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The dynamics of justice and home affairs: laboratories, driving factors and costs

journal contribution
posted on 2023-06-08, 00:13 authored by Jorg Monar
The rapid development of justice and home affairs into a major field of EU policy-making since the beginning of the 1990s can be explained by a combination of specific `laboratories' which helped pave the way ¿ and `driving factors¿ which triggered development and expansion. Whereas the Council of Europe, Trevi and Schengen have served as effective laboratories, new or increasing transnational challenges to internal security, Member States' interests in a `Europeanization' of certain national problems and the dynamic of its own generated by the launching of the `area of freedom, security and justice¿ as a major political project have all acted as major driving forces. Yet the rapid development has also had its price in terms of deficits in parliamentary and judicial control, complexity and fragmentation, an uneven development of the main justice and home affairs policy areas and a tendency towards restriction and exclusion.

History

Publication status

  • Published

Journal

Journal of Common Market Studies

ISSN

0021-9886

Publisher

Wiley-Blackwell

Issue

4

Volume

39

Page range

747-764

Pages

18.0

Department affiliated with

  • Politics Publications

Notes

This article provided one of the first attempts at an overall explanation of why and how justice and home affairs (JHA) have developed into one of the most dynamic EU policy-making domains since the mid-1990s. It brings out the importance of TREVI and Schengen cooperation as precursors and laboratories, the impact of negative "spill-over" effects from the internal market in the field of internal security, and of certain increased international pressures (such as in the migration field), as well as the interests of some member states in "Europeanising" JHA issues in order to both reduce domestic political pressures and enhance the effectiveness of national policy-responses. The article also highlights the "costs" these very factors have engendered in terms of complexity and democratic and judicial control deficits.

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2012-02-06

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