Oefenvragen HC7

• 1975 Trevi Group involved informal cooperation among member states aimed at addressing cross-border terrorism, organized crime, and trafficking.
• TREVI stands for Terrorisme, Radicalism, Extremism, Violence International.
• Trevi consisted of non-binding consultations separate from treaty frameworks.
• Trevi laid the groundwork for structures like JHA, Europol, Maastricht Treaty, and the Schengen Agreement, enabling policing on a supranational level.
• 1986 Schengen Agreement removed internal borders within the EU and created shared external border policies.
• The Schengen Information System (SIS) was introduced for data sharing purposes.
• Visa policies were standardized across the EU.
• The first country of entry handles asylum applications for the entirety of EU MS, thereby removing workload for MS.
• Maastricht Treaty (1992) created the third pillar (CJHA) for intergovernmental cooperation covering issues like asylum, immigration, counter-terrorism, and organized crime.
• JHA Council decision-making required unanimity, and had limited roles for the Commission, EP, and CJEU, involving non-binding policy instruments.
• Amsterdam Treaty (1997) renamed CJHA (justice and home affairs) to AFSJ (Area of freedom, Security, and Justice).
• Immigration, asylum, and civil judicial cooperation were transferred to the first pillar to increase supranational governance,
• Proposals now come from the European commission.
• European Parliament gained more involvement → giving citizens more representatives a say in these policies
• Schengen incorporated into EU law.
• Criminal matters remained intergovernmental (third pillar).
• Tampere Summit (1999) introduced the Common European Asylum System (CEAS) and discussed the future of CJHA (third pillar), focusing on freedom of movement, judicial system convergence, and better migration management.
• This summit emphasized tackling racism and xenophobia, deterring human trafficking, and linking CJHA to foreign policy and development aid to address migration root causes.
• European Judicial Area entails mutual recognition of judicial decisions.
• There exists information exchange for prosecutions.
• Eurojust was created (→ Tampere), assisting national investigations of organized crime. The European Police College provides training of supranational police and law enforcement.
• European Arrest Warrant (ex. a suspect wanted for fraud in Spain can be arrested from Germany within weeks, rather than months or years)
• Hague Programme (2004) focused on fighting terrorism and securing external borders.
• Frontex was established securing borders (European Border and Coast Guard Agency).
• Intelligence sharing and analysis of terrorist threats improved through SitCen.
• Partnerships with origin/transit countries were meant to address migration at the root and ensuring migrants could be returned to their home countries efficiently.
• Conclusion of further readmission agreements was reached.
• Lisbon Treaty (2009) abolished the pillar structure.
• CJEU jurisdiction was expanded over all areas of AFSJ (pillar III).
• Commission was given co-initiative rights alongside MS.
• The EP gained co-legislative power under OLP (Ordinary Legislative Procedure).
• Internal security strategy against organized crime and terrorism was strengthened.
• Integrated border management was implemented (Frontex) → Balancing security with free movement.

Challenges to Schengen

• Increased migration pressures have impacted the Schengen area, including events in the Western Balkans (economic migration), the Arab Spring (political unrest), and the 2015 migration crisis (refugees from Syria, Afghanistan, Africa), leading to temporary reinstatement of internal border controls.
• Resistance from Eastern European countries (Hungary & Poland) to relocation quotas combined with overburdened frontline states (Greece & Italy) created challenges.
• UNHCR (United Nation Commissioner for Refugees) and IOM (International Organisation for Migration) involvement inadequate because of limited authority and capacity challenges, and lack of integration within EU policies.

External Implications of the AFSJ

• The AFSJ wasn't meant to be an independent external policy.
• External counter-terrorism cooperation is linked to CFSP (Common foreign and Security Policy)
• Agreements with third countries are made, especially readmission pacts, necessary for visa liberalization with the EU.
• Europol, Eurojust, and Frontex are able to sign agreements with third countries.
• EP consent is required in these agreements, especially those related to readmission, visa liberalization and security cooperation → this ensures that such agreements respect EU values, such as human rights and democratic accountability.

Migration Crisis (2015)

• A large-scale crisis predominantly involving refugees from Syria, Afghanistan, and Africa required that national border checks be reinstated, relying heavily on member states' capacities for asylum processing and control.
• Despite the Common European Asylum System (CEAS), the Dublin Convention placed primary responsibility on countries of first entry, burdening states like Greece and Italy.
• Migration policies balance human rights protection with operational steps, such as saving lives at sea and combating smugglers through NATO maritime operations.

Dublin Convention

• Dublin Convention determines responsibility for asylum applications, based on the first country of entry.
• It aims to avoid asylum shopping but doesn't include burden sharing mechanisms between MS.
• Common European Asylum System (CEAS) standardizes asylum measures and quality across the EU.

EU's Agenda on Migration (2015)

• It combines supranational and intergovernmental approaches:
• Strengthened Frontex for external border management during crises.
• Reformed the Dublin Regulation with a fairness mechanism for relocation.
• Hotspots were established in Italy and Greece for migrant screening operations.
• Return Directive was created for repatriation of migrants.
• Asylum Procedures Directive was created for common standards for asylum to ensure fairness, efficiency and protection of asylum seekers.
• There was a Reception Conditions Directive based on reception standards for asylum seekers in EU countries, regarding healthcare, housing, food, and access to education or employment.

Intergovernmental Aspects of EU Agenda on Migration

• The EU-Turkey Deal (2016) aimed to reduce irregular migration through resettlement.
• Turkey agreed to take back migrants in return of aid and visa liberalization for Turkish nationals.
• Trust Funds were set up: The Africa Trust Fund was set up, which sought to address the root causes of migration.

More on Migration

• The EU Regional Trust Fund for Syrian Crisis was created for humanitarian aid and assistance.
• The EU collaborated with North Africa, this building reception centers in exchange for aid and trade benefits.
• Clause of readmission into trade agreements with former colonies allows for trade agreements with non-EU countries (often former colonies) requiring these countries to let their nationals who entered the EU irregularly return.
• The EU works to address migration root causes (poverty, conflict, instability, climate change).
• A country is considered safe if it ensures democracy, human rights, and no persecution, torture, or armed conflict.
• There is no formal EU-wide safe country list. The EU is working on harmonized lists; MS can propose additions. The New Pact on Migration (2020) balances responsibility and solidarity among member states, each MS contributing by taking in relocated refugees, sponsoring integration measures, or sponsoring returns Return Mechanisms exist.
• Return Mechanisms are: Voluntary Returns (encouraging migrants to return to their home voluntarily), and Readmission Agreements, agreements with third countries to ensure they accept the return of their nationals who entered the EU irregularly.
• Removal operations are coordinated by Frontex: Forced return.