EU Criminal Law and Justice
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EU Criminal Law and Justice

  • Elgar European Law series

Maria Fletcher, Robin Lööf and Bill Gilmore

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent ‘Lisbon Treaty’. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice – however defined – is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.
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Chapter 5: The External Dimension of EU Action in Criminal Matters

Maria Fletcher, Robin Lööf and Bill Gilmore

Extract

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...

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