Civil Cooperation

East Meets West

“…2066 This started with a small agreement in 1985, to be followed by a longer Convention implementing the Schengen Agreement in 1990. 2067 While intergovernmentalism was the preferred approach, this move proved itself as a more effective measure as it was ratified in 1993or three years' time after signature, even if there was some opposition from some member states in the Community like the United Kingdom, Denmark, and Ireland. 2068 Considering that the 1959 Convention on Mutual Legal Assistance allowed additional bilateral or multilateral agreements to supplant or fill in details of its provisions, Schengen member states took the opportunity to integrate into the Schengen Framework additional requirements and/or obligation on mutual assistance.…”

“…2067 While intergovernmentalism was the preferred approach, this move proved itself as a more effective measure as it was ratified in 1993or three years' time after signature, even if there was some opposition from some member states in the Community like the United Kingdom, Denmark, and Ireland. 2068 Considering that the 1959 Convention on Mutual Legal Assistance allowed additional bilateral or multilateral agreements to supplant or fill in details of its provisions, Schengen member states took the opportunity to integrate into the Schengen Framework additional requirements and/or obligation on mutual assistance. 2069 Accordingly, the grounds for refusal were reduced, the ground on double incrimination has been restricted, and simplified procedure on how requests for assistance are transmitted -allowing direct contact between judicial authorities and the executing state.…”

“…2068 Considering that the 1959 Convention on Mutual Legal Assistance allowed additional bilateral or multilateral agreements to supplant or fill in details of its provisions, Schengen member states took the opportunity to integrate into the Schengen Framework additional requirements and/or obligation on mutual assistance. 2069 Accordingly, the grounds for refusal were reduced, the ground on double incrimination has been restricted, and simplified procedure on how requests for assistance are transmitted -allowing direct contact between judicial authorities and the executing state. 2070 Things changed a bit after the Maastricht Treaty or between the years brought under the third pillar of the European Union.…”

“…2073 For instance, the European Parliament only had the right to be informed by the Council on any ongoing negotiations, while the European Commission did not have the right to initiate proposals on the areas of policing and criminal law. 2074 This mechanism ensured maximum control by the member states on these areas but it definitely hampered EU action. 2075 There were admittedly moderate achievements notwithstanding the foregoing limitations on the Union structure.…”

“…2074 This mechanism ensured maximum control by the member states on these areas but it definitely hampered EU action. 2075 There were admittedly moderate achievements notwithstanding the foregoing limitations on the Union structure. In terms of international cooperation in criminal matters, the relevant provisions of the Maastricht Treaty did not only provide for compensatory measures that would have to be taken once border controls between the member states have been removed.…”