1. DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW
MOSCOW, NOVEMBER JUSTICE AND HOME AFFAIRS AND EUROPEAN INTEGRATION
PROF DR JAAP W. DE ZWAAN
DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW
THE NETHERLANDS

2. INTERNATIONAL COOPERATION
INTERGOVERNMENTAL
SOVEREIGN GOVERNMENTS
CONSENSUS PRINCIPLE
APPROVAL BY NATIONAL PARLIAMENTS
SUPRANATIONAL
NEW ORGANIZATION
OWN COMPETENCES
OWN INSTITUTIONS
OWN INSTRUMENTS
LEGAL PERSONALITY

3. HISTORICAL ELEMENTS EEC SINGLE EUROPEAN ACT TREATY OF MAASTRICHT
SCHENGEN COOPERATION
TREATY OF MAASTRICHT
TREATY OF AMSTERDAM
TREATY OF NICE
REFORM TREATY

5. (E)EC 1958 INTERNAL MARKET AGRICULTURE TRANSPORT COMMERCIAL POLICY
FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL
AGRICULTURE
TRANSPORT
COMMERCIAL POLICY

6. SINGLE EUROPEAN ACT 1987 INTERNAL MARKET DEMOCRACY EFFICIENCY
BY THE END OF 1992
DEMOCRACY
POSITION EUROPEAN PARLIAMENT
EFFICIENCY
(QUALIFIED) MAJORITY VORING
EUROPEAN POLITICAL COOPERATION

7. SCHENGEN INTERGOVERNMENTAL COOPERATION AGREEMENT 1985
IMPLEMENTING CONVENTION 1990
ABOLISHMENT OF INTERNAL BORDER CONTROLS
ORGANIZATION OF EXTERNAL BORDER CONTROLS
VISA POLICY
ASYLUM POLICY

8. TREATY OF MAASTRICHT 1993 EUROPEAN UNION PILLAR STRUCTURE EMU
FIRST: EC (ECONOMIC)
SECOND: CFSP (FOREIGN POLICY)
THIRD: JHA (JUSTICE AND HOME AFFAIRS)
EMU
DEMOCRACY AND EFFICIENCY
NEW EC COMPETENCES

9. THIRD PILLAR: SUBJECT MATTERS OF COMMON INTEREST
ASYLUM POLICY
IMMIGRAITON POLICY
COMBAT OF DRUGS ADDICTION
COMBAT OF FRAUD
CIVIL LAW COOPERATION
CRIMINAL LAW COOPERATION
CUSTOMS COOPERATION
POLICE COOPERATION, INCLUDING EUROPOL (‘EUROPEAN POLICE ORGANIZATION’)

10. TREATY OF AMSTERDAM 1999 THE AREA OF FREEDOM, SECURITY AND JUSTICE
MOVEMENT OF PERSONS
‘COMMUNAUTARIZATION’
INTEGRATION SCHENGEN COOPERATION
REFORM THIRD PILLAR
EXCEPTIONS UK, IRELAND AND DANMARK
PARTICIPATION BY NORWAY, ICELAND AND SWITZERLAND

11. JHA: ‘THE AREA’ INTERNAL MARKET ALIENS LAW AND POLICY
FREE M0VEMENT OF PERSONS
ALIENS LAW AND POLICY
TITLE IV (PART THREE) EC TREATY
POLICE AND CRIMINAL LAW COOPERATION
TITLE VI EU TREATY

12. ‘COMMUNAUTARIZATION’: ALIENS POLICY OF THE EU
ABOLISHMENT OF INTERNAL BORDER CONTROLS
EXTERNAL BORDER CONTROL
VISA POLICY
SHORT STAY ARRANGEMENTS (UP TO THREE MONTHS)
ASYLUM POLICY
IMMIGRATION POLICY
CIVIL LAW COOPERATION

13. INTEGRATION OF SCHENGEN COOPERATION
PROTOCOL, ANNEXED TO THE TREATY OF AMSTERDAM
INTEGRATION OF SCHENGEN PROVISIONS IN THE FIRST AND THIRD PILLAR
FIRST PILLAR: TITLE IV EC TREATY
THIRD PILLAR: TITLE VI EU TREATY

14. REFORM OF THE THIRD PILLAR
INSTITUTIONAL ARRANGEMENTS
RIGHT OF INITIATIVE OF THE COMMISSION
ROLE OF THE EUROPEAN PARLIAMENT
JURISDICTION OF THE COURT OF JUSTICE
INSTRUMENTS
FRAMEWORK DECISION = DIRECTIVE

15. TREATY OF NICE 2003 PREPARATION ENLARGEMENT JHA
DECISION MAKING TITLE IV EC TREATY
ARTICLE 67 (5) EC

16. REFORM TREATY ONE INTERNATIONAL ORGANIZATION UNIFORM STRUCTURES JHA
EU WITH LEGAL PERSONALITY
UNIFORM STRUCTURES
DECISION MAKING
INSTRUMENTS
JHA
ABOLISHMENT THIRD PILLAR
COHERENT APPROACH OF THE POLICIES
MORE SUPRANATIONAL IN CHARACTER?

17. DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW
MOSCOW, NOVEMBER JHA AND THE AREA OF FREEDOM, SECURITY AND JUSTICE
PROF DR JAAP W. DE ZWAAN
DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW
THE NETHERLANDS

18. AREA OF FREEDOM, SECURITY AND JUSTICE
NEW TREATY CONCEPT
INTRODUCED BY THE TREATY OF AMSTERDAM (1999)
4th EU TREATY OBJECTIVE

19. ARTICLE 2, 4TH INDENT, EU
AN AREA OF FREEDOM, SECURITY AND JUSTICE IN WHICH THE FREE MOVEMENT OF PERSONS IS ASSURED IN CONJUNCTION WITH APPROPRIATE MEASURES WITH RESPECT TO EXTERNAL BORDER CONTROLS, ASYLUM, IMMIGRATION AND THE PREVENTION AND COMBATTING OF CRIME

20. COMPONENTS OF THE AREA INTERNAL MARKET TITLE IV EC TITLE VI EU
FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL
TITLE IV EC
ALIENS POLICY
TITLE VI EU
POLICE AND CRIMINAL LAW COOPERATION

21. INTERNAL MARKET ARTICLE 14 EC TREATY
AN AREA WITHOUT INTERNAL FRONTIERS IN WHICH THE FREE MOVEMENT OF GOODS, PERSONS, SERVICES AND CAPITAL IS ENSURED IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY

22. TITLE IV EC: ARTICLES 61 - 69 EC TREATY
ABOLISHMENT OF INTERNAL BORDER CONTROLS
ORGANIZATION OF EXTERNAL BORDER CONTROLS
VISA POLICY
SHORT STAY (THREE MONTHS)
ASYLUM POLICY
IMMIGRATION POLICY
CIVIL LAW COOPERATION

23. TITLE VI EU: ARTICLES 29 - 42 EU TREATY
POLICE COOPERATION
EUROPOL (EUROPEAN POLICE ORGANIZATION)
CRIMINAL LAW COOPERATION
EUROJUST

24. CRIMINAL LAW COOPERATION (EXAMPLES)
TERRORISM
ORGANIZED CRIME
FRAUD
CORRUPTION
DRUGS ADDICTION
HUMAN TRAFICKING
CYBER CRIME
CUSTOMS COOPERATION

25. THE HAGUE PROGRAM 2005-2010 FREEDOM SECURITY JUSTICE
COMMON ASYLUM SYSTEM
LEGAL MIGRATION
INTEGRATION
SECURITY
EXCHANGE OF INFORMATION
COMBAT OF TERRORISM
PREVENTION OF CRIME
JUSTICE
PENAL AND CIVIL LAW
MUTUAL RECOGNITION
EUROJUST

26. MOSCOW, NOVEMBER 2007 THE REFORM TREATY AND JHA
PROF DR JAAP W. DE ZWAAN
DIRECTOR ‘CLINGENDAEL’ AND PROFESSOR OF EU LAW
THE NETHERLANDS

27. HISTORICAL ELEMENTS TREATY OF NICE 2000 DECLARATION OF LAKEN 2001
EUROPEAN CONVENTION
IGC
CONSTITUTIONAL TREATY 2005
REFERENDA 2005
REFLECTION PERIOD
REFORM TREATY 2007

28. REFORM TREATY: MAIN CHARACTERISTICS
ONE INTERNATIONAL ORGANIZATION: EU
AMENDING TREATY
TREATY ‘ON THE FUNCTIONING OF THE EUROPEAN UNION’
EU TREATY
LEGAL PERSONALITY FOR THE EU

29. INSTITUTIONAL INNOVATIONS
PERMANENT PRESIDENT OF THE EUROPEAN COUNCIL
HIGH REPRESENTATIVE OF THE EUROPEAN UNION OF FOREIGN AFFAIRS
COMPOSITION OF THE COMMISSION
WEIGHTING OF THE VOTES IN THE COUNCIL
55 % OF THE NUMBER OF MEMBER STATES
65 % OF THE OVERALL POPULATION OF THE (MEMBER STATES OF THE) EUROPEAN UNION
ORGANIZATION OF THE PRESIDENCY OF THE COUNCIL

30. REFORM TREATY AND JHA COHERENT STRUCTURE OF THE POLICIES
UNIFORM DECISION MAKING PROCEDURES
EXCEPTIONS
UNIFORM INSTRUMENTS
MORE SUPRANATIONAL IN CHARACTER?

31. THE FUTURE OF JHA THE HAGUE PROGRAM THE REFORM TREATY
THE REFORM TREATY
2009?
COOPERATION WITH THIRD COUNTRIES
FURTHER ENLARGEMENTS