“Without the Power of Purse or Sword”: The European Arrest Warrant and the Role of the Commission

The External Dimension of EU Counter-Terrorism Relations: Competences, Interests, and Institutions

“…This makes the Commission's role somewhat unbalanced-stronger in the legislative process than in the implementation phase. 90 Again, the EAW and the MLAT serve as a good case in point. Three member states experienced problems in the implementation of the EAW-Cyprus (07.11.2005), Poland (27.04.2005), and Germany (18.07.2005)-where it ended up in the respective national constitutional courts.…”

“…The same logic is true regarding extradition arrangement, and despite the problems of implementation, the European Arrest Warrant is a revolutionary instrument. 91 Secondly, this creation of significant internal EU competences in the counter-terrorism area alongside the adoption of important policy instruments, such as the EAW, or agencies, such as Europol, constructed the European Union as an actor on the international stage of counter-terrorism policy, right across all three pillars due to the parallelism of counter-terrorism activity. The European Court of Justice with its doctrine of implied powers established that the European Union can now ''defend'' its policies on the international level.…”

“…On the other hand, scholars point out that the EU has taken great strides forward in increasing integration and encouraging cooperation between member-states since 9=11. 41 Zimmermann 42 asserted that ''on 21 September 2001, the Union prioritised the fight against terrorism, and accelerated the development and implementation of measures deliberated on prior to the events of 9=11.'' Yet, if one assesses the capabilities of the EU, they need to be put in perspective.…”

Public Good Theory and the ‘Added Value’ of the EU’s Counterterrorism Policy

“…Commentators agree that policy-making was strongly influenced by short-term concerns and opportunities in the aftermath of terrorist attacks (Bossong 2008;den Boer 2002;Kaunert 2007). This resulted in an overloaded and incoherent agenda that faced serious obstacles in the implementation process (Bures 2006;Argomaniz 2009).…”

Introduction: supranational governance in the Area of Freedom, Security and Justice after the Stockholm Programme

“…In contrast, institutional issues have overall been less studied, apart from some early works focusing on the legal intricacies of the then 'third pillar' (e.g. Bieber & Monar, 1995), Kaunert's works (Kaunert, 2005(Kaunert, , 2007(Kaunert, , 2010a(Kaunert, , 2010b(Kaunert, , 2010cKaunert & Della Giovanna, 2010) on the role of the European Commission and the Secretariat of the Council in the AFSJ, as well as the emerging literature on the European Parliament's role (Ripoll Servent, 2010Ripoll Servent and MacKenzie, 2011).…”