The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 17: Delegation and Accountability of Criminal Agencies after Lisbon: An Examination of Europol

Bleddyn Davies


Bleddyn Davies* 1. INTRODUCTION As the scope of European Union (EU) law has increased, so has the number of independent or quasi-independent agencies necessary to allow it to carry out its work. This is true in every field of Union law including Police and Judicial Cooperation in Criminal Matters (PJCCM) where both Europol and Eurojust provide centres for European criminal cooperation. The creation of the European Police Office, Europol, under the pre-Lisbon Third Pillar was designed to encourage closer engagement and provide a conduit for operations between police authorities in the Member States. This type of cooperation, outside the core of internal market activities, has been historically more politically controversial and the Third Pillar retained oversight from the Member States which was not present in the first. However, weaknesses in the Third Pillar mechanisms for judicial oversight and accountability structures meant that the analysis of the old Third Pillar was based on a tacit belief that communitarisation would be the solution to these wider problems and that the Third Pillar structures were outdated for the role they had to perform.1 This chapter will, however, seek to demonstrate that in some respects the Lisbon reforms in relation to criminal law, while bringing the competence within the Treaty on the * I am extremely grateful to Michael Dougan, Ruth Lamont and Martin Trybus for their comments and advice on earlier versions of this chapter. Any errors or omissions remain entirely my own. 1 Douglas-Scott, S. (2004), ‘The Rule of Law in the...

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