Studies in EU Reform and Enlargement series
Edited by Udo Diedrichs, Wulf Reiners and Wolfgang Wessels
Chapter 8: Modes of EU Governance in the Justice and Home Affairs Domain: Specific Factors, Types, Evolution Trends and Evaluation
* Jörg Monar INTRODUCTION Since the entry into force of the Treaty of Amsterdam in 1999, EU justice and home affairs (JHA) in the context of the ‘area of freedom, security and justice’ (AFSJ) has developed into one of the major policymaking areas of the EU: developing the EU as an AFSJ has become one of the fundamental treaty objectives (Article 2 TEU). Since 1999 the Council has adopted on average ten new texts each month on JHA issues and there is no JHA field left which is not now covered by multi-annual programmes or action plans. JHA objectives have also ‘penetrated’ other policy areas of the EU, such as EU external relations and the internal market. As a result the JHA domain appears as the most rapidly developing and expansionist EU policy area in the postAmsterdam era. The rapid expansion of the JHA domain as an EU policy area can in itself be regarded as an interesting phenomenon of EU governance, but in this chapter – in line with the questions presented in the introduction to this volume – we will focus on the questions regarding which specific factors determine EU modes of governance in the JHA domain, which types can be identified and distinguished, what main evolution trends can be observed and how those modes appear from an evaluation point of view.1 Because of the wide range of different definitions of the concepts of ‘governance’ and ‘modes of governance’, it will be useful to clarify at the outset the meaning...
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