Police and Judicial Co-operation in Criminal Matters

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22 Questions

What was the main motivation behind the transfer of competences from the JHA pillar to the EC pillar?

To achieve more efficient decision-making

What was the outcome of the communitarisation of the Schengen acquis?

The integration of the Schengen system into the EU legal framework with an opt-out for the UK and Ireland

What was the original purpose of the Schengen agreement?

To provide for the abolition of border controls on the movement of persons between EU Member States

What was the significance of the Amsterdam Treaty in relation to the JHA pillar?

It renamed the JHA pillar to Police and Judicial Co-operation in Criminal Matters

Why did the Member States prefer inter-governmental processes over supra-national processes?

Because they encroached less on national sovereignty

What was the approach to European integration described by Jean Monnet?

A step-by-step process through practical cooperation

What was the outcome of the adoption of the EU Charter of Fundamental Rights?

It was adopted as a non-binding document

What was the perspective on the emergence of the European Council?

A regressive feature that takes away from the Commission's role

What was the original focus of the EEC Treaty?

Economic development and cooperation

What is the name of the theory that describes the approach to regional integration?

Neofunctionalism

What was the exception to the integration of the Schengen system into the EU legal framework?

The UK and Ireland were given an opt-out from the Schengen system

What is the idea behind neo-functionalism?

A progressive decline of relevance of the state

What is a result of successful integration in one field, according to neo-functionalism?

Spill-over effects to other areas

What was the impact of the Treaty of Amsterdam on the field of Justice and Home Affairs?

It repatriated some areas to the more supranational first pillar

Why was the European Council's leadership role important for the EU?

It pushed an agenda that might have been difficult for the Commission to push

What is a characteristic of the process of European integration?

A complex process with both intergovernmental and supranational elements

What was the primary motivation for Western European states to pursue closer ties in the post-WWII period?

To establish a united front against the Eastern European Soviet bloc

What is the main aim of the Council of Europe, as defined in Article 1(a) of its Statute?

To achieve a greater unity between its members

What is the significance of the Treaty of London in the context of European integration?

It created the Council of Europe

What is the importance of bringing European States into closer association, as expressed in the preamble to the Statute of the Council of Europe?

To pursue peace based on justice and international cooperation

What is the common heritage of European States, as referred to in the Statute of the Council of Europe?

Ideals and principles

What is the relationship between European integration and the risk of inter-state conflict, as implied in the text?

European integration lowers the risk of inter-state conflict

Study Notes

Historical Development of the European Union

  • The Amsterdam Treaty led to a partial transfer of competences from the JHA pillar to the EC pillar, reflecting the Member States' view that their objectives would be unlikely to be achieved under a purely inter-governmental framework.
  • The Schengen acquis was communitarized, integrating the Schengen system into the EU legal framework, with an opt-out for the UK and Ireland.
  • The Amsterdam Treaty also led to the adoption of an EU Charter of Fundamental Rights on a non-binding basis.

Initial Steps towards European Integration

  • The post-WWII period saw a surge in diplomatic activity and domestic politics to promote cooperation between Western European states.
  • The Council of Europe was established by the Treaty of London in 1949, with the aim of achieving greater unity between its members and safeguarding common ideals and principles.
  • The Council of Europe's Statute emphasizes the importance of cooperation for peace, justice, and international cooperation, and the preservation of human society and civilization.

Theories of Integration

  • Jean Monnet's approach to European integration was based on the concept of "small steps," where practical cooperation in one sector would gradually extend to other sectors.
  • This approach is theorized as "neo-functionalism," which suggests that successful integration in one field would generate "spill-over effects" to other areas, leading to a progressive decline of the relevance of the state.

Quiz on the changes in the European Union's Pillar structure, specifically the transfer of competences from the JHA pillar to the EC pillar.

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