Justice and Home Affairs


1 - 30 of 247
02 May 2013

Following the outbreak of the Arab Spring, the EU declared its intention to strengthen its external migration policy by setting up “mutually beneficial” partnerships with third countries in North Africa – the socalled ‘Dialogues for Migration, Mobility and Security’ – now placed at the centre of the EU’s renewed Global Approach to Migration and Mobility (GAMM).

02 May 2013

When immigration policy and the treatment of Roma collide in international relations there are surprising consequences which are revelatory of the underlying tensions between internal and external policies in the European Union. This book examines the relationship of citizenship, ethnicity and international relations and how these three aspects of the State, its people and its neighbours relate to one another.

29 March 2013

This paper assesses the uses and misuses in the application of the European Arrest Warrant (EAW) system in the EU by examining the main quantitative results of this new extradition system achieved between 2005 and 2011. It argues that the next generation of the EU’s criminal justice cooperation and the EAW need to recognise and acknowledge that the mutual trust premise upon which the European system has been built so far is no longer viable without devising new structures and evaluation mechanisms for EU policy stakeholders.

25 February 2013

EU-Russia cooperation in the framework of the Common Space on Freedom, Security and Justice, launched almost a decade ago in 2003, has borne fruit more in the security aspects than the justice and liberty-related policy areas. This study assesses the uneven cooperation on justice and home affairs between the EU and Russia, while delving into the intersection between cooperation on justice, liberty and security and the promotion of human rights, democracy and rule of law in EU-Russia relations.

21 December 2012

Regulatory agencies such as Europol, Frontex, Eurojust, CEPOL as well as bodies such as OLAF, have over the past decade become increasingly active within the institutional architecture constituting the EU’s Area of Freedom, Security and Justice and are now placed at the forefront of implementing and developing the EU’s internal security model.  A prominent feature of agency activity is the large-scale proliferation of ‘knowledge’ on security threats via the production of policy tools such as threat assessments, risk analyses, periodic and situation reports.

18 December 2012

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination

14 December 2012

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation.

14 December 2012

This paper provides an overview of the ‘state of the art’ in the academic literature on EU labour migration policies. It forms part of the research agenda of Work Package 18 of the NEUJOBS project, which aims at reviewing legislation and practices regarding the labour market inclusion and protection of rights of different categories of foreign workers in European labour markets.

29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

03 August 2012

The outbreak of the Arab Spring and the unrest, revolution and war that followed during the course of 2011 have forced the EU to acknowledge the need to radically re-think its policy approach towards the Southern Mediterranean, including in the domain of migration.

20 July 2012

This paper examines two recent events in which people on the move making their way from Libya to Europe across the Mediterranean were either abandoned to die at sea or ‘pushed back’ (Hirsi case). It argues that these two cases are not incidental or isolated but rather part of a broader situation of concern in the Mediterranean. The paper highlights this situation and also connects it to Europe’s response to migratory flows during the Arab Spring.

01 June 2012

Commissioned by the European Parliament, this study assesses the ‘state of play’ of European countries’ inquiries into the CIA’s programme of extraordinary renditions and secret detentions in light of the new legal framework and fundamental rights architecture that has emerged since the Treaty of Lisbon entered into force.

26 March 2012

The Schengen system has been at the centre of sharp controversy throughout 2011 and the early months of 2012 arising from attempts by several member state governments to challenge the right to the free movement of persons and the abolition of internal border checks. The speech delivered by Nicolas Sarkozy early this month (March 2012), as part of the French presidential campaign, in which he threatened to suspend France’s participation in Schengen illustrates this phenomenon.

07 February 2012

This paper examines the impact of labour migration on unemployment in the context of the accession of Bulgaria and Romania to the EU and the EU’s rules on the free movement of workers. In particular, it addresses two questions. First, does intra-EU labour migration correlate with employment/unemployment rates in host or home member states during periods of unsettled growth? Second, how have member states reacted in terms of restricting or allowing access to their labour markets by EU-2 workers during the transitional periods?

14 November 2011

This study addresses the role of local and regional authorities (LRAs) in preserving the dignity and access to fundamental rights by undocumented immigrants in the EU. It does so by examining the following research questions:

10 November 2011

This study addresses the new challenges stemming from data processing policies and systems falling under the scope of police and judicial cooperation in criminal matters in the EU’s Area of Freedom, Security and Justice. It identifies a set of common basic principles and standards for the genuine assurance of data protection in all the phases of EU policy-making and for the effective implementation of this fundamental right of individuals.

09 November 2011

Migratory pressure from abroad and populist trends in Europe have already put considerable stress on borderless Europe, despite the open borders being one of its most precious achievements. But what in the past could be seen as annoying yet temporary disturbances attained an entirely different character under the Danish initiative launched in early May 2011. The move to install permanent controls, including customs houses and video surveillance, alarmed not just Brussels but also travellers and business associations EU-wide.

25 October 2011

This study sets out to examine the impact and implementation of the EU Charter of Fundamental Rights with respect to three EU Home Affairs agencies: Frontex, Europol and EASO. It assesses the relevance of the EU Charter when evaluating the mandates, legal competences and practices of these agencies, particularly in the fields of external border control and the management of migration.

03 October 2011

This paper critically examines the policy implications of the ongoing Canada-Czech Republic visa dispute for the founding principles of the EU’s immigration and asylum policies, notably those of reciprocity and solidarity. It addresses the main challenges posed by the unilateral reintroduction of visa requirements for nationals of the Czech Republic for the EU’s common visa policy, and for the fundamental rights of European citizens who belong to vulnerable and excluded groups, i.e. Roma, in search of international protection.

02 August 2011

Given Britain’s desire to maintain its own border controls, it will not join the EU’s passport-free ‘Schengen’ area in the foreseeable future. Ireland also has to stay out because it shares a common travel area with the UK.

01 July 2011

This report examines the nature, the limits and potential of the principle of integration as a two-way process of mutual accommodation between migrants and the receiving societies. It assesses the extent to which this key principle, which lays at the foundation of the EU framework on integration, is implemented in practice by investigating how it informs national programmes supported by the European integration fund.

17 June 2011

This Policy Brief is based on a case study conducted within Work Package 1 of the INEX project on the development of the Schengen Information System II (SIS II), as set out in the author’s earlier working document, “The Difficult Road to the Schengen Information System II: The Legacy of ‘Laboratories’ and the Cost for Fundamental Rights and the Rule of Law”.

17 June 2011

This study contrasts the current role of customs at the EU’s external borders with the role it was intended to perform according to international standards in border management. There is a considerable imbalance between the involvement of customs and border guards, which impedes the smooth operation of border control and poses security risks for the Union and its citizens, including terrorist attacks. This paper analyses the causes of this imbalance and proposes appropriate solutions that are in line with international standards.

17 June 2011

In February 2011, the European Commission published a proposal for a new Directive on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crimes. This proposal replaces an earlier draft of 2007 for a Framework Decision on the use of PNR data for law enforcement purposes. The new proposal does not seem to allay the earlier concerns of important stakeholders with regard to the 2007 proposal.

16 June 2011

This Liberty & Security paper argues that for the EU’s Global Approach to Migration to address its unfinished elements and policy incoherencies, the European Union needs to develop common policy strategies focused on: first, new enforcement and independent evaluation mechanisms on the implementation of the European law on free movement, borders and migration, and the compatibility of EU member states and EU agencies’ actions with the EU Charter of Fundamental Rights.

14 June 2011

There is no doubt that EU measures on the automated processing of data on individuals have an impact on fundamental rights. But which fundamental rights are more deeply affected by them? And how should these rights be safeguarded to ensure the effective protection of individuals and democratic societies? This Policy Brief highlights a series of elements that are critical to addressing the legal dilemmas arising in this area and puts forward recommendations based on research undertaken for the INEX project (Work Package 2).

29 April 2011

In April 2011, France reintroduced internal border checks with Italy to prevent mobility by North African immigrants who hold temporary residence permits issued by Italy and who had entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region. This has caused a diplomatic row between the two countries and provoked strong reactions other EU member states and at EU level. This paper examines the compatibility of the Italian and French measures with EU border legislation and legal principles as well as the foundations of the Schengen regime.

04 April 2011

This Liberty and Security working paper seeks to understand the reasons behind the considerable complications facing the project to develop a new, second generation version of the Schengen Information System (SIS II). Despite the centrality of this large-scale EU database for immigration and border control purposes and the increasing prioritisation of security technologies within the EU’s internal security strategy, the project has encountered substantial delays, an escalating budget, political crises and criticisms of the new system’s potential impact on fundamental rights.