Chapter 10: Administrative Governance in the Field of EU Police and Judicial Co-operation
10. Administrative governance in the fields of EU police and judicial co-operation Hartmut Aden INTRODUCTION The European Union is characterised by a mix of intergovernmental and supranational forms of governance since its creation by the Maastricht treaty in the early 1990s. The constitutional treaty will reduce the areas of intergovernmental co-operation if it enters into force. This chapter will outline the speciﬁcity of governance in the ﬁelds of police and judicial cooperation – the policies that remained in the EU’s ‘Third Pillar’ after the 1997 Amsterdam treaty. Governance in these ﬁelds is closely linked to the multi-level structure of the EU polity. I aim to show that speciﬁc forms of multi-level administrative and judicial governance have been developed in these two closely connected , but also very different ﬁelds. In spite of the intergovernmental structure of the ‘Third Pillar’ as it was installed in the early 1990s by the Maasticht treaty, decision-making in these ﬁelds is not purely political, but even more inﬂuenced by administrative actors than in other ﬁelds of European integration. This is mainly due to the speciﬁc mix of administrative and judicial governance that characterises these ﬁelds. The impact of judicial decision making, occasionally considered a mere ‘ﬁne-tuning’ for other policies, is central not only to the direction policy will take but also to its legitimacy. The institutional balance within the policy area raises questions of legal character, like – for instance – concerns about the appropriate division of power between executive and judicial branches, about the...
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