The European Union Explained: Institutions, Actors, Global Impact

14. Justice and Home Affairs

14 Justice and Home Affairs The Maastricht Treaty added a further dimension to the construction of Europe: Justice and Home Affairs (JHA), which brings together the member states’ ministries of justice and the interior. JHA allows for dialogue and cooperation between police, customs and immigration services, and justice departments. The areas JHA covers are vast and include all internal security issues. Among the most significant are matters related to EU citizenship, asylum, immigration, and police and judicial cooperation. Those areas are examined in this chapter by addressing the following questions: Why do member states cooperate in JHA? 1. How meaningful is the concept of EU citizenship? 2. How unified are asylum and immigration policies across the EU? 3. How has the EU responded to the events of 9/11? 4. Reasons for Establishing JHA Arguably the main achievement of the EU was the establishment of a Single Market founded on the free movement of goods, services, capital, and people. The Schengen agreement, which came into force in 1985, removed internal border controls between 15-EUE Ch14 (121-27).indd 121 9/24/08 9:11:17 AM 122 · Policies participating countries and helped to further cement this privilege. While the Single Market and Schengen undoubtedly gave many benefits to European citizens, there was a downside to the ability to move freely across the continent. Terrorists, drug and human traffickers, money launderers, and organized crime could take advantage of a more open Europe. In the end, one member state’s security problem could become a security challenge for others. Improvements in police and judicial cooperation, therefore, have often been seen as a functional spillover of the Single Market program and the single currency. Greater integration in these fields was also needed following a number of political developments beginning with the social and political upheavals following the end of Communism in Eastern Europe and the Balkans. By the mid-1990s, new transit routes through the former Communist countries had been established and greatly facilitated the flow of drugs. Illegal trafficking of humans was also on the rise, as was the establishment of transnational mafia networks. Military conflicts following the breakup of Yugoslavia resulted in significant waves of refugees entering Western Europe and exacerbated the new security challenges confronting the EU. Adding to the challenges, the terrorist attacks on the United States on September 11, 2001, greatly accelerated political decisions at the EU level. During that time, public concern over illegal immigration and the subsequent success of several right-wing parties also encouraged member states to advance co-operation in the JHA field. JHA Prior to Maastricht In the 1970s the terrorism problem in Western Europe had already worsened sharply. The Irish Republican Army in Northern Ireland, the Baader-Meinhof gang in West Germany, and the Red Brigades in Italy shocked the political establishment. The hostage taking and murders of the Israeli team at the Munich Olympics in 1972 revealed that Europe was not immune to the political upheavals in the Middle East. To meet these threats, the Trevi Group1 of interior and justice ministers began to meet regularly starting in 1976. These Trevi meetings were conducted ad hoc, outside the EU framework, and strictly among national governments. Also, the Trevi Group did not set up any institutions or policy structures but concentrated purely on the exchange of information and communication on how best to combat transnational crimes. JHA in the 1990s: From Maastricht to Amsterdam The dramatically changing international political climate of the 1990s, including the emerging security vacuum in Central and Eastern Europe and the conflicts in the former Yugoslavia demanded a swift response from the EU. At Maastricht, in addition to setting up a second pillar focusing on the Common Foreign and Security Policy, the EU also established Pillar III called Justice and Home Affairs. Within this pillar, the member states agreed on areas of common interest including 15-EUE Ch14 (121-27).indd 122 9/24/08 9:11:17 AM Justice and Home Affairs · 123 asylum, external borders, immigration, drug addiction, and judicial cooperation on civil and criminal matters, customs, and the policing of drug trafficking, organized crime, and terrorism. But despite the ever growing security challenges, concerns over sovereignty remained and slowed progress in this area. When the Amsterdam Treaty was signed in 1997, the member states finally agreed to establish an “area of freedom, security, and justice” in the EU. As a first step...