1st Edition

Security versus Justice? Police and Judicial Cooperation in the European Union

By Florian Geyer, Elspeth Guild Copyright 2008

    One of the most dynamic areas of EU law since the great changes brought to the EU constitutional order by the Amsterdam Treaty in 1999 has been cooperation in the fields of policing and criminal justice. Both fields have already been the subject of substantial legislative effort in the EU and an increasing amount of judicial activity in the European Court of Justice. In 2007 - after the Constitutional Treaty of 2004 failed - the new Reform Treaty planned very substantive changes to these policies. Bringing together a wide-ranging set of topics and contributors, this book enables readers to understand these changes by examining three key questions: how did we get to the Reform Treaty; what have been - and still are - the key struggles in competence; and how do the changes fit into the transformation of police and judicial cooperation in criminal matters in the EU?

    Chapter 1 Introduction: The Search for EU Criminal Law—Where is it Headed?, Elspeth Guild, Florian Geyer; Part 1 Actors; Chapter 2 Security, Freedom and Accountability: Europol and Frontex, Sonja Puntscher Riekmann; Chapter 3 Eurojust—A Cornerstone of the Federal Criminal Justice System in the EU?, Ji?í Vlastník; Chapter 4 The Third Pillar and the Court of Justice: A “Praetorian Communitarization” of Police and Judicial Cooperation in Criminal Matters?, Eulalia Sanfrutos Cano; Chapter 5 EU Member States’ Complicity in Extraordinary Renditions, Judit Tóth; Part 2 Concepts and Instruments; Chapter 6 EU Police Cooperation: National Sovereignty Framed by European Security?, Didier Bigo; Chapter 7 Too Different to Trust? First Experiences with the Application of the European Arrest Warrant, Julia Sievers; Chapter 8 Reflexive Governance and the EU Third Pillar: Analysis of Data Protection and Criminal Law Aspects, Gloria González Fuster, Pieter Paepe; Part 3 Law and Policy; Chapter 9 The Competence Question: The European Community and Criminal Law, Valsamis Mitsilegas; Chapter 10 The Proposal for a Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, Mar Jimeno-Bulnes; Chapter 11 The “Prüm Process”: The Way Forward for EU Police Cooperation and Data Exchange?, Rocco Bellanova; Part 4 Practice—Achievements and Obstacles; Chapter 12 Policing a European Border Region: The Case of the Meuse-Rhine Euroregion, Toine Spapens; Chapter 13 Uniforms without Uniformity: A Critical Look at European Standards in Policing, Peter Hobbing; Chapter 14 Third Pillar Developments from a Practitioner’s Perspective, Richard Lang; Chapter 15 The EU Counter-Terrorism Strategy and Human Rights in Central Asia: Do as I Say Not as I Do?, Susie Alegre; Part 5 A Possible Future; Chapter 16 The Reform Treaty and Justice and Home Affairs: Implications for the Common Area of Freedom, Security and Justice, Sergio Carrera, Florian Geyer;


    Elspeth Guild is based at the Centre for European Policy Studies, Brussels, Belgium and is a Professor of European Migration Law at Radboud University, Nijmegen, The Netherlands. Florian Geyer is based at the European Commission, Brussels, Belgium.

    'An excellent and highly readable guide on the essentials of police and judicial cooperation in the European Union. Presents a comprehensive, analytic and balanced portrait covering a variety of themes in a rapidly changing legal landscape...a vital source of reference for students, researchers and policy makers in this field.' Gert Vermeulen, Ghent University, Belgium