Does the Stockholm Programme Matter? The Struggles Over Ownership of AFSJ Multiannual Programming
Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament. This paper shifts the focus to a broader perspective and raises the following questions: Is the Stockholm Programme actually relevant? What do the discussions behind its implementation tell us about the new institutional dynamics affecting European integration on the AFSJ? Does the EU actually need a new (post-Stockholm) multiannual programme for the period 2015-20? And last, what role should the EP play in legislative and policy programming in order to further strengthen the democratic accountability and legitimacy of the EU’s AFSJ?
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.
Fruit of the Poisonous Tree - Member States' Indirect Use of Extraordinary Rendition and the EU Counter-Terrorism Strategy
Recent investigations, not least by the EP Temporary Committee, have shed light on the illegal practice of extraordinary renditions and unlawful detentions by foreign security services on European territory with the alleged involvement of certain member states, which suggests that the line between cooperation and complicity has become blurred. This paper addresses the issue of how EU member states could not resist taking advantage of extraordinary renditions and unlawful detentions and how they still profit from such practice. Recent examples of this kind of profiteering are provided, together with an assessment of their legality. The paper also addresses the issue from an EU perspective and evaluates implications of and for EU counter-terrorism policies, in particular the question of how these policies might be tainted by the counter-terrorism behaviour of member states. A concrete set of policy recommendations is proposed in the last chapter.