The new theatre of the struggle for EU unity: Judicial cooperation in criminal matters and police cooperation confronts member state sovereignty

Maja Lukic

doi:10.5937/analipfb1603140l

Abstract

Most institutions that play crucial role in enforcement of EU law regulating judicial cooperation in criminal matters and police cooperation today had existed before the enactment of the Lisbon Treaty, which transformed the nature of European legislation in that area from intergovernmental to supranational. The Lisbon Treaty afforded judicial cooperation in criminal matters and police cooperation a pronounced idiosyncrasy: the greatest degree of flexibility of Member State participation. The experience gained in applying the mechanism of enhanced cooperation, including the concept of the European public order, contributes to the utility of the entire body of law on judicial cooperation in criminal matters and police cooperation as the new unifying factor of the EU.

Highlights

The integration of the European Union has resulted seemingly more from the developments of the EU law, from the case-law of the Court of Justice of the European Union (CJEU), than from a political process.1 In the course of the past five decades several areas of law haveMaja Lukić (p. 140–153)appeared on the forefront of EU integration
Most institutions that play crucial role in enforcement of EU law regulating judicial cooperation in criminal matters and police cooperation today had existed before the enactment of the Lisbon Treaty, which transformed the nature of European legislation in that area from intergovernmental to supranational
The Lisbon Treaty brought significant changes – the judicial cooperation in criminal matters and police cooperation were removed from the former third pillar, which was abolished, into the Area of Freedom, Security and Justice, 10 forming part of the equivalent of the former first pillar

Summary

INTRODUCTION

The integration of the European Union has resulted seemingly more from the developments of the EU law, from the case-law of the Court of Justice of the European Union (CJEU), than from a political process. In the course of the past five decades several areas of law have. The integration of the European Union has resulted seemingly more from the developments of the EU law, from the case-law of the Court of Justice of the European Union (CJEU), than from a political process.. In the course of the past five decades several areas of law have. Appeared on the forefront of EU integration.

KEY ACHIEVEMENTS PRECEDING LISBON

NOVELTIES BROUGHT BY LISBON TREATY AND STATE OF PLAY

ENHANCED COOPERATION

THE EUROPEAN PUBLIC ORDER

CONCLUSION