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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.
Acknowledgements
She would like to thank the organisers of this conference and the anonymous reviewers for their feedback on this paper.
Disclosure statement
No potential conflict of interest was reported by the author.
Notes
† This article was initiated via a European Commission funded workshop entitled ‘European Internal security’ which took place at the European University Institute, from 23 to 25 April 2012.
1. About to be given a new, post-Lisbon legal basis in Proposal for a Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument, COM (2011) 839 final.
2. Developed pursuant to the Barcelona Declaration, adopted at the Euro-Mediterranean Conference, 27 and 28 November 1995.
5. In particular, Algeria is a member of the Euro-Med arrangements, but not those of the ENP.
6. This phase in period is five years after the coming into force of the Lisbon Treaty (now expired), as provided in Protocol (No 36) on Transitional Provisions, Article 10.1 and 3 attached to the post-Lisbon TEU and TFEU.
7. The current set of Special Representatives have been posted to Afghanistan, Bosnia & Herzegovina, Central Asia, the Horn of Africa, Human Rights, Kosovo, the Middle East Peace Process, the Sahel and the South Caucasus & crisis in Georgia.
9. Comprehensive Operational Strategic Planning for the Police
10. EU Police Chiefs Task Force.
11. The EU's rules on data security are set out in Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information, OJ L 141, 27/05/2011, 17, while Europol continues to maintain its own, but very similar provisions in Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information, OJ L 332/17.
12. For Europol, provided for by Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol), OJ L 121, 15/05/2009, 37, for Eurojust by Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime, OJ L 138/14, and for the balance of the AFSJ by Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, OJ L 350, 30.12.2008, 60. See further on this O'Neill, M.; The Issue of Data Protection and Data Security in the (Pre-Lisbon) EU Third Pillar, JCER Volume 6, Issue 2, 211–235.
15. Along with Jordan and Israel.
16. Whose membership comprises Albania, Bosnia & Herzegovina, Bulgaria, Croatia, Greece, Hungary, FRY Macedonia, Moldova, Montenegro, Romania, Serbia, Slovenia and Turkey. http://www.secicenter.org/.
17. Whose membership comprises Azerbaijan, Kazakhstan, Kyrgyz Republic, Russian Federation, Tajikistan, Turkmenistan and Uzbekistan. http://www.caricc.org/index.php?lang=english.
18. http://www.cepol.europa.eu, accessed 26 January 2012, Ref: 05/2012/CEPOL.
19. Which was adopted 30 November 2009, and incorporated in the Stockhom Action Plan, COM (2010) 171 of 20.04.2010.
20. See also Case C-Citation265/Citation03 Igor Simutenkov v Ministerio de Educación y Cultura and Real Federación Española de Fútbol [2005] ECR I-02579.