Understanding Europe’s Role in the Area of Liberty, Security and Justice as an International Actor
The area of liberty, security and justice within the
European Union is still a work in progress. No one can deny that the
EU struggles between a monistic and a dualist approach.
The aim of our essay is to first review how the European law is
perceived by the rest of the international scene. It will then discuss
two main mechanisms at play: the interpretation of larger
international treaties and the penal mechanisms of European law.
Finally, it will help us understand the role of a penal Europe on the
international scene with concrete examples.
Special attention will be paid to cases that deal with fundamental
rights as they represent an interesting case study in Europe and in the
rest of the World. It could illustrate the aforementioned duality
currently present in the Union’s interpretation of international public
law. On the other hand, it will explore some specific European penal
mechanism through mutual recognition and the European arrest
warrant in the transnational criminality frame.
Concerning the interpretation of the treaties, it will first, underline
the ambiguity and the general nature of some treaties that leave the
EU exposed to tension and misunderstanding then it will review the
validity of an EU act (whether or not it is compatible with the rules of
International law).
Finally, it will focus on the most complete manifestation of liberty,
security and justice through the principle of mutual recognition. Used
initially in commercial matters, it has become “the cornerstone” of
European construction. It will see how it is applied in judicial
decisions (its main event and achieving success is via the European
arrest warrant) and how European member states have managed to
develop this cooperation.
[1] Eeckhout, Piet; External relations of the European Union: Legal and
Constitutional Foundations; Oxford University Press, 2000; p 278
[2] European convention on Human rights (1950) or the Chicago
convention (1944)
[3] Case C-12/86 Demirel (1987) ECR 3719, para 4
[4] Kaddous, Christine; “Effect of international agreements in the EU legal
order” in EU Foreign Relations Law: Constituional fundamentals; ed
M.Cremona and B. de Witte; Hart Publishing 2008, p. 301
[5] Case 21-24/72 International Fruit Comapany (1972) ECR 1219
[6] Lisbon treaty 2008, Article 3
[7] Case C-104/81 Kupferberg (1982) ECR 3641
[8] Ott, Andrea; “The ECJ and International Law”, , The European Union
and the International Legal Order: Doscord or Harmony? ed V.
Kronenberger; TMC Asser Press, 2001; p. 130
[9] Stevenson, Robert Louis; The Strange Case of Dr. Jekyll and Mr. Hyde;
Drover Thrift Editions, 1991; p 54
[10] Kaddous Christine, ‘Effects of International Agreements in the EU Legal
Order’, EU foreign relations law: Constitutional fundamentals; pg 293
[11] Case 314/85 Foto-Frost (1987) ECR 4199, para 17
[12] Case C-62/98 Commission v Portugal (2000) ECR I 5171, para 49
[13] Case C-377/98 Netherlands v Parliament abd council (2001) ECR I-
7079, para 54.
[14] G. De Baere and C. Ryngaert, ‘Air Transport Association of America
and The EU’s Contribution to the ‘Strict Observance and Development of International Law’, European International Affaires Journal, 2012, pp.
5.
[15] Case C-402/05 Kadi v Council and Commission.
[16] Stevenson, Robert Louis; The Strange Case of Dr. Jekyll and Mr. Hyde;
Drover Thrift Editions, 1991; p 91.
[1] Eeckhout, Piet; External relations of the European Union: Legal and
Constitutional Foundations; Oxford University Press, 2000; p 278
[2] European convention on Human rights (1950) or the Chicago
convention (1944)
[3] Case C-12/86 Demirel (1987) ECR 3719, para 4
[4] Kaddous, Christine; “Effect of international agreements in the EU legal
order” in EU Foreign Relations Law: Constituional fundamentals; ed
M.Cremona and B. de Witte; Hart Publishing 2008, p. 301
[5] Case 21-24/72 International Fruit Comapany (1972) ECR 1219
[6] Lisbon treaty 2008, Article 3
[7] Case C-104/81 Kupferberg (1982) ECR 3641
[8] Ott, Andrea; “The ECJ and International Law”, , The European Union
and the International Legal Order: Doscord or Harmony? ed V.
Kronenberger; TMC Asser Press, 2001; p. 130
[9] Stevenson, Robert Louis; The Strange Case of Dr. Jekyll and Mr. Hyde;
Drover Thrift Editions, 1991; p 54
[10] Kaddous Christine, ‘Effects of International Agreements in the EU Legal
Order’, EU foreign relations law: Constitutional fundamentals; pg 293
[11] Case 314/85 Foto-Frost (1987) ECR 4199, para 17
[12] Case C-62/98 Commission v Portugal (2000) ECR I 5171, para 49
[13] Case C-377/98 Netherlands v Parliament abd council (2001) ECR I-
7079, para 54.
[14] G. De Baere and C. Ryngaert, ‘Air Transport Association of America
and The EU’s Contribution to the ‘Strict Observance and Development of International Law’, European International Affaires Journal, 2012, pp.
5.
[15] Case C-402/05 Kadi v Council and Commission.
[16] Stevenson, Robert Louis; The Strange Case of Dr. Jekyll and Mr. Hyde;
Drover Thrift Editions, 1991; p 91.
@article{"International Journal of Business, Human and Social Sciences:70084", author = "Sarah Barrere", title = "Understanding Europe’s Role in the Area of Liberty, Security and Justice as an International Actor", abstract = "The area of liberty, security and justice within the
European Union is still a work in progress. No one can deny that the
EU struggles between a monistic and a dualist approach.
The aim of our essay is to first review how the European law is
perceived by the rest of the international scene. It will then discuss
two main mechanisms at play: the interpretation of larger
international treaties and the penal mechanisms of European law.
Finally, it will help us understand the role of a penal Europe on the
international scene with concrete examples.
Special attention will be paid to cases that deal with fundamental
rights as they represent an interesting case study in Europe and in the
rest of the World. It could illustrate the aforementioned duality
currently present in the Union’s interpretation of international public
law. On the other hand, it will explore some specific European penal
mechanism through mutual recognition and the European arrest
warrant in the transnational criminality frame.
Concerning the interpretation of the treaties, it will first, underline
the ambiguity and the general nature of some treaties that leave the
EU exposed to tension and misunderstanding then it will review the
validity of an EU act (whether or not it is compatible with the rules of
International law).
Finally, it will focus on the most complete manifestation of liberty,
security and justice through the principle of mutual recognition. Used
initially in commercial matters, it has become “the cornerstone” of
European construction. It will see how it is applied in judicial
decisions (its main event and achieving success is via the European
arrest warrant) and how European member states have managed to
develop this cooperation.", keywords = "European penal law, International scene, Liberty
security and justice area, mutual recognition.", volume = "9", number = "6", pages = "1872-5", }