This chapter provides an analysis of EU criminal justice as an external policy. It identifies its restrictions based on the lack of criminal law competence in the foreign policy realm. In lieu of the lack of such competence, the chapter will then discuss the advancement of indirect EU international cooperation in criminal matters by identifying briefly the instruments available and their legal basis. It will then turn to some case studies, starting with a consideration of the EU’s strategic partnership with Russia and the potential for a new EU-Russia legally binding agreement with criminal law implications and the issues of legislative competence surrounding it. The chapter also considers EU policy on capabilities enhancement in the Western Balkans as part of the development of regional cooperation with a view to EU accession. Once legal competence is established in this context, the purpose is to evaluate the political competency of the EU to influence public policy in the field of criminal justice.
Theodore Konstadinides and Despoina Mantzari
The chapter seeks to unravel the nexus between the EU’s CFSP and energy policy. In doing so, it examines the externalization and securitization of the EU’s internal energy market and argues that the development of the EU’s energy security policy has become an important variable in ensuring EU wider foreign policy objectives. Rather than addressing the CFSP liaisons with EU energy policy solely from the perspective of foreign policy objectives, the chapter also explores the securitization of energy policy from the perspective of the internal market. It argues that there is a strong link between securitization and competitiveness. It also explores the EU’s capacity to externalize its internal market policies both inside and outside the contours of CFSP by providing an overview of the existing CFSP framework and insight on the extraterritorial application and force of EU competition law to achieve CFSP objectives.