ARTICLE
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The Resources of European Security - Developing the EU Treaty Bases for Police Cooperation and Judicial Cooperation in Criminal Matters

Pages
24
2008 / Vol. 20, No. 1, (67)
Digital Edition

The Resources of European Security -
Developing the EU Treaty Bases
for Police Cooperation and Judicial Cooperation
in Criminal Matters

Clemens Ladenburger

Dr. iur., LLM (Chicago). Member of the Legal Service of the European Com­mis­­sion 

This report traces the genesis, and analyses the structure, of the new provisions now included in the Treaty of Lisbon on police cooperation and judicial coopera­tion in criminal matters. They are to be understood against the backdrop of institu­tional shortcomings of the present framework set out in the third pillar of the Euro­pean Union: a lack of efficiency and effectiveness, complexity, and problems of le­gitimacy. Thanks to the dynamics that developed in the European Convention in 2002-2003, these problems were addressed in the European Constitution of 2004, which foresaw a de facto “communitarisation” of the third pillar. This result is pre­served in the Treaty of Lisbon. The report explains the main factors that made it pos­sible to achieve this result: some special institutional arrangements, a thorough revision of the Union’s competencies, and extended opt-out/opt-in regimes. Fi­nally, the report looks at the radically changed Treaty foundations of Europol and Eurojust that, together with the possibility of creating a European Public Prosecu­tor’s Office, offer further institutional resources for European security.