The Stockholm Programme sets new challenges for the AFSJ. The development of external relationshi... more The Stockholm Programme sets new challenges for the AFSJ. The development of external relationships with ENP and the Euro-Mediterranean Economic Area countries will prove problematic. The treaty boundary lines between the Common Foreign and Security Policy (CFSP) and the Area of Freedom Security and Justice (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.
The EU has tightened its definition of terrorism, yet gaps still remain. The nexus between public... more The EU has tightened its definition of terrorism, yet gaps still remain. The nexus between public (national security and law enforcement) services and private commercial operators needs further examination. This contribution proposes a global nodal governance of security, focusing on this public/private security nexus. This should be developed through the use of reflexive law-based mechanisms, supported by and working with traditional criminal law, to comply with the principle of legality. This would enable state security and law enforcement to benefit from the expertise and knowledge based in financial and technology commercial operators for the benefit of terrorism prevention.
IN THE EUROPEAN UNION (EU), THE IDEAS UNDERPINNING THE CONCEPT OF "SECURITY" are quite diverse an... more IN THE EUROPEAN UNION (EU), THE IDEAS UNDERPINNING THE CONCEPT OF "SECURITY" are quite diverse and involve a number of different actors. Before the entry into force of the Lisbon Treaty, security provisions used to be found in all three of the EU pillars and covered a wide range of topics, including border security, defence policy, police cooperation and counter-terrorism. The pillar structure has now been abolished and both the 'Area of Freedom, Security and Justice' and the common foreign, security and defence policies have become policy areas of 'shared competence'. This growing involvement of the EU in security matters is all the more remarkable since it was viewed as highly improbable for a long time given the closeness of some of these policy issues to national sovereignty. Interestingly, it also coincides with broader theoretical developments in the study of security. In the last twenty years, the discipline of security studies has experienced crucial changes. As emphasised by Mutimer (1999: 77), traditionally, "'security' was the security of the state, it was threatened by the military power of other states and defended by the military power of the state itself". However, this definition, advocated by strategic studies, has increasingly been viewed as poorly adapted to a changing international environment, especially after the end of the Cold War. Since then, the discipline of security studies has been characterised by the so-called 'widening-deepening debate'. The 'widening' dimension has focused on the extension of security to other issues or sectors than the military, whereas the 'deepening' dimension has questioned whether entities other than the state-such as the EU, for example-should be able to claim security threats (Krause and Williams 1996: 230). But what are the main security threats to the EU? As argued by various scholars, in particular the so-called 'Copenhagen School' (Buzan et al. 1998), it is difficult to objectively assess the significance of various threats. What can be studied is the process through which some issues come to be socially defined as security issues through a process of 'securitization' (Buzan et al. 1998). In that respect, there is no doubt that terrorism has come to be defined as one of the key security threats faced by the EU in the aftermath of 9/11. Over the years, various events have contributed to keeping this issue high on the brought to you by CORE View metadata, citation and similar papers at core.ac.uk
This paper proposes to look at the legal implications of the proposals outlined in the Cork Decla... more This paper proposes to look at the legal implications of the proposals outlined in the Cork Declaration, the implications on the Common Agricultural Policy on GATT 1994 accession, the impact of the European Regional Policy, and to examine possible avenues for development of a coherent legal structure for the European Rural Policy. The Framework of EC Law The law of the EC is based on the treaties, 1 and is supplemented by secondary legislation. 2 It comprises the first pillar of a three pillared structure referred to as the EU. As the EC is a legal entity 3 which operates on the basis of the rule of law, all activities of the EC must be provided for firstly, by way of treaty, and then may be elaborated upon by way of secondary legislation. This created a supranational legal jurisdiction of EC law, which, as a result of European Court of Justice case law, is, in the case of conflict with national law, is supreme over national law of any Member State, 4 with EC law being enforceable not only by the EC institutions, but also by all courts and tribunals in every member state. The policies of the European Community have been classified into two groups, 5 the principle aims and objectives of the EC, 6 and "horizontal and flanking policies", which is any other policy referred to in the treaties. 7 The horizontal or flanking policies are subject to the principle of subsidiarity, which was introduced into the EC Treaty by the Maastricht Treaty in 1992. 8 The Treaty of Rome, as amended by subsequent treaties, is classified as primary law, reflecting the amount of, and limits to, the sovereignty transferred from the Member States to the EC, with the secondary law of the EC, namely regulations, directives and decisions, relying on the provisions in the Treaties for their validity. While the
At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Comme... more At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Brussels 1968, (more commonly known as, and hereinafter referred to as the Brussels Convention) has all the appearances of being just another piece of EC law, dreamt up in Brussels by the vast European Union machinery pursuant to the Treaty of Rome as amended. Upon further examination, however, it becomes apparent that this document does not fall into any of the tidy boxes, of Regulation, Directive or Decision that usually account for the emanations from Brussels. This piece is not the product of the Council or the Commission. It is, in fact, an international treaty between the then Member States of the European Economic Community in 1968, as independent and sovereign states, to be subsequently amended and endorsed by each of the new Member States upon accession to, what is now known as, the European Union. The Brussels Convention 1 was updated as new members joined the EEC, 2 as it was then known. 3 Reports were also drawn up upon each 1
is designed for easy use by both trader and lawyer, 8 and for this reason it avoids the use of co... more is designed for easy use by both trader and lawyer, 8 and for this reason it avoids the use of conceptual legal terminology. The Vienna Convention is the product of a synthesis of legal systems and is the "fruit of world wide compromise". 9 As such it does not 'fit comfortably with the existing law of every country which adopts it'. 10 It is equally authoritative in each of its six languages, Arabic, Chinese, English, French, Russian and Spanish, 11 and is to be interpreted by national courts, without the help of a central interpreting body. Against this background of disparate legal and socioeconomic views, the creation of (and the subsequent uniform interpretation of) the Convention has been, and will continue to be, quite a challenge. The objective of the drafters of the Vienna Convention was to provide more objective principle and more precision in interpretation of the international rules governing contracts for the international sale of goods than arose from the ULIS. 12 The question which this article focuses upon is whether there is sufficient clarity in the convention in the definition of 'fundamental breach', and certainty in how it will be applied. In its report on the Convention, the Law Society of England and Wales gave
No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form ... more No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The key functional operability in the pre-Lisbon PJCCM pillar 1 of the EU is the exchange of inte... more The key functional operability in the pre-Lisbon PJCCM pillar 1 of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU's third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex 2 , when they say that they would prefer "to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be ...
With increasing globalization, transnational crime in general, and human trafficking in particula... more With increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the Sta...
The agricultural policies of the Member States of the EC have for many years now been controlled ... more The agricultural policies of the Member States of the EC have for many years now been controlled from Brussels under the Common Agricultural Policy (CAP). In recent years the CAP has, together with other policies of the EC, been refocused from crop production support to a European rural policy, with the term ‘sustainability’ being written into many policy documents. This term has achieved international recognition and the definition used by the Brundtland Commission has been widely accepted, as evidenced by its use in OECD documentation. While the term ‘sustainability’ has been written into World Trade Organisation (WTO) texts, the robustness of the term is questionable. The question then arises as to the legal interaction of WTO texts and multilateral environmental agreements, which do have ‘sustainability’ as their core philosophy. A new term has entered the regional and global debate in the policy area of agriculture, that of ‘multifunctionality’. The EC is increasingly defining ...
This paper examines the legal relationship between the World Trade Organisation's Agreement on Ag... more This paper examines the legal relationship between the World Trade Organisation's Agreement on Agriculture and the European Community's Common Agricultural Policy (CAP), in light of the reopening of the WTO Agricultural Negotiations in the Millennium Round. It also examines the impact of the Uruguay Round Agreement on Agriculture, on the Mac Sharry reforms of the CAP. An in depth study of the EC's Cereals Common Organisation is included. REOPENING OF WTO AGRICULTURAL NEGOTIATIONS Agriculture is one of the most developed policies within the EC, and one of the most contentious at a World Trade level. It is often overlooked by the uninitiated, who find that its high level of development has lead to a complexity which some find off putting. In addition, the terminology used is often more familiar to the family farmer than to the legal academic. The perception that the law pertaining to Agriculture at both the EC and the world trade level can be ring fenced and can be ignored by lawyers interested on other areas of law is erroneous. By the very nature of its high level of development, EC Agricultural law, and its interaction with WTO regulation can lead to the development of legal solutions to address agricultural issues which eventually cascade into other EC and WTO legal arenas. At one stage EC Agricultural issues comprised one third of the case law of the ECJ. This volume of case law has led to the development of core EC law principles. It is anticipated that a similar situation will arise at a World Trade level, and at the nexus between WTO regulation and EC law.
At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Comme... more At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Brussels 1968, (more commonly known as, and hereinafter referred to as the Brussels Convention) has all the appearances of being just another piece of EC law, dreamt up in Brussels by the vast European Union machinery pursuant to the Treaty of Rome as amended. Upon further examination, however, it becomes apparent that this document does not fall into any of the tidy boxes, of Regulation, Directive or Decision that usually account for the emanations from Brussels. This piece is not the product of the Council or the Commission. It is, in fact, an international treaty between the then Member States of the European Economic Community in 1968, as independent and sovereign states, to be subsequently amended and endorsed by each of the new Member States upon accession to, what is now known as, the European Union.
The European Union (EU)'s current provisions on the trafficking in human beings (THB) are pro... more The European Union (EU)'s current provisions on the trafficking in human beings (THB) are provided for, inter alia, in Council Framework Decision 2002/629/JHA. The Council of Europe have more recent provisions in this area, which are not yet widely in force. The EU has some major proposals for reform of its legal framework in the Stockholm Programme, to include the appointment of an EU Anti-Trafficking Coordinator. In addition, the focus of EU Justice and Home Affairs is shifting to the external relations of the EU under the Stockholm Programme. A critical examination of the EU legal framework in the area of THB from a law enforcement perspective is therefore timely. THB is a highly contentious and complicated area for regulation, with issues such as the support of the victims of trafficking, the particular needs of under-aged trafficked individuals, and the issues of due process when a witness may not be considered to be reliable during court proceedings, complicating operation...
The Stockholm Programme sets new challenges for the AFSJ. The development of external relationshi... more The Stockholm Programme sets new challenges for the AFSJ. The development of external relationships with ENP and the Euro-Mediterranean Economic Area countries will prove problematic. The treaty boundary lines between the Common Foreign and Security Policy (CFSP) and the Area of Freedom Security and Justice (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.
The EU has tightened its definition of terrorism, yet gaps still remain. The nexus between public... more The EU has tightened its definition of terrorism, yet gaps still remain. The nexus between public (national security and law enforcement) services and private commercial operators needs further examination. This contribution proposes a global nodal governance of security, focusing on this public/private security nexus. This should be developed through the use of reflexive law-based mechanisms, supported by and working with traditional criminal law, to comply with the principle of legality. This would enable state security and law enforcement to benefit from the expertise and knowledge based in financial and technology commercial operators for the benefit of terrorism prevention.
IN THE EUROPEAN UNION (EU), THE IDEAS UNDERPINNING THE CONCEPT OF "SECURITY" are quite diverse an... more IN THE EUROPEAN UNION (EU), THE IDEAS UNDERPINNING THE CONCEPT OF "SECURITY" are quite diverse and involve a number of different actors. Before the entry into force of the Lisbon Treaty, security provisions used to be found in all three of the EU pillars and covered a wide range of topics, including border security, defence policy, police cooperation and counter-terrorism. The pillar structure has now been abolished and both the 'Area of Freedom, Security and Justice' and the common foreign, security and defence policies have become policy areas of 'shared competence'. This growing involvement of the EU in security matters is all the more remarkable since it was viewed as highly improbable for a long time given the closeness of some of these policy issues to national sovereignty. Interestingly, it also coincides with broader theoretical developments in the study of security. In the last twenty years, the discipline of security studies has experienced crucial changes. As emphasised by Mutimer (1999: 77), traditionally, "'security' was the security of the state, it was threatened by the military power of other states and defended by the military power of the state itself". However, this definition, advocated by strategic studies, has increasingly been viewed as poorly adapted to a changing international environment, especially after the end of the Cold War. Since then, the discipline of security studies has been characterised by the so-called 'widening-deepening debate'. The 'widening' dimension has focused on the extension of security to other issues or sectors than the military, whereas the 'deepening' dimension has questioned whether entities other than the state-such as the EU, for example-should be able to claim security threats (Krause and Williams 1996: 230). But what are the main security threats to the EU? As argued by various scholars, in particular the so-called 'Copenhagen School' (Buzan et al. 1998), it is difficult to objectively assess the significance of various threats. What can be studied is the process through which some issues come to be socially defined as security issues through a process of 'securitization' (Buzan et al. 1998). In that respect, there is no doubt that terrorism has come to be defined as one of the key security threats faced by the EU in the aftermath of 9/11. Over the years, various events have contributed to keeping this issue high on the brought to you by CORE View metadata, citation and similar papers at core.ac.uk
This paper proposes to look at the legal implications of the proposals outlined in the Cork Decla... more This paper proposes to look at the legal implications of the proposals outlined in the Cork Declaration, the implications on the Common Agricultural Policy on GATT 1994 accession, the impact of the European Regional Policy, and to examine possible avenues for development of a coherent legal structure for the European Rural Policy. The Framework of EC Law The law of the EC is based on the treaties, 1 and is supplemented by secondary legislation. 2 It comprises the first pillar of a three pillared structure referred to as the EU. As the EC is a legal entity 3 which operates on the basis of the rule of law, all activities of the EC must be provided for firstly, by way of treaty, and then may be elaborated upon by way of secondary legislation. This created a supranational legal jurisdiction of EC law, which, as a result of European Court of Justice case law, is, in the case of conflict with national law, is supreme over national law of any Member State, 4 with EC law being enforceable not only by the EC institutions, but also by all courts and tribunals in every member state. The policies of the European Community have been classified into two groups, 5 the principle aims and objectives of the EC, 6 and "horizontal and flanking policies", which is any other policy referred to in the treaties. 7 The horizontal or flanking policies are subject to the principle of subsidiarity, which was introduced into the EC Treaty by the Maastricht Treaty in 1992. 8 The Treaty of Rome, as amended by subsequent treaties, is classified as primary law, reflecting the amount of, and limits to, the sovereignty transferred from the Member States to the EC, with the secondary law of the EC, namely regulations, directives and decisions, relying on the provisions in the Treaties for their validity. While the
At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Comme... more At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Brussels 1968, (more commonly known as, and hereinafter referred to as the Brussels Convention) has all the appearances of being just another piece of EC law, dreamt up in Brussels by the vast European Union machinery pursuant to the Treaty of Rome as amended. Upon further examination, however, it becomes apparent that this document does not fall into any of the tidy boxes, of Regulation, Directive or Decision that usually account for the emanations from Brussels. This piece is not the product of the Council or the Commission. It is, in fact, an international treaty between the then Member States of the European Economic Community in 1968, as independent and sovereign states, to be subsequently amended and endorsed by each of the new Member States upon accession to, what is now known as, the European Union. The Brussels Convention 1 was updated as new members joined the EEC, 2 as it was then known. 3 Reports were also drawn up upon each 1
is designed for easy use by both trader and lawyer, 8 and for this reason it avoids the use of co... more is designed for easy use by both trader and lawyer, 8 and for this reason it avoids the use of conceptual legal terminology. The Vienna Convention is the product of a synthesis of legal systems and is the "fruit of world wide compromise". 9 As such it does not 'fit comfortably with the existing law of every country which adopts it'. 10 It is equally authoritative in each of its six languages, Arabic, Chinese, English, French, Russian and Spanish, 11 and is to be interpreted by national courts, without the help of a central interpreting body. Against this background of disparate legal and socioeconomic views, the creation of (and the subsequent uniform interpretation of) the Convention has been, and will continue to be, quite a challenge. The objective of the drafters of the Vienna Convention was to provide more objective principle and more precision in interpretation of the international rules governing contracts for the international sale of goods than arose from the ULIS. 12 The question which this article focuses upon is whether there is sufficient clarity in the convention in the definition of 'fundamental breach', and certainty in how it will be applied. In its report on the Convention, the Law Society of England and Wales gave
No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form ... more No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The key functional operability in the pre-Lisbon PJCCM pillar 1 of the EU is the exchange of inte... more The key functional operability in the pre-Lisbon PJCCM pillar 1 of the EU is the exchange of intelligence and information amongst the law enforcement bodies of the EU. The twin issues of data protection and data security within what was the EU's third pillar legal framework therefore come to the fore. With the Lisbon Treaty reform of the EU, and the increased role of the Commission in PJCCM policy areas, and the integration of the PJCCM provisions with what have traditionally been the pillar I activities of Frontex, the opportunity for streamlining the data protection and data security provisions of the law enforcement bodies of the post-Lisbon EU arises. This is recognised by the Commission in their drafting of an amending regulation for Frontex 2 , when they say that they would prefer "to return to the question of personal data in the context of the overall strategy for information exchange to be presented later this year and also taking into account the reflection to be ...
With increasing globalization, transnational crime in general, and human trafficking in particula... more With increasing globalization, transnational crime in general, and human trafficking in particular, a design of new legal framework is required in order to effectively operationalize interstate law enforcement operations and prosecutions. The development of a transnational criminal legal framework—or frameworks—can build on pre-existing transnational economic frameworks. There is also the need to extend the application of domestic law beyond national borders to influence transnational corporate behavior. Regulations based on reflexive law are one possible approach. Teubner's idea of reflexive law has been informing developments in this area. This approach uses traditional national law to inform corporate governance strategies in order to achieve effects on the market. A few jurisdictions have already adopted measures modeled on this approach to tackle human trafficking and slavery-like conditions in global supply chains. Weaknesses in the approaches adopted by the UK and the Sta...
The agricultural policies of the Member States of the EC have for many years now been controlled ... more The agricultural policies of the Member States of the EC have for many years now been controlled from Brussels under the Common Agricultural Policy (CAP). In recent years the CAP has, together with other policies of the EC, been refocused from crop production support to a European rural policy, with the term ‘sustainability’ being written into many policy documents. This term has achieved international recognition and the definition used by the Brundtland Commission has been widely accepted, as evidenced by its use in OECD documentation. While the term ‘sustainability’ has been written into World Trade Organisation (WTO) texts, the robustness of the term is questionable. The question then arises as to the legal interaction of WTO texts and multilateral environmental agreements, which do have ‘sustainability’ as their core philosophy. A new term has entered the regional and global debate in the policy area of agriculture, that of ‘multifunctionality’. The EC is increasingly defining ...
This paper examines the legal relationship between the World Trade Organisation's Agreement on Ag... more This paper examines the legal relationship between the World Trade Organisation's Agreement on Agriculture and the European Community's Common Agricultural Policy (CAP), in light of the reopening of the WTO Agricultural Negotiations in the Millennium Round. It also examines the impact of the Uruguay Round Agreement on Agriculture, on the Mac Sharry reforms of the CAP. An in depth study of the EC's Cereals Common Organisation is included. REOPENING OF WTO AGRICULTURAL NEGOTIATIONS Agriculture is one of the most developed policies within the EC, and one of the most contentious at a World Trade level. It is often overlooked by the uninitiated, who find that its high level of development has lead to a complexity which some find off putting. In addition, the terminology used is often more familiar to the family farmer than to the legal academic. The perception that the law pertaining to Agriculture at both the EC and the world trade level can be ring fenced and can be ignored by lawyers interested on other areas of law is erroneous. By the very nature of its high level of development, EC Agricultural law, and its interaction with WTO regulation can lead to the development of legal solutions to address agricultural issues which eventually cascade into other EC and WTO legal arenas. At one stage EC Agricultural issues comprised one third of the case law of the ECJ. This volume of case law has led to the development of core EC law principles. It is anticipated that a similar situation will arise at a World Trade level, and at the nexus between WTO regulation and EC law.
At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Comme... more At first sight the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Brussels 1968, (more commonly known as, and hereinafter referred to as the Brussels Convention) has all the appearances of being just another piece of EC law, dreamt up in Brussels by the vast European Union machinery pursuant to the Treaty of Rome as amended. Upon further examination, however, it becomes apparent that this document does not fall into any of the tidy boxes, of Regulation, Directive or Decision that usually account for the emanations from Brussels. This piece is not the product of the Council or the Commission. It is, in fact, an international treaty between the then Member States of the European Economic Community in 1968, as independent and sovereign states, to be subsequently amended and endorsed by each of the new Member States upon accession to, what is now known as, the European Union.
The European Union (EU)'s current provisions on the trafficking in human beings (THB) are pro... more The European Union (EU)'s current provisions on the trafficking in human beings (THB) are provided for, inter alia, in Council Framework Decision 2002/629/JHA. The Council of Europe have more recent provisions in this area, which are not yet widely in force. The EU has some major proposals for reform of its legal framework in the Stockholm Programme, to include the appointment of an EU Anti-Trafficking Coordinator. In addition, the focus of EU Justice and Home Affairs is shifting to the external relations of the EU under the Stockholm Programme. A critical examination of the EU legal framework in the area of THB from a law enforcement perspective is therefore timely. THB is a highly contentious and complicated area for regulation, with issues such as the support of the victims of trafficking, the particular needs of under-aged trafficked individuals, and the issues of due process when a witness may not be considered to be reliable during court proceedings, complicating operation...
EU External Relations Law and Policy in the Post-Lisbon Era , 2011
The growth of the European Union (EU) from a small regional coordinating organisation devoted to ... more The growth of the European Union (EU) from a small regional coordinating organisation devoted to the management of coal and steel resources into a global political actor with a full range of power resources and unique responsibilities represents one of the most remarkable achievements in the history of international organisation. No other regional organisation on the planet has managed to take on so many of the traditional governing functions of its Member States while simultaneously developing its own power projection capabilities, involving trade policy, development and humanitarian aid, economic and financial sanctions, diplomacy and good offices, policing forces, and military forces. This achievement is even more remarkable when one considers the uneven and even disorganised institutional history of European integration, which involves numerous actors with a wide range of power resources, policy interests, and institutional preferences for various forms of European integration. These actors involve not just institutions in Brussels and Luxembourg, such as the Commission and the European Court of Justice, but also national governments and policymakers, private firms, academics and think-tanks, concerned citizens, and other interested players, all organised in dense webs of formal and informal networks across the EU and beyond. Despite this diffusion of actors, or perhaps because of it, European integration is critically dependent on the emergence of rules to govern the activities of these players, in the form of customs, norms, international treaties, regulations, and other laws at the EU and national levels. This system of law has been associated primarily with, and instigated by, the steady development of the single European market since the 1950s. However, as the EU's global ambitions have increased, so has its concern with the overall purpose and effectiveness of its various international activities. The EU is paying more attention than ever before to the external impact of European integration, and in areas well beyond the more traditional-for the EU-trade and economic development policy domains. This concern to improve the overall coherence of the EU's foreign policies was a major impetus behind the failed effort to
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