The Routledge Handbook of Justice and Home Affairs Research

Cover
Half Title Page
Title Page
Copyright Page
Contents
List of figures
List of tables
Notes on contributors
Acknowledgments
PART I:
Introduction
Chapter 1: Justice and home affairs research:
Introducing the state of the art and avenues for further research
Introduction
Academic research in the field of JHA
The academic communities dominating JHA research
Normative versus non-normative
approaches
The major lines of research
Dynamics of decision-makingand the role of EU institutions
Policy change, impact and implementation
The external dimension of JHA
Avenues of future research
Dynamics of decision-makingand the role of EU institutions
Policy change, impact and implementation
Research on the external dimension of JHA
An outlook to the handbook
Bibliography
PART II:Theories of justice and home affairs
Chapter 2: The governance of internal security: Beyond functionalism and the finality
of integration?
Introduction
The governance perspective: family resemblances
The governance of internal security and the transformation of security provision
Governance in EU justice and home affairs
Conclusions and outlook
Bibliography
Chapter 3: Securitization: Turning an approach into a framework for
research on EU justice and home affairs
Introduction
Securitization in its original formulation by the Copenhagen School
Core tenets of securitization
From criticisms to improvements
Turning an approach into a framework
Securitization: avenues for research
Conclusion
Note
Bibliography
Chapter 4: Public policy approaches and the study of European Union justice and home
affairs
Introduction
The public policy ‘turn’ in EU studies and JHA research
Actor-basedapproaches
Policy networks
Epistemic communities
Advocacy coalitions
Policy entrepreneurship
Institutional-focusedapproaches
Historical institutionalism
Sociological institutionalism
Rational choice institutionalism
Ideas-based approaches
Conclusion: cross-cutting approaches and next steps in research
Acknowledgment
Bibliography
PART III: Analyzing justice and home affairs
policies (the sectoral dimension)
Chapter 5: Asylum and refugee
protection: EU policies in crisis
Introduction
Evolution of EU asylum policies
The main scholarly debates
The nature of European integration: burden-sharingand the principle of
responsibility
Securitization
Institutional and procedural aspects
External dimensions of migration and extra-territorialization of protection responsibilities
The 2015 crisis of EU refugee policies
Conclusion and agenda for research
Bibliography
Chapter 6: The irregular immigration policy conundrum:
Problematizing ‘effectiveness’ as a frame for EU criminalization and expulsion policies
Introduction
Irregular immigration and the EU: background and state of play
Expulsion and smuggling policies: Europeanization dynamics in a
multi-actorfield
‘Measuring’ effectiveness: deceptive statistics
‘Effective’ management of arrivals?
Expulsions: a myopic view
Criminalization measures ‘in country’: unintended consequences?
Social trust
Conclusions and avenues for future research
Bibliography
Chapter 7: Informalizing EU
readmission policy
Introduction
Unmet preconditions
The contingency gap
1999 to 2005: the drive for normative readmission
The years 2005 to 2009: prelude to the EU drive for flexibility
The year 2010 to the present: the EU drive for flexibility
Conclusion
Notes
Bibliography
Chapter 8: Border management:
The Schengen regime in times of turmoil
Introduction
Managing teichopolitics: border governance in the European Union
Teichopolitics in action: EU border policies
Conclusion: towards a Schengen redux?
Notes
Bibliography
Chapter 9: EU visa policy: Decision-makingdynamics and effects on
migratory processes
Introduction
The politics of EU visa harmonization and liberalization
Developing a common EU visa policy
Visa facilitation and liberalization
The effects of visa policies
The visa policy’s influence on migratory processes
Economic implications of visa restrictions
Conclusions
Bibliography
Chapter 10: EU labor immigration
policy: From silence to salience
Introduction
The genesis of EU migration policy
Scholarly debates regarding EU labor migration policy-making
Future policy and research challenges in labor migration studies
Bibliography
Chapter 11: Organized crime: Balancing national sensitivities with global
necessities
Introduction
The origins and evolution of OC
Theoretical debates
Policy debates
Conclusions: a new research agenda on organized crime
Bibliography
Chapter 12: Cyber crime as a fragmented policy field in the context of the area of freedom, security and
justice
Introduction
Conceptualizing cyber crime
Problematic definitions
The evolution of cyber crime as a EU policy field
Cyber crime polic(y/ies) challenges and their impact upon the area of freedom,
security and justice
Conclusion
Notes
Bibliography
Chapter 13: EU counter-terrorism:
Glass half-fullor half-empty?
Introduction
Historical evolution and key actors and aspects of EU counter-terrorism
Literature review and theoretical explanations of EU counter-terrorism
Counter-terrorismas a process of gradual European integration
Policy outputs in EU counter-terrorism
The impact of external actors upon EU counter-terrorism
Major debates: security, accountability, justice, effectiveness
How effective is the EU in the field of counter-terrorism?
A tradeoff between security and liberty?
Note
Bibliography
Concluding remarks
Chapter 14: Data protection policies in EU justice and home affairs: A multi-layeredand yet unexplored territory for
legal research
Introduction
The general regulatory instruments within the EU justice and home affairs field:
from a decision to a Directive after Lisbon (layer 1)
The specific regulatory state within the EU justice and home affairs field: loose ends and umbrellas (layer 2)
The regulatory state at the high, standard-settingEU level: Regulation 45/2001 (layer 3)
The regulatory state at the EU agency level (layer 4)
Why so little academic attention in the past?
Main scholarly debates and future research avenues (first series of questions)
Main scholarly debates and future research avenues (second series of questions)
Concluding remarks: data protection in the EU justice and home affairs field as a yet unexplored territory for legal research
Bibliography
Chapter 15: EU home affairs and technology: How to make sense of information and data
processing
Introduction
Information and data processing as a security norm
Information and data processing as disposition and practice
Information and data processing as instrument and actant
Conclusion: the need to study the societal effects of home affairs information and data processing
Bibliography
Chapter 16: EU criminal law: An expanding field for research, with some
unchartered territories
Introduction
Evolution of the EU’s competence and institutional framework
Substance of EU criminal law
Conclusions
Notes
Bibliography
Chapter 17: Judicial cooperation in
civil matters: Coming of age?
Introduction
Historical evolution and key instruments
Effective enforcement or judicial protection?
The complex nature of mutual recognition and mutual trust
Is harmonization a viable solution?
The key scholarly debates
Concluding remarks
Bibliography
Chapter 18: Family reunification and migrant integration
policies in the EU: Dynamics of inclusion and exclusion
Introduction
EU migrant integration policies
The Long-term Residence Directive
The Family Reunification Directive
Non-binding EU migrant integration policy
Negotiating and implementing the directives: race to the bottom or safety net for
migrants’ rights?
Shifting policy paradigms: integration as condition for rights
Conclusion
Bibliography
PART IV: Justice and home affairs inside and outside Europe (the horizontal
dimension)
Chapter 19: Europe’s core member states: Intended and unintended consequences of strong policy-shaping
traditions
Introduction
European justice and home affairs and the autonomy of core member states
Securitization, venue-shoppingand the hardening of control
Supranationalization and the ‘new limits of control’
Globalization, Europeanization and convergence in core member states
From national towards European models
Mechanisms of convergence
The European crises as test cases for theory development
Bibliography
Chapter 20: Southern Europe: Twenty-fiveyears of immigration control on
the waterfront
Introduction
Managing the external border
Asylum and refugee protection: still too weak?
The role of internal controls
Conclusions and future research avenues
Acknowledgments
Notes
Bibliography
Chapter 21: Differentiated integration and the Brexit process in EU
Justice and Home Affairs
Introduction
Legal framework
Schengen acquis
General JHA rules
Enhanced cooperation
Conclusion and avenues for future research
Notes
Bibliography
Chapter 22: Central and Eastern Europe: The EU’s struggle for rule of law pre- and
post-accession
Introduction
The EU as a community of common values based on the rule of law
From common values to concrete policy recommendations in the EU’s
external action
Horizontal policy instruments to strengthen the independence of the judiciary
The subtle empowerment of the Commission
The quest for judicial independence in Central and Eastern Europe
The depoliticization of the judiciary in the pre-accession
context
Attempts to limit judicial power in the post-accession context
Controversies and challenges at the EU level
The new rule of law framework to complement Article 7 TEU
Bibliography
Conclusion
Chapter 23: The Western Balkans:
Decreasing EU external leverage meets increasingdomestic reform needs
Introduction
The EU’s objectives in justice and home affairs in the Western Balkans
Rule of law and EU-driven
institutionalization in the Western Balkans
Preventing insecurity spill-oversfrom the Western Balkans
The EU’s approach towards JHA in the Western Balkans
Research dealing with JHA in the Western Balkans
External governance and Europeanization
The impact of the EU in the field of JHA
Conclusions and avenues for further research
Acknowledgment
Notes
Bibliography
Chapter 24: Justice and home affairs in EU–Turkey relations:
Mutual interests but much distrust
Introduction
Turkey’s EU accession process
Readmission agreement and visa liberalization process
EU–Turkey refugee statement
Conclusion
Bibliography
Chapter 25: The Eastern Partnership countries and Russia: A migration-driven cooperation agenda with the
European Union
Introduction
The evolution of EU migration policy instruments in relation to the EU’s Eastern neighbors
Legally binding instruments
Non-legally binding instruments
Operational cooperation instruments
The challenge of coherence in the EU’s relations with its Eastern neighbors
Concluding remarks
Notes
Bibliography
Chapter 26: The Southern Mediterranean:
A testing ground and a litmus test for EU JHA policies and research?
Introduction
Pre-Arabuprisings wave: the governance and securitization approaches
Governance literature
Securitization literature
Pitfalls of the first-waveapproaches
Post-Arab uprisings wave: building state and societal resilience
New life of the internal–external security nexus
Societal and state resilience
Trends and the future of ED JHA research
Broadening and deepening of the policy area
Progressing militarization
Mercantilization of JHA
Role for new technologies
Note
Bibliography
Chapter 27: Africa–EU relations on
organized crime: Between securitization and fragmentation
Introduction
The external dimension of the EU JHA agenda: what to expect for Africa–EU
relations?
The EU’s external action on JHA: patterns of remote policing and securitization
The EU’s external action on OC as an expression of a fragmented institutional
landscape?
EU–Africa cooperation in tackling organized crime: a strategic partnership?
Global fora and Africa–EU partnerships
Enhancing cooperation by regional action plans
A EU-driven, fragmented agenda instead of strategic partnership
The EU’s cooperation with West Africa on fighting international drug trafficking
An overview on actions and programs
Controversial aspects
Conclusion
Notes
Bibliography
Chapter 28: The evolution of transatlantic legalintegration: Truly, madly, deeply? EU–US justice and
home affairs
Introduction
Deepening and widening cooperation
First major criminal law enforcement cooperation
Deepening: the EU–US Extradition Agreement
EU–US Mutual Legal Assistance Agreement
EU–US death penalty cooperation: ‘soft power’ cooperation?
PNR and SWIFT: a one-sideddeepening?
EU–US JHA and a ‘global’ approach to legal integration between legal orders
Overview
The global approach and EU Passenger Name Records (PNR)
The global approach and EU–US cyber crime and cyber security cooperation
Fundamental rights in EU–US JHA and legal integration challenges
Overview
A new era of EU–US JHA agreements?
Conclusions on a future research agenda
Acknowledgment
Bibliography
Publications
Cases
EU–US JHA agreements
Other
Chapter 29: EU cooperation in justice and home affairs with Australia and Canada:
New ties that bind?
Introduction
Current debates on JHA issues in Canada and Australia
Border control and immigration in Canada
Border management and immigration control in Australia
EU cooperation with Canada and Australia on JHA issues
Canada–EU relations
Australia–EU relations
Notes
Bibliography
A way forward
Chapter 30: The EU and Latin America: A real security and development nexus or a
superficial one?
Introduction
Theoretical approaches to EU–LA cooperation in justice and home affairs
Institutional approaches: examining the internal–external nexus
International security network
Review of EU-LA relations over time in the area of justice and home affairs
Institutionalization of EU–Latin American cooperation
Cooperation in the field of transnational organized crime
Conclusion and research agenda for the future
Bibliography
Chapter 31: The EU–ASEAN relationship: Cooperation on non-traditional security threats
between discourse and practice
Introduction
The role of security in EU–ASEAN relations
The rise of the NTS and ASEAN–EU security discourse
NTS cooperation in practice: cases of JHA
Counter-terrorism
Migration and border management
Maritime security
Conclusions and further avenues for research
Bibliography
PART V: EU institutions and decision-making
dynamics (the vertical dimension)
Chapter 32: The European Parliament in justice and home affairs: Becoming more realistic at the expense of
human rights?
Introduction
The European Parliament: from talking shop to co-decider
Integration theories and justice and home affairs: from venue-shopping
to liberal constraints
New institutionalism and justice and home aff
airs: assessing the EU’s political system
Rational choice explanations: time horizons and shifting coalitions
Constructivist explanations: legitimating norms and the role of actors
Conclusion: has the European Parliament become more influential?
Bibliography
Chapter 33: The European Court of Justice as a game-change r: Fiduciary obligations in the area of freedom,
security and justice
Introduction
The Court of Justice and the AFSJ: the path to constitutionalization
The Court and mutual recognition in the AFSJ
Cooperation with other courts?
The Court of Justice as a trustee court in the area of freedom, security and justice?
Avenues for future research
Acknowledgments
Notes
Bibliography
Cases
Chapter 34: The European Commission in justice and home affairs:
Pushing hard to be a motor of integration
Introduction
Impact of the Commission
The Commission in early cooperation on JHA
Newly gained competences with the Amsterdam Treaty
Full communitarization of most policies with the Lisbon Treaty
Evaluating the influence of the Commission
Positions of the Commission in JHA
The Commission as a promoter of enhanced integration
The Commission as a promoter of individual freedoms or security?
Variance between policy areas
Variance of positions in comparison to other EU institutions and over time
Conclusion
Bibliography
Chapter 35: The Council and European Council in EU justice and
home affairs politics
Introduction
State-centeredapproaches to member state cooperation in the Council
Actors, institutions and interactions in Council negotiations
Alternatives to venue-shopping:
regulatory competition, lock-inand misfit
Diffuse reciprocity and appropriate behavior in Council negotiations
Changing decision-makingrules: voting or consensus in the Council?
The role of the Council’s bureaucracy and presidency
‘New’ or old patterns of intergovernmentalism in the Council?
The Council ‘sharing power’ with the Commission and the EP
Conclusions
Bibliography
Chapter 36: The role of national parliaments in the area of freedom, security and justice: High normative expectations, low
empirical results
Introduction
Normative assumptions about the role of the parliamentary scrutiny of the AFSJ
Empirical research on the role of national parliaments in the AFSJ
Inter-parliamentary
cooperation in the AFSJ
Concluding remarks
Notes
Bibliography
Chapter 37: The EU’s agencies: Ever more important for the governance of the
Area of Freedom, Security and Justice
Introduction
The development of AFSJ agencies
Europol
Frontex
EASO
The democratic control over AFSJ agencies’ activities
Redress in the case of fundamental rights breaches
Human rights challenges
Judicial review over AFSJ agencies
Conclusions
Acknowledgment
Bibliography
Legislation, proposals for legislation and judgements
Chapter 38: NGOs go to Brussels: Challenges and opportunities for research and practice in the Area of Freedom, Security
and Justice
Introduction
Studying NGOs in the AFSJ: assessing the state of the art
Bringing NGOs in: a rocky road
NGOs go to Brussels: goals and strategies
Avenues for future research
Bibliography
Chapter 39: International organizations and the Area of Freedom, Security and
Justice
Introduction
The relationship between IOs and the AFSJ
Hard law, soft law and hybrid forms of cooperation
Agreements concluded by agencies with IOs
Understanding EU–IO cooperation in JHA: externalization and multilateralism
Treaty provisions relevant for relations with IOs
The relationship between the AFSJ and IOs from a policy perspective
The Tampere conclusions
The Hague Programme and the strategy on the external AFSJ
The Stockholm Programme and beyond
Promotion of IOs by the EU
Conclusion: the role of IOs in the AFSJ
Notes
Bibliography
Index