Maria O'Neill

EU Cross-Border Policing Provisions, the View from One of the Schengen Opt-out States.

At first sight the developments of cross-border operational capabilities for policing are welcome improvements within the “post-national” setting of the EU”.1 Organised crime is no respecter of borders or of differing national legal jurisdictions. Attempts made by criminals to exploit the differences across the EU in combating crime must be addressed. The deeper, however, we delve into the issues which come with cross-border policing, the more complex the picture becomes. Still, the very nature of “policing” differs from one jurisdiction to another, with some of the policing role in one jurisdiction being allocated to non-police law enforcement officers in another. While the core policing role “is basically the same”, “historically, the role of the police force as part of society and its modes of action are quite varied”.2 Acting as agents for their states, the police reflect the differences in “the cultures of government” in each of their countries, which “probably vary quite a lot.”3 While domestic debates on “law and order are increasingly situated within a European context”,4 the “plethora of policy actors involved within the (European)

A Critical Analysis of the EU Legal Provisions on Terrorism

Terrorism activities within the EU are essentially transnational. Given that counter-terrorism operations and prosecutions have been allocated to different actors in different EU member states, operating within quite differing legal provisions and systems, co-ordination by the EU in this area is to be welcomed. In addition to critically examining the new EU laws in this area, this paper focuses on legal framework for the interaction of police, security services, and judiciary across Europe in this task, to include Europol and Schengen provisions. It also pays particular attention to the divergent positions of the UK and Ireland within this framework.

Security cooperation, counterterrorism, and EU–North Africa cross-border security relations, a legal perspective

The EU is clearly in the process of developing an external dimension to the Area of Freedom, Security and Justice (AFSJ). This paper focuses on ex. Police and Judicial Cooperation in Criminal Matters (PJCCM) provisions. These developments pose specific legal basis issues for the EU, given its complex EU–member state legal relationship, and the inter-institutional balance, all reflected in the treaty framework post-Lisbon. New Court of Justice rulings are now emerging which will assist in this issue. Equally the approach to be taken in developing these relationships will be crucial. This paper proposes the adoption of an Onuf style constructivism in order to best capture the reality of the process that is developing, and has developed for the ex. PJCCM measures internally. This then needs to be allied with a constitutionalism model to ensure a balanced development of all three aspects of the AFSJ.

Agriculture, the EC and the WTO: a legal critical analysis of the concepts of sustainability and multifunctionality

The agricultural policies of the Member States of the EC have for many years now been controlled from Brussels under the Common Agricultural Policy (CAP). In recent years the CAP has, together with other policies of the EC, been refocused from crop production support to a European rural policy, with the term ‘sustainability’ being written into many policy documents. This term has achieved international recognition and the definition used by the Brundtland Commission has been widely accepted, as evidenced by its use in OECD documentation. While the term ‘sustainability’ has been written into World Trade Organisation (WTO) texts, the robustness of the term is questionable. The question then arises as to the legal interaction of WTO texts and multilateral environmental agreements, which do have ‘sustainability’ as their core philosophy. A new term has entered the regional and global debate in the policy area of agriculture, that of ‘multifunctionality’. The EC is increasingly defining agriculture as being multifunctional. This term has yet to be clearly defined at EC level, although the OECD has done some work in this area. How the millennium round of WTO negotiations reacts to the term ‘multifunctionality’ will have an important impact on the ECs CAP. This paper examines the issues of sustainability and multifunctionality, with particular reference to the agricultural policies of the EU and WTO, and their interaction.

The legal reach of police and judicial co-operation in criminal matters (PJCCM) measures across EU borders: extraterritoriality, territorial extension and the ‘Brussels effect’

Extraterritoriality, territorial effect and the Brussels effect are becoming key instruments for the analysis of the EU’s external commercial provisions. Extra territoriality and extra-territorial effect of EU law can be seen in the bi-lateral agreements under the EU’s European Neighbourhood Policy (ENP), Euro-Mediterranean (Euro-Med) policy. These, together with the Brussels effect concept, as developed by Bradford, should together shed light on the impact which the exportation of EU ex. PJCCM norms are having on the shifting borders of European internal security. The extent to which the EU uses extraterritoriality, and territorial extension, both contractual and non-contractual, and the extent to which the phenomena of the Brussels effect concept are seen will be highly relevant to the EU’s external relations in the ex. PJCCM matters developed in the future. This chapter introduces this form of analysis to the legal framework of the ex. PJCCM measures, in the context of the shifting borders of European internal security.

The development of the external dimension of the AFSJ – new challenges of the EU legal and policy framework†

ABSTRACT The Stockholm Programme sets new challenges for the Area of Freedom Security and Justice (AFSJ). The development of external relationships with European Neighbourhood Policy and the Euro-Mediterranean Economic Area countries will prove problematic. The treaty boundary lines between the Common Foreign and Security Policy and the AFSJ will need to be negotiated. In addition, the full range of EU provisions with regard to policing, investigation and prosecution, and fundamental and due process rights, all required to obtain safe convictions, which will need to be part of the EU external relations legal framework for the AFSJ. EU legal agreements for the AFSJ could be either directly with a particular third country, or via Europol. Europol counterparts could be the South-East European Law Enforcement Centre (SELEC) or the Central Asian Regional Information and Coordination Centre (CARICC). This paper will critically analyse the problems likely from an EU legal framework and policy perspective.

The winds of change blow again: The World Trade Organisation's impact on the European Community's Common Agricultural Policy

This paper examines the legal relationship between the World Trade OrganisationsAgreement on Agriculture and the European Communitys Common Agricultural Policy (CAP), in light of the reopening of the WTO Agricultural Negotiations in the Millennium Round. It also examines the impact of the Uruguay Round Agreement on Agriculture, on the Mac Sharry reforms of the CAP. An in depth study of the ECs Cereals Common Organisation is included.