A timely inquiry
65. The EU Justice and Home Affairs agenda is arguably
at the most difficult juncture since its inception in 1999. The
Hague Programme faces uncertainty thrown up by the failure of
the Constitutional Treaty and a mid-term review, enlargement beyond
the current 27 Member States will require a change in voting arrangements
(the current Nice Treaty only provides for voting arrangements
for up to 27 Member States), increasing disquiet is being expressed
with the current institutional arrangements in the third pillar
and a wider debate is opening up over the future of the European
Union.
66. The nature of the forthcoming agenda for Justice
and Home Affairs will necessarily be influenced by the outcome
of the wider debate on the future of the European Union's institutional
arrangements. However, the nature of some of the key challenges
over the next decade is already clear. They will include:
a) Structural challenges resulting from the
current institutional arrangements. Pressures resulting from
the current decision-making structures look set to continue, with
frustration among some Members States about the continuing requirement
(in the absence of the Constitutional Treaty) of unanimity on
'third pillar' issues. If they are not addressed in a structured
way, it looks increasingly likely that those states which are
keen to increase third pillar co-operation will employ methods
outside the formal EU structure.
b) Philosophical approaches to co-operation.
The Tampere Summit in 1999 introduced the principle of mutual
recognition as a cornerstone of police and judicial co-operation
in criminal matters and an alternative to harmonisation of substantive
criminal law. A number of European policy-makers have expressed
the opinion that mutual recognition is reaching its limits as
a fundamental principle of co-operation. Some would like to see
more harmonisation between the law and policy of Member States.
Others would advocate practical co-operation measures alone.
c) Practical challenges of crime, migration
and terrorism. Undoubtedly terrorists and organised criminals
will continue to become ever more sophisticated, and illegal migrants
continue to find new ways of crossing borders. The Union must
find new ways to respond to these fluid challenges, bearing always
in mind the principles of proportionality and respecting rights
as well as enforcing security.
d) Tensions between the state and the individual.
A rise in the threat from terrorism and organised crime has highlighted
the difficulty in ensuring adequate security provisions at the
European and national levels whilst preserving fundamental rights
and freedoms of individuals. The Union must aim to strike a balance
which places weight on both sides of the argument.
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