Justice and Home Affairs in the aftermath of September 11: opportunities and challenges

[Abstract by Archive of European Integration editor]. This essay focuses on the re-emphases and activities, such as judicial and police cooperation in criminal and cross-border matters, caused by September 11

EU Asylum Governance and E(xc)lusive Solidarity: Insights From Germany

The response to the so‐called refugee crisis of 2015 in the European Union was haphazard and inconsistent with the stated mission of solidarity. This article situates the EU’s response and its Common European Asylum System (CEAS) as defensive integration producing the lowest common denominator policies. It argues that the rise of right‐wing populism redefines solidarity in narrow and exclusionary terms, in contrast to the inclusive and global solidarity espoused by the EU. Drawing on Germany as a case study of how domestic populist pressures also rise to the European level, the article juxtaposes the demise of the EU’s temporary relocation system (an attempt at internal inclusive solidarity) and the success of the EU–Turkey deal (an attempt at externalization and risk avoidance), both initiatives led by Germany. Solidarity efforts championed by Germany were quickly stymied by (Central Eastern European) member states that not only rejected efforts at temporary solutions but blocked efforts to develop permanent mechanisms and a substantive CEAS reform

“From the Sidelines to Center Stage? The Commission in Post-Amsterdam Justice and Home Affairs”

This paper focuses on the European Commission’s efforts to adapt to the post-Maastricht setup in Justice and Home Affairs (JHA) as it attempts to break new ground, take on new responsibilities in a different decision-making environment, and get involved in issue areas that were previously in the sole sovereign domain of the member states. The argument is informed by the hypotheses of the new institutional analysis of European integration while pointing out some of the challenges faced by the commission in this new issue setting. It argues that the pillar structure hastily agreed upon during the Maastricht debates made a potentially awkward actor of the European Commission in the dialogue and decision-making in the third pillar, thereby putting constraints on its ability to act as a “competence-maximizing” institution. The awkwardness of the Commission’s position was further due to the general decline in its power in EU politics after 1992, with treaty limitations placed on its capacity to maneuver

"Controlling trafficking in women: The partnership between NGOs and the European Union"

In addition to attempting to create an integrated approach which promises to deal more effectively with this transnational criminal activity, the European Union is in the process of establishing formal linkages with nongovernmental organizations (NGOs) and incorporating their know-how as well as their financial and human resources into their efforts to stem the flow of trafficked women and address the suffering inflicted upon unsuspecting victims. This development is intriguing for substantive as well as theoretical reasons. Substantively, it signifies the beginning of a novel partnership between an intergovernmental organization (IGO) and NGOs at the regional level, a partnership that has not been fully explored in the previous attempts to build a global regime to combat trafficking. This partnership, which admittedly is still in its infancy, stands the chance of solidifying into a permanent arrangement, linking the supranational, state-level and sub-state level actors who must work together to combat trafficking. Theoretically, it raises questions about the nature of the IGO-NGO interface, an issue that has been brought to salience as scholars explore the growing inclusion of NGOs into global governance and the increase in the delegation to NGOs of the provision of services by large IGOs. This paper will briefly review the emergent literature that seeks to understand the cooperation between IGOs and NGOs, review the historical efforts by IGOs to address trafficking and highlight the process through which NGOs were first admitted into the European debate on trafficking and then made operational partners of the European Union in the last two years

"Sidekick no more? The European Commission in Justice and Home Affairs"

Cooperation in Justice and Home Affairs-an issue area that includes matters of asylum, immigration, police and judicial cooperation-is a relatively new policy arena for the European Union. The level and quality of the collective thinking on these issues have improved since the mid-1980s. JHA cooperation was formally endorsed in Maastricht and revisited during the 1996 IGC, resulting in new institutional frameworks within which discussions now occur. Throughout this period, the European Commission has seen its involvement in the decision-making enhanced. Its efforts as an actor began with a humble Task Force with which the Commission attempted to steer EU's policies on asylum and immigration, as well as police and judicial cooperation. After Amsterdam, and particularly as a result of the Commission's restructuring following the resignation of the Santer Commission, the Commission's institutional capacities as well as its charge vis-à-vis the treaties has changed quite remarkably. This paper reviews the Commission's role in JHA as an institutional actor and will evaluate its agency and emerging autonomy in these fields. It argues that the Commission has a stronger constitutional and institutional basis from which to work, bolstered by the increased propensity by member states to delegate to the Commission and enhanced by the creation of the Directorate General for Justice and Home Affairs. While improvements in the Commission's position vis-à-vis the immediate aftermath of Maastricht are visible, challenges remain nonetheless which constrain the Commission's ability to act as "competence-maximizing" institution with formal agenda-setting powers

From the Sidelines to Center Stage: Sidekick No More? The European Commission in Justice and Home Affairs

Cooperation in Justice and Home Affairs (JHA) � an issue area that includes matters of asylum, immigration, police and judicial cooperation � is a relatively new policy arena for the European Union. The level and quality of the collective thinking on these issues have improved since the mid-1980s. JHA cooperation was formally endorsed in Maastricht and revisited during the 1996 IGC, resulting in new institutional frameworks within which discussions now occur. Throughout this period, the European Commission has seen its involvement in the decision-making enhanced. Its efforts as an actor began with a humble Task Force with which the Commission attempted to steer EU's policies on asylum and immigration, as well as police and judicial cooperation. After Amsterdam, and particularly as a result of the Commission's restructuring following the resignation of the Santer Commission, the Commission's institutional capacities as well as its charge vis-à-vis the treaties has changed quite remarkably. This paper reviews the Commission's role in JHA as an institutional actor and will evaluate its agency and emerging autonomy in these fields. It argues that the Commission has a stronger constitutional and institutional basis from which to work, bolstered by the increased propensity by member states to delegate to the Commission and enhanced by the creation of the Directorate General for Justice and Home Affairs. While improvements in the Commission's position vis-à-vis the immediate aftermath of Maastricht are visible, challenges remain nonetheless which constrain the Commission�s ability to act as a �competence-maximizing� institution with formal agenda-setting powers.agency theory; Amsterdam Treaty; asylum policy; European Commission; Europeanization; harmonisation; immigration policy; institutionalism; leadership; Maastricht Treaty; Schengen; supranationalism; Third Pillar; political science