Justice and Home Affairs

1
Justice and Home Affairs

• Pillar III in Maastricht EU Freedom and Security
• JHA as High Politics,
• Defense of National Sovereignty but Pressure for
  Common Action
• (JHA not to be Confused with ECJ)

2
Freedom and Internal Security as High Politics

• Fundamental Rights
• Foundation principle Free Movement of Persons
• Citizenship of the Union
• Inter-Governmental Decision-making

3
What is Schengenland

• The Schengen Accords Outside the treaties, by
  core Europe,
• Removal of Internal Borders
• Consequences?
• Opt-outs for UK, Ireland, Denmark
• 15 Schengen countries

4
Immigration Traditions and Policy Change

• From Guest Workers to Permanent Residents
  Europe as Multi-ethnic (Hix table, 362)
• Bases for Citizenship Jus Soli vs. Jus Sanguinis
  Policy Change
• Post-Communism Open Borders, 1990s new waves of
  Migration

5
Immigration National Policy, Pressure on EU

• Popular Fears and Extremist Politicization
• Rise of Anti-Foreigner Parties in National
  Elections
• Ineffectiveness of National Immigration Policies
• Partial Europeanization to diffuse Voters
  Concerns at national level?

6
Asylum and Refugees

• Product of open borders, civil wars, economic
  chaos, persecutions, de facto Refugees
• Political reactions Rise of Xenophobic Extremism
  
• Policy Response Tightening Immigration and
  Liberal Asylum Laws,

7
Outer Border Issues No Fortress Europe?

• Rise in Migration due to Wars, ethnic cleansings
  (Balkans), political and economic crises in
  Regions near EU,
• Migratory Influxes of Impoverished, Illegal
  Entrants via Porous Frontiers
• The Soft Under-Belly of Europe Lampudesa,
  Canary islands, Malta
• Proposed Frontex Border Agents

8
Political Responses

• Appeals and Electoral gains of Anti-Foreigner,
  anti- EU parties and Leaders
• Le Pens early 1980s Breakthrough of FN
• Haider, Austrian FPÖ
• Italy Lega Nord and AN
• Belgium, Denmark, The Netherlands
• Representation in European Parliament

9
Policy Responses?

• Pressure for change in Single market
• Program
• Removal of Border Controls
• Maastricht JHA (Pillar III) and new DG.
• Amsterdam and Nice Shift in Agenda-setting and
  Enforcement to Supranational Commission and
  Extension of ECJ Jurisdiction, greater Role for EP

10
Policing and Judicial Cooperation

• 1975 Trevi group Combating Terrorism via
  Information Exchanges
• Pillar III Inclusion of Trevi
• Inter-governmentalism ECJ limited role
• EU does not have legitimate Monopoly of Use of
  Police Force

11
Europol

• Europol What can it do?
• Intergovernmental (Commission, EP excluded)
• 1990s Rise in Illegal Immigrations and
  Trans-Border Crime
• 2006 European Arrest Warrants
• Eurojust Judicial Cooperation