- Elgar European Law series
Chapter 5: The External Dimension of EU Action in Criminal Matters
In 1997, McGoldrick, in his International Relations Law of the European Union,1 illuminated the manner in which the EU had emerged as a signiﬁcant actor on the international stage. However, then as now, this development was less mature and cohesive in the area of criminal justice than in other spheres of activity. For instance, it was not until late 2005 that the ﬁrst overall strategy was elaborated in an eﬀort to bring a much needed element of coherence to the external dimensions of this important policy area. This was brought about in direct response to the political demands made in the November 2004 Hague Programme. The ‘Strategy for the External Dimension of JHA: Global Freedom, Security and Justice’ endorsed by Europe’s leaders is examined in the ﬁnal section of this chapter. The reasons for the limited onus upon the external dimension of EU activity in this ﬁeld are in some measure formal. As Monar reminds us, ‘When justice and home aﬀairs (JHA) were for the ﬁrst time introduced by the Treaty of Maastricht (1993) as a policy-making domain of the EU, no provision was made for cooperation of the Union with third countries.’2 As we noted earlier in the book,3 it was only with the conclusion and entry into force of the Treaty of Amsterdam that the ﬁrst steps were taken to address this fundamental constraint. Even then the perspective of the Union remained – perhaps unsurprisingly – primarily inward looking. It is, for example, instructive to...
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