Security Versus Justice? : Police and Judicial Cooperation in the European Union

The EU's area of freedom, security and justice is no longer new, but the measures which are now being adopted in the fields of judicial cooperation in criminal matters, police cooperation and counter terrorism are truly radical and will have a deep impact on the citizens of the Union. Some developments, like the European Arrest Warrant have already elicited substantial suspicion from some supreme courts in the Member States. Other measures, such as those in counter terrorism, defy EU constitutional gravity remaining suspended between the Second and Third Pillars.This book is designed to examine three key fields: police cooperation, judicial cooperation in criminal matters and counterterrorism. It is targeted at the graduate level student who is studying law, political science, international relations, criminology, geography, history or sociology with an EU dimension. It provides a key resource for reading lists on courses on the EU in all these fields as it comfortably straddles the different disciplines while providing an important analysis of the EU's criminal law and policing. Understanding The Dynamics Of The Illiberal Practices Of Liberal States Is Increasingly Important In Europe Today. This Book Examines The Changing Relationship And Interaction Between Immigration, Citizenship And Integration At The European And National Arenas. It Studies Some Of The Main Effects And Open Questions As Regards The Comprehensiveness Of The Exchange And Coordination Of Diverse Public Responses On The Mobility And Inclusion Of Third Country Nationals In Europe. As Well As Their Compatibility With A Common European Immigration Policy Driven By A Rights-based Approach And The Respect Of The Principles Of Fair And Equal Treatment Of Third Country Nationals. It Reviews Key National Experiences Regarding Immigration And Citizenship Laws, The Use That They Are Making Of Integration And The 'moving Of Ideas' Between National Arenas. The Constructed Framing Of Integration Into Immigration And Citizenship Law And The Ways In Which Policy Convergence Is Being Achieved Through The Eu Framework On Integration, Raises A Number Of Conceptual Dilemmas And A Set Of Definitional Premises In Need Of Reflection And Consideration. These Dilemmas And Premises Might Put Social Inclusion And Liberty At Stake In The Union.--back Cover. 1. Understanding The Contest Of Community: Illiberal Practices In The Eu? / Elspeth Guild, Kees Groenendijk And Sergio Carrera ---- Part I. Citizenship And Integration: The European Union. 2. Political Rights And Multilevel Citizenship In Europe / Jo Shaw --- 3. Passing Citizenship Tests As A Requirement For Naturalisation: A Comparative Perspective / Gerard-rene De Groot, Jan-jaap Kuipers And Franziska Weber --- 4. European Citizenship: A Tool For Integration? / Zeynep Yanasmayan ---- Part Ii. Citizenship And Integration: The National Arenas. 5. The Impact Of Eu Enlargement On Nation Building And Citizenship Law / Judit Toth --- 6. Justifying Citizenship Tests In The Netherlands And The Uk / Ricky Van Oers --- 7. Dual Citizenship As An Element Of The Integration Process In Receiving Societies: The Case Of Slovenia / Barbara Kejzar --- 8. Religious Citizenship As A Substitute For Immigrant Integration? The Governance Of Diversity In Austria / Julia Mourao Permoser And Sieglinde Rosenberger ---- Part Iii. Immigration And Integration: The European Union. 9. Doing And Deserving: Competing Frames Of Integration In The Eu / Dora Kostakopoulou, Sergio Carrera And Moritz Jesse --- 10. Missing In Action: Effective Protection For 3rd-country Nationals From Discrimination Under Community Law / Moritz Jesse --- 11. Free Movement As A Precondition For Integration Of 3rd-country Nationals In The Eu / Sara Iglesias Sanchez --- 12. Access To Social Assistance Benefits And Directive 2004/38 / Paul Minderhoud ---- Part Iv. Immigration And Integration: The National Arenas. 13. Integration And Immigration: The Vicissitudes Of Dutch 'inburgering' / Leonard F.m. Besselink --- 14. Liberal States -- Privatised Integration Policies? / Ines Michalowski --- 15. The Integration Agenda In British Migration Law / Bernard Ryan --- 16. Discrimination Instead Of Integration? Integration Requirements For Immigrants In Denmark And Germany / Anja Wiesbrock --- 17. Nationality, Immigration And 'the Republican Integration' In France: Normativisation, Expansionism And Externalization / Sergio Carrera --- 18. Immigration And The Construction Of Public Philosophy(ies) Of Integration In Spain / Ruth Ferrero And Gemma Pinyol --- 19. Insertion, Integration And Rejection Of Immigration In Italy / Salvatore Palidda. Edited By Elspeth Guild, Kees Groenendijk, Sergio Carrera. Includes Bibliographical References (p. [373]-408) And Index. Contents......Page 6 List of Graphs and Tables......Page 8 Acknowledgements......Page 10 Notes on Contributors......Page 12 List of Abbreviations......Page 16 1 Introduction: The Search for EU Criminal Law—Where is it Headed?......Page 18 ACTORS......Page 34 2 Security, Freedom and Accountability: Europol and Frontex......Page 36 3 Eurojust—A Cornerstone of the Federal Criminal Justice System in the EU?......Page 52 4 The Third Pillar and the Court of Justice: A “Praetorian Communitarization” of Police and Judicial Cooperation in Criminal Matters?......Page 68 5 EU Member States’ Complicity in Extraordinary Renditions......Page 88 CONCEPTS AND INSTRUMENTS......Page 106 6 EU Police Cooperation: National Sovereignty Framed by European Security?......Page 108 7 Too Different to Trust? First Experiences with the Application of the European Arrest Warrant......Page 126 8 Reflexive Governance and the EU Third Pillar: Analysis of Data Protection and Criminal Law Aspects......Page 146 LAW AND POLICY......Page 168 9 The Competence Question: The European Community and Criminal Law......Page 170 10 The Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union......Page 188 11 The “Prüm Process:” The Way Forward for EU Police Cooperation and Data Exchange?......Page 220 PRACTICE—ACHIEVEMENTS AND OBSTACLES......Page 240 12 Policing a European Border Region: The Case of the Meuse-Rhine Euroregion......Page 242 13 Uniforms without Uniformity: A Critical Look at European Standards in Policing......Page 260 14 Third Pillar Developments from a Practitioner’s Perspective......Page 282 15 The EU Counter-Terrorism Strategy and Human Rights in Central Asia: Do as I Say Not as I Do?......Page 296 A POSSIBLE FUTURE......Page 304 16 The Reform Treaty and Justice and Home Affairs: Implications for the Common Area of Freedom, Security and Justice......Page 306 Bibliography......Page 326 C......Page 348 D......Page 349 E......Page 350 M......Page 351 S......Page 352 V......Page 353 Introduction: the search for EU criminal law - where is it headed? / Elspeth Guild and Florian Geyer Actors Security, freedom and accountability: Europol and Frontex / Sonja Puntscher Riekmann Eurojust: a cornerstone of the federal criminal justice system in the EU? / J. Vlastník The third pillar and the court of justice: a "praetorian communitarisation" of police and judicial cooperation in criminal matters? / Eulalia Sanfrutos Cano EU member states: complicity in extraordinary renditions / Judit Tóth Concepts and instruments EU police cooperation: national sovereignty framed by European security? / Didier Bigo Too different to trust? First experiences with the application of the European arrest warrant / Julia Sievers Reflexive governance and the EU third pillar: analysis of data protection and criminal law aspects / Gloria González Fuster and Pieter Paepe Law and policy The competence question: the European community and criminal law / Valsamis Mitsilegas The proposal for a council framework decision on certain procedural rights in criminal proceedings throughout the European Union / Mar Jimeno-Bulnes The "prüm process": the way forward for EU police cooperation and data exchange? / Rocco Bellanova Practice: achievements and obstacles Policing a European border region: the case of the Meuse-Rhine Euroregion / Toine Spapens Uniforms without uniformity: a critical look at European standards in policing / Peter Hobbing Third pillar developments from a practitioner's perspective / Richard Lang The EU counter-terrorism strategy and human rights in Central Asia: do as I say not as I do? / Susie Alegre A possible future The reform treaty and justice and home affairs: implications for the common area of freedom, security and justice / Sergio Carrera and Florian Geyer Bibliography Index.

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals.

The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration.

Understanding the dynamics of the illiberal practices of liberal states is increasingly important in Europe today. This book examines the changing relationship between immigration, citizenship and integration at the European and national arenas. It studies some of the main effects and questions the comprehensiveness of the exchange and coordination of public responses to the inclusion of third country nationals in Europe, as well as their compatibility with a common European immigration policy driven by a rights-based approach and the respect of the principles of fair and equal treatment of third country nationals. The volume reviews key national experiences of immigration and citizenship laws, the use of integration and the 'moving of ideas' between national arenas. The framing of integration in immigration and citizenship law and the ways in which policy convergence is being achieved through the EU framework on integration raises a number of conceptual dilemmas and a set of definitional premises in need of reflection and consideration. One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU? One of the most dynamic areas of recent EU law has been cooperation in the fields of policing and criminal justice. This book enables readers to understand the changes that have taken place by examining how and why they occurred, along with the subsequent outcomes.