Papers by Claudio Matera
The Area of Freedom, Security and Justice (AFSJ) is possibly one of the most challenging fields o... more The Area of Freedom, Security and Justice (AFSJ) is possibly one of the most challenging fields of EU competences. Indeed, the integration into an AFSJ directly affects three fundamental aspects of constitutional relevance: the residual extent of national sovereignty, the monopoly of the state to maintain public order and public security, and the vertical relationship between the exercise of public authority against fundamental freedoms and civil liberties. In spite of its predominantly internal nature, the AFSJ has been steadily growing externally too (Monar, 2014). The externalization of the AFSJ implies that the EU may want or need to engage with international organizations (IOs). The scope of this chapter is to provide an overview of the role that international organizations have played and can play in the development of the AFSJ. The chapter looks first into the different types of relationships between the EU and other IOs in the area of Justice and Home Affairs. It then looks at the normative principles behind the externalization of the AFSJ and what this means for EU-IO relations and concludes with some further reflections on the nature of the field and where academic research should go next.
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This contribution analyses the manner in which the external projection of the AFSJ has been devel... more This contribution analyses the manner in which the external projection of the AFSJ has been developed over the past 16 years. Firstly, it looks at the role of programmatic documents adopted by the European Council. Secondly, this contribution addresses the relationship between the development of the external AFSJ against the constitutional framework of the EU legal system, a framework that is characterised by a plurality of external relations instruments and actors. Thirdly, the contribution looks at a number of recent cases and initiatives related to the externalisation fo the AFSJ. In its conclusions, the chapter argues that the adoption of strategic policy documents to build the AFSJ has not proven to bring coherence and constancy to the policy and that in spite of all the documents adopted the AFSJ project still lacks a clear objective. In this respect, recent developments suggest that the externalisation of the AFSJ project increases the fragmentation of EU external action and that it brings the AFSJ at the edges of EU constitutional rules.
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The present volume is the second published for the CLEER working papers series and under the CLEE... more The present volume is the second published for the CLEER working papers series and under the CLEER research project “Human Security as a new operational framework for enhancing Human Rights protection in the EU’s Security & Migration Policies”. In the framework of activities carried out under the aforementioned research project, a group of experts were asked to consider the extent to which the concept of human security could influence the response of the EU to humanitarian crises. This volume builds upon the conference organised by CLEER on the 4th of July 2014 and aims to address a number of questions pertaining to the application of the Common European Asylum System (CEAS). Whilst the conference considered the role that the concept of human security might play in the development of the CEAS and the application of legislative instruments thereof so as to maximise the level of protection and the rights of asylum seekers, the reader will find that human security considerations are often translated into human rights ones, a terrain in which lawyers are more familiar with. Yet, the concept of human security permeates through the whole volume since each contribution discusses the necessity to consider the protection needs of asylum seekers into the analysis and application of the CEAS acquis.
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In Diakité the CJEU was asked whether, for the purpose of applying Article 15 C of the Qualificat... more In Diakité the CJEU was asked whether, for the purpose of applying Article 15 C of the Qualification Directive, it was necessary to refer to the notion of internal armed conflict stemming form International Humanitarian Law. The CJEU replied negatively.
In this article I assess the decision and analyse its significance for the Common European Asylum System and the relation between EU law on the one side and international law on the other.
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In this note we comment the CJEU decision in case C-658/11 EP v Council.
The final version wi... more In this note we comment the CJEU decision in case C-658/11 EP v Council.
The final version will appear in Revista de Derecho Comunitario Europeo ISSN 1138-4026, núm. 49, Madrid, septiembre/diciembre (2014), págs. 1047-1064
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CLEER Working Papers Series, May 2014
The threat posed by international terrorism has led to the development of a global EU Counter-Ter... more The threat posed by international terrorism has led to the development of a global EU Counter-Terrorism Strategy and has acted as a catalyst to constitutional and institutional reforms, as well as substantive innovations. In particular, it has triggered the development of the EU’s Area of Freedom, Security and Justice (AFSJ) and its external dimension, where counter terrorism initiatives have acquired a strategic importance. As a result of this, the EU has undertaken a range of actions, from the conclusion of sector-specific agreements and the adherence to international initiatives such as the Global Counter Terrorism Forum (GCTF), to the insertion of C-T clauses in its traditional instruments of external action. The increasing importance of AFSJ agencies such as Europol and Eurojust as key actors in this area has been confirmed and the fight against terrorism has also become a pivotal element in the context of the EU’s foreign policy, enabling the EU to affirm itself as a global security actor. However, the development of EU Counter-terrorism policy and its acquis has been marked by a number of conflicts and tensions, notably pertaining to the rule of law, in its institutional and its substantive acceptations.
This special issue of the CLEER working paper series builds upon the presentations and discussions that took place at the homonymous conference held in Brussels on the 22 February 2013 which was organised by the International Centre for Counter-Terrorism, The Hague, in cooperation with the Centre for the Law of EU External Relations (CLEER). It brings together leading scholars and practitioners reflecting on the ever-expanding grid of the EU’s global fight against terrorism. The collection of essays focus in particular on the external dimension pertaining to the EU’s Area of Freedom, Security and Justice (AFSJ) and its impact on counter terrorism law. While acknowledging the need for security in the Union, a main theme of the contributing authors in this volume is the EU’s need to get back to basics, to guarantee adequate protection of due process rights and to uphold the rule of law. It is against this backdrop that the papers set out to examine both the procedural and substantive legal implications of the EU’s counter-terrorism policy and to identify the key challenges for the future.
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Revista de Derecho Comunitario Europeo: n.47 enero/abril 2014
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The EU’s commitments to maintain itself as an Area of Freedom, Security and Justice (AFSJ) and to... more The EU’s commitments to maintain itself as an Area of Freedom, Security and Justice (AFSJ) and to global security governance place the development of EU instruments in the realm of Justice and Home Affairs at the centre of a crossroads between municipal, bilateral and multilateral norms. However, while the relationship between national and EU legislation as well as the relationship between the EU and third countries in Justice and Home Affairs matters are being thoroughly analysed, the study of the interconnections between EU law and norms stemming from multilateral fora is a relatively unexplored side of the external dimension of the AFSJ. This contribution provides a first overview of the different ways in which, as a result of its commitment to multilateralism, the EU’s AFSJ can potentially or actually be influenced by norms stemming from international organisations. This paper argues that while the EU legal order is open to external normative influences, only a couple of international organisations are currently influencing the development of the AFSJ
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The development of the EU qua AFSJ has always been characterised by differentiation and since the... more The development of the EU qua AFSJ has always been characterised by differentiation and since the Lisbon treaty the AFSJ is characterised by two main models of ‘variable geometry’. While the model chosen by the U.K. and Ireland differs from the Danish one from a formal perspective, the immediate result has the same effect: the three countries abstain from the policies composing the AFSJ (opt-out). In addition, the U.K. and Ireland have the right to adhere to single measures (opt-in) while Denmark participates in some policies by way of public international law. As a result of this, the AFSJ is developing as a fragmented policy. Parallel to its internal developments, the EU has developed an external dimension of the AFSJ in order to secure its neighbourhood and carve itself a role as “Global security actor”. However, one could wonder the extent to which the regional and global ambitions of the EU can be reconciled with the legal constraints affecting the AFSJ from institutional and substantial perspectives. This paper argues that while ‘variable geometry’ poses institutional challenges, the legal implications of ‘variable geometry’ do not create substantive obstacles for the EU to be a “Global security actor”
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Blog Posts by Claudio Matera
European Law Blog, 2013
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Book Reviews by Claudio Matera
Maria Bergström and Anna Jonsson Cornell (eds.), European Police and Criminal Co-Operation, Swedi... more Maria Bergström and Anna Jonsson Cornell (eds.), European Police and Criminal Co-Operation, Swedish Studies In European Law, Volume 5, Hart Publishing 2014, 198 pages, ISBN: 978-1-84946-350-8
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Public inquiries by Claudio Matera
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Papers by Claudio Matera
In this article I assess the decision and analyse its significance for the Common European Asylum System and the relation between EU law on the one side and international law on the other.
The final version will appear in Revista de Derecho Comunitario Europeo ISSN 1138-4026, núm. 49, Madrid, septiembre/diciembre (2014), págs. 1047-1064
This special issue of the CLEER working paper series builds upon the presentations and discussions that took place at the homonymous conference held in Brussels on the 22 February 2013 which was organised by the International Centre for Counter-Terrorism, The Hague, in cooperation with the Centre for the Law of EU External Relations (CLEER). It brings together leading scholars and practitioners reflecting on the ever-expanding grid of the EU’s global fight against terrorism. The collection of essays focus in particular on the external dimension pertaining to the EU’s Area of Freedom, Security and Justice (AFSJ) and its impact on counter terrorism law. While acknowledging the need for security in the Union, a main theme of the contributing authors in this volume is the EU’s need to get back to basics, to guarantee adequate protection of due process rights and to uphold the rule of law. It is against this backdrop that the papers set out to examine both the procedural and substantive legal implications of the EU’s counter-terrorism policy and to identify the key challenges for the future.
Blog Posts by Claudio Matera
Book Reviews by Claudio Matera
Public inquiries by Claudio Matera
In this article I assess the decision and analyse its significance for the Common European Asylum System and the relation between EU law on the one side and international law on the other.
The final version will appear in Revista de Derecho Comunitario Europeo ISSN 1138-4026, núm. 49, Madrid, septiembre/diciembre (2014), págs. 1047-1064
This special issue of the CLEER working paper series builds upon the presentations and discussions that took place at the homonymous conference held in Brussels on the 22 February 2013 which was organised by the International Centre for Counter-Terrorism, The Hague, in cooperation with the Centre for the Law of EU External Relations (CLEER). It brings together leading scholars and practitioners reflecting on the ever-expanding grid of the EU’s global fight against terrorism. The collection of essays focus in particular on the external dimension pertaining to the EU’s Area of Freedom, Security and Justice (AFSJ) and its impact on counter terrorism law. While acknowledging the need for security in the Union, a main theme of the contributing authors in this volume is the EU’s need to get back to basics, to guarantee adequate protection of due process rights and to uphold the rule of law. It is against this backdrop that the papers set out to examine both the procedural and substantive legal implications of the EU’s counter-terrorism policy and to identify the key challenges for the future.