Security cooperation, counterterrorism, and EU–North Africa cross-border security relations, a legal perspective
The EU is clearly in the process of developing an external dimension to the Area of Freedom, Security and Justice (AFSJ). This paper focuses on ex. Police and Judicial Cooperation in Criminal Matters (PJCCM) provisions. These developments pose specific legal basis issues for the EU, given its complex EU–member state legal relationship, and the inter-institutional balance, all reflected in the treaty framework post-Lisbon. New Court of Justice rulings are now emerging which will assist in this issue. Equally the approach to be taken in developing these relationships will be crucial. This paper proposes the adoption of an Onuf style constructivism in order to best capture the reality of the process that is developing, and has developed for the ex. PJCCM measures internally. This then needs to be allied with a constitutionalism model to ensure a balanced development of all three aspects of the AFSJ.
European Criminal Law and Resistance to Communautarisation after Lisbon
The abolition of the third pillar can rightly be considered as one of the most significant constitutional developments brought about by the Lisbon Treaty. The Treaty has to a great extent ‘normalised’ European criminal law, by placing legislation in the field (its proposal, nature, negotiation, agreement and scrutiny) in principle under the ordinary supranational constitutional framework of the Union. However, this ‘communitarisation’ of European criminal law has been met with resistance by Member States, concerned about their potential loss of sovereignty in the field of criminal law. The aim of the article is to provide an overview of the many levels of resistance to communautarisation as reflected in the text of the Lisbon Treaty, and as applied after the entry into force of the Treaty in the process of adoption of EU criminal law post-Lisbon. The complexity of the post-Lisbon constitutional framework related to criminal matters and the challenges such complexity poses to the future development of EU criminal law will be highlighted in this context.
Police and Political Violence in the 1960s and 1970s: Germany and Italy in a Comparative Perspective
Notwithstanding the significant differences between the German and Italian police models (federal and civil vs. centralised and militarised), in both countries the confrontation with the protest movements of the 1960s and 1970s had a profound impact on police conceptions and public order strategies. Police forces in some German federal states (West Berlin) followed a hard line until the late 1960s, while in others (Munich, Hamburg) reforms to the Weimar-centred police intervention tactics took place beginning in the early to mid-1960s. In Italy, traditional police conceptions and strategies remained largely unchanged and re-emerged in 1968. Here, a movement from within the police led to the demilitarisation and unionisation of the state police in 1981. In both countries, fighting left-wing terrorism in the 1970s stimulated technical modernisation and enhanced the centralisation of the police. In critical response to police tactics, in the late 1970s Germany police matters were increasingly perceived as a concern not only of the state but of civil society—even if policing remained a highly contested terrain. In Italy, such matters largely remained state concerns in which only politicians and internal security specialists were entitled to intervene.