MOSCOW, NOVEMBER 2007 JUSTICE AND HOME AFFAIRS AND EUROPEAN INTEGRATION PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS

INTERNATIONAL COOPERATION INTERGOVERNMENTAL –SOVEREIGN GOVERNMENTS –CONSENSUS PRINCIPLE –APPROVAL BY NATIONAL PARLIAMENTS SUPRANATIONAL –NEW ORGANIZATION –OWN COMPETENCES –OWN INSTITUTIONS –OWN INSTRUMENTS –LEGAL PERSONALITY

HISTORICAL ELEMENTS EEC SINGLE EUROPEAN ACT –SCHENGEN COOPERATION TREATY OF MAASTRICHT TREATY OF AMSTERDAM TREATY OF NICE REFORM TREATY

(E)EC 1958 INTERNAL MARKET –FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL AGRICULTURE TRANSPORT COMMERCIAL POLICY

SINGLE EUROPEAN ACT 1987 INTERNAL MARKET –BY THE END OF 1992 DEMOCRACY –POSITION EUROPEAN PARLIAMENT EFFICIENCY –(QUALIFIED) MAJORITY VORING EUROPEAN POLITICAL COOPERATION

SCHENGEN INTERGOVERNMENTAL COOPERATION AGREEMENT 1985 IMPLEMENTING CONVENTION 1990 –ABOLISHMENT OF INTERNAL BORDER CONTROLS –ORGANIZATION OF EXTERNAL BORDER CONTROLS –VISA POLICY –ASYLUM POLICY

TREATY OF MAASTRICHT 1993 EUROPEAN UNION PILLAR STRUCTURE –FIRST: EC (ECONOMIC) –SECOND: CFSP (FOREIGN POLICY) –THIRD: JHA (JUSTICE AND HOME AFFAIRS) EMU DEMOCRACY AND EFFICIENCY NEW EC COMPETENCES

THIRD PILLAR: SUBJECT MATTERS OF COMMON INTEREST ASYLUM POLICY IMMIGRAITON POLICY COMBAT OF DRUGS ADDICTION COMBAT OF FRAUD CIVIL LAW COOPERATION CRIMINAL LAW COOPERATION CUSTOMS COOPERATION POLICE COOPERATION, INCLUDING EUROPOL (‘EUROPEAN POLICE ORGANIZATION’)

TREATY OF AMSTERDAM 1999 THE AREA OF FREEDOM, SECURITY AND JUSTICE MOVEMENT OF PERSONS –‘COMMUNAUTARIZATION’ –INTEGRATION SCHENGEN COOPERATION –REFORM THIRD PILLAR EXCEPTIONS UK, IRELAND AND DANMARK PARTICIPATION BY NORWAY, ICELAND AND SWITZERLAND

JHA: ‘THE AREA’ INTERNAL MARKET –FREE M0VEMENT OF PERSONS ALIENS LAW AND POLICY –TITLE IV (PART THREE) EC TREATY POLICE AND CRIMINAL LAW COOPERATION –TITLE VI EU TREATY

‘COMMUNAUTARIZATION’: ALIENS POLICY OF THE EU ABOLISHMENT OF INTERNAL BORDER CONTROLS EXTERNAL BORDER CONTROL VISA POLICY SHORT STAY ARRANGEMENTS (UP TO THREE MONTHS) ASYLUM POLICY IMMIGRATION POLICY CIVIL LAW COOPERATION

INTEGRATION OF SCHENGEN COOPERATION PROTOCOL, ANNEXED TO THE TREATY OF AMSTERDAM INTEGRATION OF SCHENGEN PROVISIONS IN THE FIRST AND THIRD PILLAR –FIRST PILLAR: TITLE IV EC TREATY –THIRD PILLAR: TITLE VI EU TREATY

REFORM OF THE THIRD PILLAR INSTITUTIONAL ARRANGEMENTS –RIGHT OF INITIATIVE OF THE COMMISSION –ROLE OF THE EUROPEAN PARLIAMENT –JURISDICTION OF THE COURT OF JUSTICE INSTRUMENTS –FRAMEWORK DECISION = DIRECTIVE

TREATY OF NICE 2003 PREPARATION ENLARGEMENT JHA –DECISION MAKING TITLE IV EC TREATY –ARTICLE 67 (5) EC

REFORM TREATY ONE INTERNATIONAL ORGANIZATION –EU WITH LEGAL PERSONALITY UNIFORM STRUCTURES –DECISION MAKING –INSTRUMENTS JHA –ABOLISHMENT THIRD PILLAR –COHERENT APPROACH OF THE POLICIES –MORE SUPRANATIONAL IN CHARACTER?

MOSCOW, NOVEMBER 2007 JHA AND THE AREA OF FREEDOM, SECURITY AND JUSTICE PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS

AREA OF FREEDOM, SECURITY AND JUSTICE NEW TREATY CONCEPT INTRODUCED BY THE TREATY OF AMSTERDAM (1999) 4th EU TREATY OBJECTIVE

ARTICLE 2, 4 TH INDENT, EU AN AREA OF FREEDOM, SECURITY AND JUSTICE IN WHICH THE FREE MOVEMENT OF PERSONS IS ASSURED IN CONJUNCTION WITH APPROPRIATE MEASURES WITH RESPECT TO EXTERNAL BORDER CONTROLS, ASYLUM, IMMIGRATION AND THE PREVENTION AND COMBATTING OF CRIME

COMPONENTS OF THE AREA INTERNAL MARKET –FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL TITLE IV EC –ALIENS POLICY TITLE VI EU –POLICE AND CRIMINAL LAW COOPERATION

INTERNAL MARKET ARTICLE 14 EC TREATY AN AREA WITHOUT INTERNAL FRONTIERS IN WHICH THE FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL IS ENSURED IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY

TITLE IV EC: ARTICLES EC TREATY ABOLISHMENT OF INTERNAL BORDER CONTROLS ORGANIZATION OF EXTERNAL BORDER CONTROLS VISA POLICY SHORT STAY (THREE MONTHS) ASYLUM POLICY IMMIGRATION POLICY CIVIL LAW COOPERATION

TITLE VI EU: ARTICLES EU TREATY POLICE COOPERATION –EUROPOL (EUROPEAN POLICE ORGANIZATION) CRIMINAL LAW COOPERATION –EUROJUST

CRIMINAL LAW COOPERATION (EXAMPLES) TERRORISM ORGANIZED CRIME FRAUD CORRUPTION DRUGS ADDICTION HUMAN TRAFICKING CYBER CRIME CUSTOMS COOPERATION

THE HAGUE PROGRAM FREEDOM –COMMON ASYLUM SYSTEM –LEGAL MIGRATION –INTEGRATION SECURITY –EXCHANGE OF INFORMATION –COMBAT OF TERRORISM –PREVENTION OF CRIME JUSTICE –PENAL AND CIVIL LAW –MUTUAL RECOGNITION –EUROJUST

MOSCOW, NOVEMBER 2007 THE REFORM TREATY AND JHA PROF DR JAAP W. DE ZWAAN DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW THE NETHERLANDS

HISTORICAL ELEMENTS TREATY OF NICE 2000 DECLARATION OF LAKEN 2001 EUROPEAN CONVENTION IGC CONSTITUTIONAL TREATY 2005 REFERENDA 2005 REFLECTION PERIOD REFORM TREATY 2007

REFORM TREATY: MAIN CHARACTERISTICS ONE INTERNATIONAL ORGANIZATION: EU AMENDING TREATY –TREATY ‘ON THE FUNCTIONING OF THE EUROPEAN UNION’ –EU TREATY LEGAL PERSONALITY FOR THE EU

INSTITUTIONAL INNOVATIONS PERMANENT PRESIDENT OF THE EUROPEAN COUNCIL HIGH REPRESENTATIVE OF THE EUROPEAN UNION OF FOREIGN AFFAIRS COMPOSITION OF THE COMMISSION WEIGHTING OF THE VOTES IN THE COUNCIL –55 % OF THE NUMBER OF MEMBER STATES –65 % OF THE OVERALL POPULATION OF THE (MEMBER STATES OF THE) EUROPEAN UNION ORGANIZATION OF THE PRESIDENCY OF THE COUNCIL

REFORM TREATY AND JHA COHERENT STRUCTURE OF THE POLICIES UNIFORM DECISION MAKING PROCEDURES –EXCEPTIONS UNIFORM INSTRUMENTS MORE SUPRANATIONAL IN CHARACTER?

THE FUTURE OF JHA THE HAGUE PROGRAM – THE REFORM TREATY –2009? COOPERATION WITH THIRD COUNTRIES FURTHER ENLARGEMENTS