attending police and judicial cooperation within the EU? What were the substantive and institutional goals of the EU in this policy domain? What accounts for the rising level of police and judicial cooperation despite the persistence of barriers to cooperation and incentives to defect? This article first establishes the fundamental incentives and obstacles to cooperation in matters of transnational security threats in post-Westphalian Europe. It then proceeds to explore the evolution of police and judicial cooperation in Justice and Home Affairs between 1999 and 2009, to assess national contributions to police and judicial cooperation, and to consider the potential impact that the changes introduced by the Lisbon Treaty, Stockholm Programme and European Investigation Order. A final question is considered in the conclusion: Did the level and extent of police and judicial cooperation that emerged between 1999 and 2009 give rise to a community of practice that in turn fostered a nascent community of identity resilient enough to mitigate the weakest link technology of public goods production endemic to this policy domain?     

European security as practice: EU–NATO communities of practice in the making?

ABSTRACT

European security is at a critical juncture and many have called for a more coherent and efficient response, involving both the EU and NATO. However, the primary tool for EU–NATO cooperation, “Berlin Plus”, has been stuck in a political quagmire since the mid-2000s, making a lot of scholars to conclude that this cooperation is obsolete and outdated. This article is challenging this view by analysing a range of informal but regular interaction patterns that have emerged. Using practice theory, it sheds new light on and explores how EU and NATO staff at all levels engage in informal practices on various sites in headquarters in Brussels and in field operations. A study of EU–NATO cooperation as practice focuses on the everyday, patterned production of security as well as what makes action possible, such as (tacit) practical knowledge and shared “background” knowledge (education, training, and experience). The article also discusses the extent to which shared repertoires of practice may evolve into loose communities of practice that cut across organisational and professional boundaries.     

Deterrence and Protection in the EU’s Migration Policy

EU migration and asylum policy is facing tough challenges at the southern borders of the Union as migration and asylum pressures rise, fuelled by political instability and poverty in several regions of Asia and Africa. Current European border control practices create three spaces of control: externalised borders, through readmission and return agreements which enrol third countries in border control; the EU borders themselves through the work of Frontex and the development of a whole arsenal of technology tools for controlling mobility to and from the EU; and the Schengen area, whose regulations tend to reinforce deterrence at the borders through the Smart Border System. As a result, the EU’s balancing act between irregular migration control and protection of refugees and human life clearly tips towards the former, even if it pays lip service to the latter. More options for mobility across the Mediterranean and more cooperation for growth are essential ingredients of a sustainable migration management policy on the EU’s southern borders. In addition asylum management could benefit from EU level humanitarian visas issued at countries of origin.     

Tempering the EU? NGO advocacy in the Area of Freedom,Security, and Justice

The European Union's (EU) area of Freedom, Security and Justice (AFSJ) portfolio comprises policy areas such as immigration and asylum, and police and judicial cooperation. Steps were taken to bring this field into the mandate of the EU first by the Maastricht Treaty, followed by changes implemented by the Amsterdam and Lisbon Treaties, the last one ‘normalizing’ the EU's erstwhile Third Pillar. As the emergent EU regime continues to consolidate in this field, NGOs of various kinds continue to seek to influence policy-making and implementation, with varying success. This article seeks to establish the context in which NGOs carry out their work and argues that the EU-NGO interface is impacted both by the institutional realities of the European Union and the capacities of EU-oriented NGOs to seize and expand opportunities for access and input into the policy cycle. Using EU instruments representing three different policy bundles in AFSJ (immigration, asylum and judicial cooperation in criminal matters), the article seeks to map out NGO strategies in engaging and oftentimes resisting European Union policy instruments.     

State–defence industry relations in the European context: French and UK interactions with the European Defence Agency

While many have noted that EU member states have different preferences over the prospect of an integrated EU defence, analyses that specifically explore state–industry relations in the definition of EU defence-industrial issues, and in the evolution of the Common Security and Defence Policy in general, are lacking. This is surprising, given that different configurations of government–industry relations have represented a persistent impediment to European defence-industrial cross-border collaboration. This article investigates how state–defence industry relations impact on member states’ preferences towards the EU defence-industrial framework. Based on the case studies of the interaction of France and the UK with the European Defence Agency, this analysis focuses on the difference between public and private defence firms’ governance settings as the crucial explanatory variable accounting for diverging member states’ preferences in this domain.     

Cooperation in EU disaster response and security provision: circulating practices

There is a profound disconnect between the practice and scholarly study of security in Europe. The 2010 Internal Security Strategy added disasters such as forest fires, earthquakes, and floods to the list of European Union (EU) internal security concerns, expanding on the more traditional anxieties over militaries, border protection, and the effects of poverty. This article explores how evolving practices of disaster response, a policy area once separate from EU security discourse, have become part of the EU's wider security provision and with what implications. Based on interviews conducted at the Directorate-General (DG) for Humanitarian Aid and Civil Protection (ECHO), it provides a detailed study of three EU disaster response practices – monitoring, training, and information co-ordinating – and their circulation to the wider field of EU internal security provision. It uses this case to outline that new understandings of what it means to “voluntarily co-operate” in European security projects have been radically under-theorized.     

Promoting competition or cooperation? The impact of EU funding on Czech advocacy organizations

What impact does European Union (EU) funding of advocacy organizations have? To address this question our article turns to the post-communist Czech Republic, an ideal laboratory for studying externally dependent non-governmental organizations. Employing social network analysis, the main objective of this article is to analyse the effect of EU funding on the cooperation networks of Czech advocacy organizations. Our source of data is a survey of these organizations. We aim to figure out whether there is an association between the dependency of advocacy organizations on EU resources, and their cooperation with other organizations. Contrary to the prevailing interpretation based on the competition argument, our hypothesis is that the greater the dependency on EU funding, the greater the cooperation capacity on the part of advocacy organizations.     

The power of informality: European Union’s engagement with non-state actors in Common Security and Defence Policy

This article examines the little explored issue of non-state actor (NSA) participation in the European Union’s (EU) Common Security and Defence Policy (CSDP). Despite the fact that NGOs and civil society are shielded from formal access to CSDP, EU staff in both Brussels and the missions engage with them informally. Drawing on interviews with policy-makers and NSA representatives, the article analyses the practices of the EU in its engagement with NSAs, focusing on civilian missions in Georgia and Palestine. It shows that such engagement is more intense during implementation at the level of CSDP missions rather than during policy-making in Brussels. It argues that a combination of rational choice-based (functional needs of policy-makers and intensity of NSA advocacy) and constructivist (organisational and individual cultures) explanations helps us better understand why CSDP structures open up to NSAs. The article contributes to the nascent academic and policy debate on EU–civil society cooperation in CSDP and, more broadly, to the studies of informal governance in the EU and NSA participation in international organisations.     

Consensus to Contestation: Reconfiguring Democratic Representation in the European Union in the Light of 19th Century United States Democratization

This article explores how proposals for democratizing the European Union (EU) according to a supranational, contestational model are likely to disrupt its existing political system. The current EU is characterized by a dual system of representation that combines the representation of member states with that of individual citizens. Democratization typically entails enhancing the representation of individuals at the expense of state prerogatives. It is thus possible to make a pertinent analogy with the antebellum United States, which also featured dual representation, and where a great wave of democratization took place following Andrew Jackson's presidency (1829–1837). As the system of representation there became more majoritarian, John C. Calhoun led the calls for introducing new anti-majoritarian constitutional safeguards. A transatlantic comparison suggests the contestational system born of EU democratization will require institutional innovation in order to prove viable. In this context, Calhoun's theory of nullification, an ex post political mechanism wielded by the units to stymie federal legislation, appears more appropriate as an anti-majoritarian bulwark and better able to engender constitutional debate over competences than is the EU's stillborn judicial principle of subsidiarity. In similarly Calhounian fashion, a bottom-up procedure of constitutional amendment originating in the units is further proposed as a way of establishing unit acquiescence to greater supranationalism.     

Organizing international armaments cooperation: institutional design and path dependencies in Europe

Abstract

Few issues are more important to scholars of Europe's emergence as a foreign policy actor than whether the European Union (EU) can forge a common defense-industrial policy out of 27 states' procurement policies and defense industries. Overlooked in most scholarly analyses of European defense-industrial cooperation, the story of Europe's international armaments organizations stretches back more than six decades. In this article, we examine the impact of past institutional outcomes on the defense-industrial field by applying the concepts and analytic tools of historic institutionalism to European armaments organizations. Because past institutional dynamics have channeled the subsequent development of armaments cooperation, what has emerged is a polycentric governance architecture wherein organizations with transatlantic, pan-European and restrictive-European memberships dominate distinct components of the cooperative process. We demonstrate that this maturing institutional pattern will likely limit the opportunities for the EU – and especially its Commission – to shape the future contours of European defense-industrial cooperation.     

Negotiating in the European Council: A Model European Union Format for Individual Classes

This paper demonstrates the use of an in-class simulation to model negotiations in the European Council. Simulations are an increasingly popular way to teach the complex processes of policymaking and negotiations in the European Union (EU) where institutional procedures are difficult to understand and where intergovernmental and supranational issues often conflict. Advocates of active learning promote simulations to get students more involved and to reach an increasingly diverse student body. The simulation presented here has three separate sessions, each covering a different issue and lasting for a week (two class days) each. Modeling the European Council allows students to experience the intergovernmental side of policy decisions in the European Union while at the same time learning about the issues facing EU policymakers. It is a useful tool for teaching about the EU presidency and a worthwhile exercise for studying the national aspects of European integration. Student surveys indicate that students process the information they gain by role-playing better than information they receive in the traditional classroom. A simulation of the European Council gives students a base for understanding issues of European integration and can serve as a springboard for further study of EU institutions.     

Exporting EU integrated border management beyond EU borders: modernization and institutional transformation in exchange for more mobility?

The external dimension of European Union (EU) border management cooperation has recently been developed, in particular through the promotion of integrated border management (IBM). The European Commission has been keen to foster IBM, an attempt to reach EU standards in the absence of an EU common border service. Integrated border management is regulated under the Treaty of Lisbon, and the Stockholm Programme calls for its further development. This article analyses and compares the policy instruments promoting IBM standards beyond EU borders, namely the European Agency for Operational Cooperation at the External Border of the Member States of the EU (FRONTEX) (with the signature of Working Arrangements with the border services of third countries) and the activity of the EU Border Assistance Mission to the Republic of Moldova and to Ukraine (EUBAM) at the Ukrainian–Moldovan border. Moreover, it provides an empirical account of IBM activity carried out in the Eastern Partnership and Russia, and explains the reasons underlying the lack of IBM promotion in the southern Mediterranean countries.     

Europe under occupation: the European diplomatic community of practice in the Jerusalem area

ABSTRACT

This article shows how the existence of a community of European practitioners in the Jerusalem area gives substance to the European stance on the Israeli–Palestinian conflict. The often-stated European Union (EU) support for a two-state solution could appear meaningless in the absence of peace negotiations. However, European diplomats (i.e. diplomats of EU member states and EU officials) in the East Jerusalem–Ramallah area are committed to specific practices of political resistance to Israeli occupation and recognition of Palestinian institutions. These practices have led not only to a specific political geography of diplomacy, but also to a community of practice, composed of European diplomats and based on their daily experience of resisting occupation and bestowing recognition. It is this group of officials who represent and actively “do” Europe’s position and under occupation.     

Police,policy and politics in Brussels: scenarios for the shift from sovereignty to solidarity

This article analyses the evolution of European Union (EU) police cooperation on the basis of structural processes in the form of agencification, regulation and standardization, as well as substantive processes in the form of information-sharing and multi-disciplinary cooperation. The Lisbon Treaty holds some key conditions for further integration. The level of integration of police cooperation in the EU is measured by analysing institutional power, the regulatory framework and transnational professionalism. Despite a positive score on each of these levels, member states remain caught between national sovereignty and solidarity. As a consequence, they face an implementation gap and have not embedded European police cooperation in their domestic systems. Building on the pro-integrative moves that have been introduced by virtue of the Lisbon Treaty, improved governance and deeper integration can be achieved by means of more active parliamentary involvement, independent police oversight (both at European and at the national level), the mainstreaming of cooperation mechanisms and a systematic Europe-wide cultivation of police professionalism. Within the realm of internal security cooperation in the EU, a concerted effort is required which demands close consultation between relevant institutional actors and the professional actors in the member states.     

Uncertainty at the EU's borders: narratives of EU external relations in the revised European Neighbourhood Policy towards the southern borderlands

This article analyses the role of narratives in European Union (EU) external relations in the revised European Neighbourhood Policy (ENP) and systematically explores how they operate in practice in the context of the EU's border management practices vis-à-vis the “southern borderlands”, in particular with respect to their inclusionary and exclusionary potential. Key EU documents and statements by EU agents, released throughout the first three years of Arab uprisings and pertaining to the revised ENP, will be subjected to a thorough examination which highlights four observations: first, in spite of the fact that the revised ENP is rooted in several narratives, some nevertheless dominate over others; second, the simultaneous presence of and recourse to different narratives contribute to an increase, rather than a decrease, of uncertainty in the EU's southern borderlands; third, despite a multitude of narratives which serve to legitimize EU action in the framework of the revised ENP, the latter perpetuates the logics of its predecessor by generating benefits mainly for the EU itself; fourth, that the first three years of the revised ENP have in practice demonstrated that an imbalance exists between on the one hand the original acceptance of the narratives by EU stakeholders and on the other hand their willingness to abide by them and fill them with life.     

“Alone we can do so little; together we can do so much”: the essential role of EU agencies in combatting the sale of counterfeit goods

This article demonstrates the role and importance of EU agencies in the EU’s regulatory environment, and considers the consequences of an absence of cooperation through agencies for internal security. It does so by exploring the case study of the anti-counterfeiting activities of the European Union Intellectual Property Office (EUIPO), and what happens when a state no longer benefits from membership of an EU agency. The effective protection of consumers from counterfeit goods is dependent upon identifying best practices, sharing information on counterfeiting trends, and coordinating responses, activities undertaken through EU agencies. This article demonstrates that the ability of states to effectively counter the sale of counterfeit goods is dependent upon the existence of EU agencies due to the need for transnational cooperation. In the absence of EU agencies, states are likely to suffer diminished operational expertise and a lack of in-depth knowledge concerning counterfeiting trends. It concludes that the EU agencies form an essential part of EU security governance, with states not party to these cooperative endeavours rendered vulnerable and unable to combat at a national level what is ultimately a global problem.     

Who’s afraid of an EU tax and why?—revenue system preferences in the European Parliament

The current revenue system of the EU is still structured like that of an organization based on intergovernmental cooperation, although the EU is already far advanced in legislative and political integration. This antagonism gives reason to discuss whether or not the EU should be granted an autonomous tax source. Our contribution to this debate explores the factors which shape the acceptance of the EU tax option among European policy makers. A self-conducted survey among Members of the European Parliament (MEPs), which resulted in a response of some 150 of the representatives, offers us a unique database. Concerning MEPs’ revenue system preferences, our findings confirm an important impact of party ideology and individual characteristics while they indicate that country-specific factors also contribute to understand the attitudes towards an EU tax. In the light of our findings the status quo bias in the revenue system of the EU can be attributed to the persistent importance of national interests with respect to tax policy.

Civil security in the EU: national persistence versus EU ambitions?

Noting that European Union (EU) institutions are increasingly engaged in civil protection in the member states, security governance is used as an analytical framework to assess the depth of EU engagement in delivering civil security. It is shown that a state-centric approach is no longer adequate to understand the provision of civil security across Europe. To varying degrees, the EU has acquired responsibilities to facilitate, coordinate, manage, and regulate civil security, whether before or after a civil crisis occurs. The analysis demonstrates that, whilst intergovernmental practices and inter-state cooperation remain salient features of civil security, the responsibilities undertaken by the EU institutions across the entire policy spectrum are more substantial than a strictly intergovernmental perspective would suggest.     

Understanding EU crisis diplomacy in the European neighbourhood: strategic narratives and perceptions of the EU in Ukraine,Israel and Palestine

ABSTRACT

This Special Issue seeks to better understand the role of communication and perception in EU crisis diplomacy. In a recent Special Issue in this journal, Catarina Kinnvall, Ian Manners and Jennifer Mitzen argue that, “?…?the greatest security challenge facing people across Europe is not physical, despite the threats of Putin and ISIS, but is a sense of fear and anxiety over their daily lives” [2018. Introduction to 2018 Special Issue of European Security: “Ontological (in)security in the European Union”. European security, 27 (3), 249–265]. We take an interdisciplinary approach to widen the scope of studies on European security and offer new avenues for further research into how citizens in the EU’s neighbourhood understand the security challenges they face and the role the EU plays in addressing these. Through this, we aim to bring theoretical and methodological innovation to understanding the role of the EU as an external actor.     

EU counter‐terrorism,the Maastricht third pillar and liberal democratic acceptability

The article examines the effectiveness of the Maastricht Third Pillar's internal security provisions with respect to the fight against terrorism. An assessment of EU internal security cooperation is made from a perspective that takes into account questions of both operational anti‐terrorist proficiency and democratic acceptability. Police and security forces throughout the European Union (EU) have strongly endorsed the Third Pillar as providing an efficient response to serious criminality. However, from a liberal democratic point of view the Maastricht provisions raise extremely serious questions concerning the lack of critical public debate and systems of accountability within the EU. Close coordination between member states is definitely necessary if terrorism is to be effectively countered in the region. However, it is vital that in the headlong rush to provide for an enhanced international operational capacity critical considerations of democratic control are not lost. One cannot expect to gain the type of public consent that is crucial for democratic acceptability if fundamental fears exist over the legitimacy and desirability of ever closer law enforcement and judicial cooperation.