Steiner & Woods EU Law

East Meets West

“…1 During said meeting there was an assurance among the ASEAN Senior Officials (and later, the discussion with EU representatives) of continued cooperation, especially as regards counter-terrorism, cyber security, and human trafficking, as well as an expressed interest in increasing cooperation with the International Criminal Police Organization ("INTERPOL") and European Union Agency for Law Enforcement Cooperation ("EUROPOL"). 2 Thereafter, during the ASEAN-EU Post-Ministerial Conference on August 2017, after the ASEAN Summit commemorating the 50 th Anniversary of the ASEAN, the two regional organizations agreed on their second EU-ASEAN Plan of Action (2018)(2019)(2020)(2021)(2022). Among the many things included in said Plan of Action is to enhance the ASEAN-EU Cooperation in the ASEAN-led security architecture.…”

“…621 An ASEAN extradition treaty has yet to be established among the ASEAN member states. At most, there was an endorsed 2019 623 This treaty is said to be predicated by the Jakarta bombings of the Marriot Hotel and Australian embassy in August and September 2004, respectively. 624 The treaty is thus believed to facilitate and enhance further efforts to combat transnational crime in the Southeast Asian region.…”

“…1497 While the ECSC is concerned more with creating a single market for the coal and steel industries, the EEC aims for an economic community. 1498 This aim would be reached through the following measures such as eliminating custom duties and quantitative restrictions, and of all other measures having equivalent effect; establishing a customs union -wherein trade among countries in a certain area shall be liberalized while common custom tariffs shall be imposed to those outside said area; allowing free movement of not only goods and services, but also labor and capital within the Community; establishing a common policy in the areas of agriculture, transport, and competition; as well as having legal integration. 1499 The aforementioned measures in turn explains the centrality to the Community of the so-called "four freedoms", which are often regarded as the core of its economic constitution: free movement of goods, workers, capital, and establishment and the provision of services.…”

“…1502 Member states were "fueled with ideals" as well as economic practicalities, as stated in the preamble of the Treaty of Rome establishing the EEC, the EEC is seen to lay down the "foundations of an even closer union among the peoples of Europe" and the decision to pool each other's resources is to strengthen peace and unity. 1503 The institutional framework of both the EEC and Euratom can be described to have more intergovernmental characteristics than supranational, 1504 which was crucial to the success of the Rome Treaties because if one would look into the reason why the EPC failed, it was primarily due its parliamentary orientation, to which member states of the ECSC were against even up to the negotiations of the Rome treaty. 1505 While having more intergovernmental characteristics, a salient feature of the EEC and Euratom was the sharing of legislative and executive functions among institutions.…”

A leading role for the EU in drafting criminal law powers? Use of the Council of Europe for policy laundering

“…Substantive and procedural changes ensure and guarantee now a more traditional 'constitutional framework' for decision-making in the area of Area of Freedom, Security and Justice-an area that covers, among others, criminal law and criminal procedure. 18 This broad area (formerly governed by 'third pillar architecture') now became subject to the supranational powers of the Union, with a leading role for the Commission regarding agenda setting, a legislative role for the European Parliament to be shared with the Council where unanimity was replaced by qualified majority voting and more scrutiny by the Court of Justice. 19 The whole architecture was a relief in terms of transparency, accountability, and participation.…”