Institutional vis-à-vis Policy Change: Crossing Pillars in the European Union’s Area of Freedom, Security and Justice

Josifovic, Ivica and Keskoski, Zlatko (2017) Institutional vis-à-vis Policy Change: Crossing Pillars in the European Union’s Area of Freedom, Security and Justice. Knowledge - International Journal, Scientific and Applicative Papers, 16.4. pp. 1427-1435. ISSN 1857-923X

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Abstract

European Union’s cooperation in the Area of Freedom, Security and Justice refer to fundamental statehood functions, including the protection of internal security, national border control and access of citizen, migrants and asylum seekers to law and justice. Therefore, the decision-making process in this area influences the level (actual or perceptive) of security of individuals in the European Union, as well as their rights and freedoms. This paper elaborates the possibility of communitarization in the Area of Freedom, Security and Justice and why the institutional changes in EU’s competences of supranational institutions did not introduced significant political changes in this specific area. It draws the attention on limitations from which the empowered institutions and member-states were faced at the time of establishing the new decision-making procedure (co-decision procedure). If the key principles of some specific policies in the Area of Freedom, Security and Justice were defined before institutional changes were made, the Council as a leading institution in intergovernmental cooperation, easily could find the way to prevail in the changing nature of European Union’s institutions and to absorb or put aside the actors with competing appetites. The paper compares the importance of the decision making procedure with two alternative guidelines that could potentially lead towards political changes, namely the possibility of litigation by The Court of Justice of the European Union and the impact of unexpected external happenings. Further, the paper presents the findings of a systematic, comparative and theoretic grip in communitarization process of the Area of Freedom, Security and Justice, reaching from migration through organized crime to data protection. At the end, the paper concludes with some considerations regarding the implications in institutional and policy changes, due to the activities of the Court of Justice of the European Union and the dominant role of the Council and EU member-states. The terrorist attacks in 2015 and the current migration/refugee crisis confirm some of the findings presented in this paper, notably that the member-states remain key factors in determining the political changes in the specific area for Freedom, Security and Justice.

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Ivica Josifovik
Date Deposited: 07 Feb 2018 13:39
Last Modified: 07 Feb 2018 13:39
URI: http://eprints.ugd.edu.mk/id/eprint/19375

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