The Routledge Handbook Of Justice And Home Affairs Research (routledge International Handbooks)

"Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics."--Provided by publisher Cover Half Title Page Title Page Copyright Page Contents List of figures List of tables Notes on contributors Acknowledgments PART I: Introduction Chapter 1: Justice and home affairs research: Introducing the state of the art and avenues for further research Introduction Academic research in the field of JHA The academic communities dominating JHA research Normative versus non-normative approaches The major lines of research Dynamics of decision-makingand the role of EU institutions Policy change, impact and implementation The external dimension of JHA Avenues of future research Dynamics of decision-makingand the role of EU institutions Policy change, impact and implementation Research on the external dimension of JHA An outlook to the handbook Bibliography PART II: Theories of justice and home affairs Chapter 2: The governance of internal security: Beyond functionalism and the finality of integration? Introduction The governance perspective: family resemblances The governance of internal security and the transformation of security provision Governance in EU justice and home affairs Conclusions and outlook Bibliography Chapter 3: Securitization: Turning an approach into a framework for research on EU justice and home affairs Introduction Securitization in its original formulation by the Copenhagen School Core tenets of securitization From criticisms to improvements Turning an approach into a framework Securitization: avenues for research Conclusion Note Bibliography Chapter 4: Public policy approaches and the study of European Union justice and home affairs Introduction The public policy ‘turn’ in EU studies and JHA research Actor-basedapproaches Policy networks Epistemic communities Advocacy coalitions Policy entrepreneurship Institutional-focusedapproaches Historical institutionalism Sociological institutionalism Rational choice institutionalism Ideas-based approaches Conclusion: cross-cutting approaches and next steps in research Acknowledgment Bibliography PART III: Analyzing justice and home affairs policies (the sectoral dimension) Chapter 5: Asylum and refugee protection: EU policies in crisis Introduction Evolution of EU asylum policies The main scholarly debates The nature of European integration: burden-sharingand the principle of responsibility Securitization Institutional and procedural aspects External dimensions of migration and extra-territorialization of protection responsibilities The 2015 crisis of EU refugee policies Conclusion and agenda for research Bibliography Chapter 6: The irregular immigration policy conundrum: Problematizing ‘effectiveness’ as a frame for EU criminalization and expulsion policies Introduction Irregular immigration and the EU: background and state of play Expulsion and smuggling policies: Europeanization dynamics in a multi-actorfield ‘Measuring’ effectiveness: deceptive statistics ‘Effective’ management of arrivals? Expulsions: a myopic view Criminalization measures ‘in country’: unintended consequences? Social trust Conclusions and avenues for future research Bibliography Chapter 7: Informalizing EU readmission policy Introduction Unmet preconditions The contingency gap 1999 to 2005: the drive for normative readmission The years 2005 to 2009: prelude to the EU drive for flexibility The year 2010 to the present: the EU drive for flexibility Conclusion Notes Bibliography Chapter 8: Border management: The Schengen regime in times of turmoil Introduction Managing teichopolitics: border governance in the European Union Teichopolitics in action: EU border policies Conclusion: towards a Schengen redux? Notes Bibliography Chapter 9: EU visa policy: Decision-makingdynamics and effects on migratory processes Introduction The politics of EU visa harmonization and liberalization Developing a common EU visa policy Visa facilitation and liberalization The effects of visa policies The visa policy’s influence on migratory processes Economic implications of visa restrictions Conclusions Bibliography Chapter 10: EU labor immigration policy: From silence to salience Introduction The genesis of EU migration policy Scholarly debates regarding EU labor migration policy-making Future policy and research challenges in labor migration studies Bibliography Chapter 11: Organized crime: Balancing national sensitivities with global necessities Introduction The origins and evolution of OC Theoretical debates Policy debates Conclusions: a new research agenda on organized crime Bibliography Chapter 12: Cyber crime as a fragmented policy field in the context of the area of freedom, security and justice Introduction Conceptualizing cyber crime Problematic definitions The evolution of cyber crime as a EU policy field Cyber crime polic(y/ies) challenges and their impact upon the area of freedom, security and justice Conclusion Notes Bibliography Chapter 13: EU counter-terrorism: Glass half-fullor half-empty? Introduction Historical evolution and key actors and aspects of EU counter-terrorism Literature review and theoretical explanations of EU counter-terrorism Counter-terrorismas a process of gradual European integration Policy outputs in EU counter-terrorism The impact of external actors upon EU counter-terrorism Major debates: security, accountability, justice, effectiveness How effective is the EU in the field of counter-terrorism? A tradeoff between security and liberty? Note Bibliography Concluding remarks Chapter 14: Data protection policies in EU justice and home affairs: A multi-layeredand yet unexplored territory for legal research Introduction The general regulatory instruments within the EU justice and home affairs field: from a decision to a Directive after Lisbon (layer 1) The specific regulatory state within the EU justice and home affairs field: loose ends and umbrellas (layer 2) The regulatory state at the high, standard-settingEU level: Regulation 45/2001 (layer 3) The regulatory state at the EU agency level (layer 4) Why so little academic attention in the past? Main scholarly debates and future research avenues (first series of questions) Main scholarly debates and future research avenues (second series of questions) Concluding remarks: data protection in the EU justice and home affairs field as a yet unexplored territory for legal research Bibliography Chapter 15: EU home affairs and technology: How to make sense of information and data processing Introduction Information and data processing as a security norm Information and data processing as disposition and practice Information and data processing as instrument and actant Conclusion: the need to study the societal effects of home affairs information and data processing Bibliography Chapter 16: EU criminal law: An expanding field for research, with some unchartered territories Introduction Evolution of the EU’s competence and institutional framework Substance of EU criminal law Conclusions Notes Bibliography Chapter 17: Judicial cooperation in civil matters: Coming of age? Introduction Historical evolution and key instruments Effective enforcement or judicial protection? The complex nature of mutual recognition and mutual trust Is harmonization a viable solution? The key scholarly debates Concluding remarks Bibliography Chapter 18: Family reunification and migrant integration policies in the EU: Dynamics of inclusion and exclusion Introduction EU migrant integration policies The Long-term Residence Directive The Family Reunification Directive Non-binding EU migrant integration policy Negotiating and implementing the directives: race to the bottom or safety net for migrants’ rights? Shifting policy paradigms: integration as condition for rights Conclusion Bibliography PART IV: Justice and home affairs inside and outside Europe (the horizontal dimension) Chapter 19: Europe’s core member states: Intended and unintended consequences of strong policy-shaping traditions Introduction European justice and home affairs and the autonomy of core member states Securitization, venue-shoppingand the hardening of control Supranationalization and the ‘new limits of control’ Globalization, Europeanization and convergence in core member states From national towards European models Mechanisms of convergence The European crises as test cases for theory development Bibliography Chapter 20: Southern Europe: Twenty-fiveyears of immigration control on the waterfront Introduction Managing the external border Asylum and refugee protection: still too weak? The role of internal controls Conclusions and future research avenues Acknowledgments Notes Bibliography Chapter 21: Differentiated integration and the Brexit process in EU Justice and Home Affairs Introduction Legal framework Schengen acquis General JHA rules Enhanced cooperation Conclusion and avenues for future research Notes Bibliography Chapter 22: Central and Eastern Europe: The EU’s struggle for rule of law pre- and post-accession Introduction The EU as a community of common values based on the rule of law From common values to concrete policy recommendations in the EU’s external action Horizontal policy instruments to strengthen the independence of the judiciary The subtle empowerment of the Commission The quest for judicial independence in Central and Eastern Europe The depoliticization of the judiciary in the pre-accession context Attempts to limit judicial power in the post-accession context Controversies and challenges at the EU level The new rule of law framework to complement Article 7 TEU Bibliography Conclusion Chapter 23: The Western Balkans: Decreasing EU external leverage meets increasingdomestic reform needs Introduction The EU’s objectives in justice and home affairs in the Western Balkans Rule of law and EU-driven institutionalization in the Western Balkans Preventing insecurity spill-oversfrom the Western Balkans The EU’s approach towards JHA in the Western Balkans Research dealing with JHA in the Western Balkans External governance and Europeanization The impact of the EU in the field of JHA Conclusions and avenues for further research Acknowledgment Notes Bibliography Chapter 24: Justice and home affairs in EU–Turkey relations: Mutual interests but much distrust Introduction Turkey’s EU accession process Readmission agreement and visa liberalization process EU–Turkey refugee statement Conclusion Bibliography Chapter 25: The Eastern Partnership countries and Russia: A migration-driven cooperation agenda with the European Union Introduction The evolution of EU migration policy instruments in relation to the EU’s Eastern neighbors Legally binding instruments Non-legally binding instruments Operational cooperation instruments The challenge of coherence in the EU’s relations with its Eastern neighbors Concluding remarks Notes Bibliography Chapter 26: The Southern Mediterranean: A testing ground and a litmus test for EU JHA policies and research? Introduction Pre-Arabuprisings wave: the governance and securitization approaches Governance literature Securitization literature Pitfalls of the first-waveapproaches Post-Arab uprisings wave: building state and societal resilience New life of the internal–external security nexus Societal and state resilience Trends and the future of ED JHA research Broadening and deepening of the policy area Progressing militarization Mercantilization of JHA Role for new technologies Note Bibliography Chapter 27: Africa–EU relations on organized crime: Between securitization and fragmentation Introduction The external dimension of the EU JHA agenda: what to expect for Africa–EU relations? The EU’s external action on JHA: patterns of remote policing and securitization The EU’s external action on OC as an expression of a fragmented institutional landscape? EU–Africa cooperation in tackling organized crime: a strategic partnership? Global fora and Africa–EU partnerships Enhancing cooperation by regional action plans A EU-driven, fragmented agenda instead of strategic partnership The EU’s cooperation with West Africa on fighting international drug trafficking An overview on actions and programs Controversial aspects Conclusion Notes Bibliography Chapter 28: The evolution of transatlantic legalintegration: Truly, madly, deeply? EU–US justice and home affairs Introduction Deepening and widening cooperation First major criminal law enforcement cooperation Deepening: the EU–US Extradition Agreement EU–US Mutual Legal Assistance Agreement EU–US death penalty cooperation: ‘soft power’ cooperation? PNR and SWIFT: a one-sideddeepening? EU–US JHA and a ‘global’ approach to legal integration between legal orders Overview The global approach and EU Passenger Name Records (PNR) The global approach and EU–US cyber crime and cyber security cooperation Fundamental rights in EU–US JHA and legal integration challenges Overview A new era of EU–US JHA agreements? Conclusions on a future research agenda Acknowledgment Bibliography Publications Cases EU–US JHA agreements Other Chapter 29: EU cooperation in justice and home affairs with Australia and Canada: New ties that bind? Introduction Current debates on JHA issues in Canada and Australia Border control and immigration in Canada Border management and immigration control in Australia EU cooperation with Canada and Australia on JHA issues Canada–EU relations Australia–EU relations Notes Bibliography A way forward Chapter 30: The EU and Latin America: A real security and development nexus or a superficial one? Introduction Theoretical approaches to EU–LA cooperation in justice and home affairs Institutional approaches: examining the internal–external nexus International security network Review of EU-LA relations over time in the area of justice and home affairs Institutionalization of EU–Latin American cooperation Cooperation in the field of transnational organized crime Conclusion and research agenda for the future Bibliography Chapter 31: The EU–ASEAN relationship: Cooperation on non-traditional security threats between discourse and practice Introduction The role of security in EU–ASEAN relations The rise of the NTS and ASEAN–EU security discourse NTS cooperation in practice: cases of JHA Counter-terrorism Migration and border management Maritime security Conclusions and further avenues for research Bibliography PART V: EU institutions and decision-making dynamics (the vertical dimension) Chapter 32: The European Parliament in justice and home affairs: Becoming more realistic at the expense of human rights? Introduction The European Parliament: from talking shop to co-decider Integration theories and justice and home affairs: from venue-shopping to liberal constraints New institutionalism and justice and home aff airs: assessing the EU’s political system Rational choice explanations: time horizons and shifting coalitions Constructivist explanations: legitimating norms and the role of actors Conclusion: has the European Parliament become more influential? Bibliography Chapter 33: The European Court of Justice as a game-change r: Fiduciary obligations in the area of freedom, security and justice Introduction The Court of Justice and the AFSJ: the path to constitutionalization The Court and mutual recognition in the AFSJ Cooperation with other courts? The Court of Justice as a trustee court in the area of freedom, security and justice? Avenues for future research Acknowledgments Notes Bibliography Cases Chapter 34: The European Commission in justice and home affairs: Pushing hard to be a motor of integration Introduction Impact of the Commission The Commission in early cooperation on JHA Newly gained competences with the Amsterdam Treaty Full communitarization of most policies with the Lisbon Treaty Evaluating the influence of the Commission Positions of the Commission in JHA The Commission as a promoter of enhanced integration The Commission as a promoter of individual freedoms or security? Variance between policy areas Variance of positions in comparison to other EU institutions and over time Conclusion Bibliography Chapter 35: The Council and European Council in EU justice and home affairs politics Introduction State-centeredapproaches to member state cooperation in the Council Actors, institutions and interactions in Council negotiations Alternatives to venue-shopping: regulatory competition, lock-inand misfit Diffuse reciprocity and appropriate behavior in Council negotiations Changing decision-makingrules: voting or consensus in the Council? The role of the Council’s bureaucracy and presidency ‘New’ or old patterns of intergovernmentalism in the Council? The Council ‘sharing power’ with the Commission and the EP Conclusions Bibliography Chapter 36: The role of national parliaments in the area of freedom, security and justice: High normative expectations, low empirical results Introduction Normative assumptions about the role of the parliamentary scrutiny of the AFSJ Empirical research on the role of national parliaments in the AFSJ Inter-parliamentary cooperation in the AFSJ Concluding remarks Notes Bibliography Chapter 37: The EU’s agencies: Ever more important for the governance of the Area of Freedom, Security and Justice Introduction The development of AFSJ agencies Europol Frontex EASO The democratic control over AFSJ agencies’ activities Redress in the case of fundamental rights breaches Human rights challenges Judicial review over AFSJ agencies Conclusions Acknowledgment Bibliography Legislation, proposals for legislation and judgements Chapter 38: NGOs go to Brussels: Challenges and opportunities for research and practice in the Area of Freedom, Security and Justice Introduction Studying NGOs in the AFSJ: assessing the state of the art Bringing NGOs in: a rocky road NGOs go to Brussels: goals and strategies Avenues for future research Bibliography Chapter 39: International organizations and the Area of Freedom, Security and Justice Introduction The relationship between IOs and the AFSJ Hard law, soft law and hybrid forms of cooperation Agreements concluded by agencies with IOs Understanding EU–IO cooperation in JHA: externalization and multilateralism Treaty provisions relevant for relations with IOs The relationship between the AFSJ and IOs from a policy perspective The Tampere conclusions The Hague Programme and the strategy on the external AFSJ The Stockholm Programme and beyond Promotion of IOs by the EU Conclusion: the role of IOs in the AFSJ Notes Bibliography Index Justice and home affairs research : introducing the state of the art and avenues for further research / Florian Trauner and Ariadna Ripoll Servent -- The governance of internal security : beyond functionalism and the finality of integration? / Raphael Bossong and Hendrik Hegemann -- Securitization : turning an approach into a framework for research on EU justice and home affairs / Christian Kaunert and Ikrom Yakubov -- Public policy approaches and the study of European Union justice and home affairs / Mark Rhinard -- Asylum and refugee protection : EU policies in crisis / Petra Bendel and Ariadna Ripoll Servent -- The irregular immigration policy conundrum : problematizing "effectiveness" as a frame for EU criminalization and expulsion policies / Sergio Carrera and Jennifer Allsopp -- Informalizing EU readmission policy / Jean-Pierre Cassarino -- Border management : the Schengen regime in times of turmoil / Ruben Zaiotti -- EU visa policy : decision-making dynamics and effects on migratory processes / Mathias Czaika and Florian Trauner -- EU labor immigration policy : from silence to salience / Georg Menz -- Organized crime : balancing national sensitivities with global necessities / Daniela Irrera -- Cyber crime as a fragmented policy field in the context of the area of freedom, security and justice / Helena Carrapico and Benjamin Farrand -- EU counter-terrorism : glass half-full or half-empty / Oldrich Bures -- Data protection policies in EU justice and home affairs : a multilayered and yet unexplored territory for legal research / Paul de Hert and Vagelis Papakonstantinou -- EU home affairs and technology : how to make sense of information and data processing / Julien Jeandesboz -- EU criminal law : an expanding field for research, with some unchartered territories / Anne Weyembergh and Chloé Brière -- Judicial cooperation in civil matters : coming of age? / Eva Storskrubb and Anna Wallerman -- Family reunification and migrant integration policies in the EU : dynamics of inclusion and exclusion / Saskia Bonjour -- Europe's core member states : intended and unintended consequences of strong policy-shaping traditions / Andreas Ette -- Southern Europe : twenty-five years of immigration control on the waterfront / Claudia Finotelli -- Differentiated integration and the Brexit-process in EU justice and home affairs / Steve Peers -- Central and Eastern Europe : the EU's struggle for rule of law pre- and post-accession / Ramona Coman -- The western Balkans : decreasing EU external leverage meets increasing domestic reform needs / Florian Trauner and Zoran Nechev -- Justice and home affairs in EU-Turkey relations : mutual interests but much distrust / Alexander Bürgin -- The Eastern Partnership countries and Russia : a migration-driven cooperation agenda with the European Union / Oleg Korneev and Peter Van Elsuwege -- The southern Mediterranean : a testing ground and a litmus test for EU JHA policies and research / Sarah Wolff and Patryk Pawlak -- Africa-EU relations on organized crime : between securitization and fragmentation / Judith Vorrath and Verena Zoppei -- The evolution of transatlantic legal integration : truly, madly, deeply? : EU-US justice and home affairs / Elaine Fahey -- EU cooperation in justice and home affairs with Australia and Canada : new ties that bind? / Agnieszka Weinar -- The EU and Latin America : a real security and development nexus or a superficial one? / Arantza Gómez Arana -- The EU-ASEAN relationship : cooperation on non-traditional security threats between discourse and practice / Angela Pennisi di Floristella -- The European Parliament in justice and home affairs : becoming more realistic at the expense of human rights? / Ariadna Ripoll Servent -- The European Court of Justice as a game changer : fiduciary obligations in the area of freedom, security and justice / Ester Herlin-Karnell -- The European Commission in justice and home affairs : pushing hard to be a motor of integration / Natascha Zaun -- The Council and European Council in EU justice and home affairs politics / Christof Roos -- The role of national parliaments in the area of freedom, security and justice : high normative expectations, low empirical results / Angela Tacea -- The EU's agencies : ever more important for the governance of the area of freedom, security and justice / Juan Santos Vara -- NGOs go to Brussels : challenges and opportunities for research and practice in AFSJ / Emek M. Uçarer -- International organizations and the area of freedom, security and justice / Claudio Matera Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. B y adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics