The Routledge Handbook of Justice and Home Affairs Research

Cover
Half Title Page
Title Page
Copyright Page
Contents
List of figures
List of tables
Notes on contributors
Acknowledgments
PART I:
Introduction
	Chapter 1: Justice and home affairs research:
Introducing the state of the art and avenues  for further research
		Introduction
		Academic research in the field of JHA
			The academic communities dominating JHA research
			Normative versus non-normative 
approaches
		The major lines of research
			Dynamics of decision-makingand the role of EU institutions
			Policy change, impact and implementation
			The external dimension of JHA
		Avenues of future research
			Dynamics of decision-makingand the role of EU institutions
			Policy change, impact and implementation
			Research on the external dimension of JHA
		An outlook to the handbook
		Bibliography
PART II:Theories of justice and home affairs
	Chapter 2: The governance of internal security: Beyond functionalism and the finality
of integration?
		Introduction
		The governance perspective: family resemblances
		The governance of internal security and the transformation of security provision
		Governance in EU justice and home affairs
		Conclusions and outlook
		Bibliography
	Chapter 3: Securitization: Turning an approach into a framework for 
research on EU justice and home affairs
		Introduction
		Securitization in its original formulation by the Copenhagen School
			Core tenets of securitization
		From criticisms to improvements
		Turning an approach into a framework
		Securitization: avenues for research
		Conclusion
		Note
		Bibliography
	Chapter 4: Public policy approaches and the study of European Union justice and home 
affairs
		Introduction
		The public policy ‘turn’ in EU studies and JHA research
		Actor-basedapproaches
			Policy networks
			Epistemic communities
			Advocacy coalitions
			Policy entrepreneurship
		Institutional-focusedapproaches
			Historical institutionalism
			Sociological institutionalism
			Rational choice institutionalism
		Ideas-based approaches
		Conclusion: cross-cutting approaches and next steps in research
		Acknowledgment
		Bibliography
PART III: Analyzing justice and home affairs 
policies (the sectoral dimension)
	Chapter 5: Asylum and refugee 
protection: EU policies in crisis
		Introduction
		Evolution of EU asylum policies
		The main scholarly debates
			The nature of European integration: burden-sharingand the principle of 
responsibility
			Securitization
			Institutional and procedural aspects
			External dimensions of migration and extra-territorialization of protection responsibilities
		The 2015 crisis of EU refugee policies
		Conclusion and agenda for research
		Bibliography
	Chapter 6: The irregular immigration policy conundrum:
 Problematizing ‘effectiveness’ as a frame for EU  criminalization and expulsion policies
		Introduction
		Irregular immigration and the EU: background and state of play
		Expulsion and smuggling policies: Europeanization dynamics in a 
multi-actorfield
		‘Measuring’ effectiveness: deceptive statistics
		‘Effective’ management of arrivals?
		Expulsions: a myopic view
		Criminalization measures ‘in country’: unintended consequences?
		Social trust
		Conclusions and avenues for future research
		Bibliography
	Chapter 7: Informalizing EU 
readmission policy
		Introduction
		Unmet preconditions
		The contingency gap
		1999 to 2005: the drive for normative readmission
		The years 2005 to 2009: prelude to the EU drive for flexibility
		The year 2010 to the present: the EU drive for flexibility
		Conclusion
		Notes
		Bibliography
	Chapter 8: Border management:
The Schengen regime in times of turmoil
		Introduction
		Managing teichopolitics: border governance in the European Union
		Teichopolitics in action: EU border policies
		Conclusion: towards a Schengen redux?
		Notes
		Bibliography
	Chapter 9: EU visa policy: Decision-makingdynamics and effects on 
migratory processes
		Introduction
		The politics of EU visa harmonization and liberalization
			Developing a common EU visa policy
			Visa facilitation and liberalization
		The effects of visa policies
			The visa policy’s influence on migratory processes
			Economic implications of visa restrictions
		Conclusions
		Bibliography
	Chapter 10: EU labor immigration 
policy: From silence to salience
		Introduction
		The genesis of EU migration policy
		Scholarly debates regarding EU labor migration policy-making
		Future policy and research challenges in labor migration studies
		Bibliography
	Chapter 11: Organized crime: Balancing national sensitivities with global 
necessities
		Introduction
		The origins and evolution of OC
		Theoretical debates
		Policy debates
		Conclusions: a new research agenda on organized crime
		Bibliography
	Chapter 12: Cyber crime as a fragmented policy field in the context of the area of freedom, security and 
justice
		Introduction
		Conceptualizing cyber crime
		Problematic definitions
		The evolution of cyber crime as a EU policy field
		Cyber crime polic(y/ies) challenges and their impact upon the area of freedom, 
security and justice
		Conclusion
		Notes
		Bibliography
	Chapter 13: EU counter-terrorism:
Glass half-fullor half-empty?
		Introduction
		Historical evolution and key actors and aspects of EU counter-terrorism
		Literature review and theoretical explanations of EU counter-terrorism
			Counter-terrorismas a process of gradual European integration
			Policy outputs in EU counter-terrorism
			The impact of external actors upon EU counter-terrorism
			Major debates: security, accountability, justice, effectiveness
			How effective is the EU in the field of counter-terrorism?
			A tradeoff between security and liberty?
		Note
		Bibliography
		Concluding remarks
	Chapter 14: Data protection policies in EU justice and home affairs: A multi-layeredand yet unexplored territory for 
legal research
		Introduction
		The general regulatory instruments within the EU justice and home affairs field: 
from a decision to a Directive after Lisbon (layer 1)
		The specific regulatory state within the EU justice and home affairs field: loose ends and umbrellas (layer 2)
		The regulatory state at the high, standard-settingEU level: Regulation 45/2001 (layer 3)
		The regulatory state at the EU agency level (layer 4)
		Why so little academic attention in the past?
		Main scholarly debates and future research avenues (first series of questions)
		Main scholarly debates and future research avenues (second series of questions)
		Concluding remarks: data protection in the EU justice and home affairs field as a yet unexplored territory for legal research
		Bibliography
	Chapter 15: EU home affairs and  technology: How to make sense of information and data 
processing
		Introduction
		Information and data processing as a security norm
		Information and data processing as disposition and practice
		Information and data processing as instrument and actant
		Conclusion: the need to study the societal effects of home affairs information and data processing
		Bibliography
	Chapter 16: EU criminal law: An expanding field for research, with some 
unchartered territories
		Introduction
		Evolution of the EU’s competence and institutional framework
		Substance of EU criminal law
		Conclusions
		Notes
		Bibliography
	Chapter 17: Judicial cooperation in 
civil matters: Coming of age?
		Introduction
		Historical evolution and key instruments
		Effective enforcement or judicial protection?
			The complex nature of mutual recognition and mutual trust
			Is harmonization a viable solution?
		The key scholarly debates
		Concluding remarks
		Bibliography
	Chapter 18: Family reunification and  migrant integration 
policies in the EU: Dynamics of inclusion and exclusion
		Introduction
		EU migrant integration policies
			The Long-term Residence Directive
			The Family Reunification Directive
			Non-binding EU migrant integration policy
		Negotiating and implementing the directives: race to the bottom or safety net for 
migrants’ rights?
		Shifting policy paradigms: integration as condition for rights
		Conclusion
		Bibliography
PART IV: Justice and home affairs inside and  outside Europe (the horizontal 
dimension)
	Chapter 19: Europe’s core member states: Intended and unintended consequences of strong policy-shaping 
traditions
		Introduction
		European justice and home affairs and the autonomy of core member states
			Securitization, venue-shoppingand the hardening of control
			Supranationalization and the ‘new limits of control’
		Globalization, Europeanization and convergence in core member states
			From national towards European models
			Mechanisms of convergence
		The European crises as test cases for theory development
		Bibliography
	Chapter 20: Southern Europe: Twenty-fiveyears of immigration control on 
the waterfront
		Introduction
		Managing the external border
		Asylum and refugee protection: still too weak?
		The role of internal controls
		Conclusions and future research avenues
		Acknowledgments
		Notes
		Bibliography
	Chapter 21: Differentiated integration and the Brexit process in EU 
Justice and Home Affairs
		Introduction
		Legal framework
			Schengen acquis
			General JHA rules
			Enhanced cooperation
		Conclusion and avenues for future research
		Notes
		Bibliography
	Chapter 22: Central and Eastern Europe: The EU’s struggle for rule of law pre- and 
post-accession
		Introduction
		The EU as a community of common values based on the rule of law
			From common values to concrete policy recommendations in the EU’s 
external action
			Horizontal policy instruments to strengthen the independence of the judiciary
			The subtle empowerment of the Commission
		The quest for judicial independence in Central and Eastern Europe
			The depoliticization of the judiciary in the pre-accession 
context
			Attempts to limit judicial power in the post-accession context
		Controversies and challenges at the EU level
			The new rule of law framework to complement Article 7 TEU
		Bibliography
		Conclusion
	Chapter 23: The Western Balkans:
Decreasing EU external leverage meets increasingdomestic reform needs
		Introduction
		The EU’s objectives in justice and home affairs in the Western Balkans
			Rule of law and EU-driven 
institutionalization in the Western Balkans
			Preventing insecurity spill-oversfrom the Western Balkans
		The EU’s approach towards JHA in the Western Balkans
		Research dealing with JHA in the Western Balkans
			External governance and Europeanization
			The impact of the EU in the field of JHA
		Conclusions and avenues for further research
		Acknowledgment
		Notes
		Bibliography
	Chapter 24: Justice and home affairs in  EU–Turkey relations:
Mutual interests but much distrust
		Introduction
		Turkey’s EU accession process
		Readmission agreement and visa liberalization process
		EU–Turkey refugee statement
		Conclusion
		Bibliography
	Chapter 25: The Eastern Partnership  countries and Russia: A migration-driven cooperation agenda with the 
European Union
		Introduction
		The evolution of EU migration policy instruments in relation to the EU’s Eastern neighbors
			Legally binding instruments
			Non-legally binding instruments
			Operational cooperation instruments
		The challenge of coherence in the EU’s relations with its Eastern neighbors
		Concluding remarks
		Notes
		Bibliography
	Chapter 26: The Southern Mediterranean:
A testing ground and a litmus test for EU JHA  policies and research?
		Introduction
		Pre-Arabuprisings wave: the governance and securitization approaches
			Governance literature
			Securitization literature
			Pitfalls of the first-waveapproaches
		Post-Arab uprisings wave: building state and societal resilience
			New life of the internal–external security nexus
			Societal and state resilience
		Trends and the future of ED JHA research
			Broadening and deepening of the policy area
			Progressing militarization
			Mercantilization of JHA
			Role for new technologies
		Note
		Bibliography
	Chapter 27: Africa–EU relations on 
organized crime: Between securitization and fragmentation
		Introduction
		The external dimension of the EU JHA agenda: what to expect for Africa–EU 
relations?
			The EU’s external action on JHA: patterns of remote policing and securitization
		The EU’s external action on OC as an expression of a fragmented institutional 
landscape?
		EU–Africa cooperation in tackling organized crime: a strategic partnership?
			Global fora and Africa–EU partnerships
			Enhancing cooperation by regional action plans
			A EU-driven, fragmented agenda instead of strategic partnership
		The EU’s cooperation with West Africa on fighting international drug trafficking
			An overview on actions and programs
			Controversial aspects
		Conclusion
		Notes
		Bibliography
	Chapter 28: The evolution of transatlantic legalintegration: Truly, madly, deeply? EU–US justice and 
home affairs
		Introduction
		Deepening and widening cooperation
			First major criminal law enforcement cooperation
			Deepening: the EU–US Extradition Agreement
			EU–US Mutual Legal Assistance Agreement
			EU–US death penalty cooperation: ‘soft power’ cooperation?
			PNR and SWIFT: a one-sideddeepening?
		EU–US JHA and a ‘global’ approach to legal integration between legal orders
			Overview
			The global approach and EU Passenger Name Records (PNR)
			The global approach and EU–US cyber crime and cyber security cooperation
		Fundamental rights in EU–US JHA and legal integration challenges
			Overview
			A new era of EU–US JHA agreements?
		Conclusions on a future research agenda
		Acknowledgment
		Bibliography
			Publications
			Cases
			EU–US JHA agreements
			Other
	Chapter 29: EU cooperation in justice and home affairs with Australia and Canada:
New ties that bind?
		Introduction
		Current debates on JHA issues in Canada and Australia
			Border control and immigration in Canada
			Border management and immigration control in Australia
		EU cooperation with Canada and Australia on JHA issues
			Canada–EU relations
			Australia–EU relations
		Notes
		Bibliography
		A way forward
	Chapter 30: The EU and Latin America: A real security and development nexus or a 
superficial one?
		Introduction
		Theoretical approaches to EU–LA cooperation in justice and home affairs
			Institutional approaches: examining the internal–external nexus
			International security network
		Review of EU-LA relations over time in the area of justice and home affairs
			Institutionalization of EU–Latin American cooperation
			Cooperation in the field of transnational organized crime
		Conclusion and research agenda for the future
		Bibliography
	Chapter 31: The EU–ASEAN relationship: Cooperation on non-traditional security threats 
between discourse and practice
		Introduction
		The role of security in EU–ASEAN relations
		The rise of the NTS and ASEAN–EU security discourse
		NTS cooperation in practice: cases of JHA
			Counter-terrorism
			Migration and border management
		Maritime security
		Conclusions and further avenues for research
		Bibliography
PART V: EU institutions and decision-making 
dynamics (the vertical dimension)
	Chapter 32: The European Parliament in justice and home affairs: Becoming more realistic at the expense of 
human rights?
		Introduction
		The European Parliament: from talking shop to co-decider
		Integration theories and justice and home affairs: from venue-shopping 
to liberal constraints
		New institutionalism and justice and home aff
airs: assessing the EU’s political system
			Rational choice explanations: time horizons and shifting coalitions
			Constructivist explanations: legitimating norms and the role of actors
		Conclusion: has the European Parliament become more influential?
		Bibliography
	Chapter 33: The European Court of Justice as a game-change r: Fiduciary obligations in the area of freedom, 
security and justice
		Introduction
		The Court of Justice and the AFSJ: the path to constitutionalization
		The Court and mutual recognition in the AFSJ
		Cooperation with other courts?
		The Court of Justice as a trustee court in the area of freedom, security and justice?
		Avenues for future research
		Acknowledgments
		Notes
		Bibliography
			Cases
	Chapter 34: The European Commission in  justice and home affairs:
Pushing hard to be a motor of integration
		Introduction
		Impact of the Commission
			The Commission in early cooperation on JHA
			Newly gained competences with the Amsterdam Treaty
			Full communitarization of most policies with the Lisbon Treaty
			Evaluating the influence of the Commission
		Positions of the Commission in JHA
			The Commission as a promoter of enhanced integration
			The Commission as a promoter of individual freedoms or security?
			Variance between policy areas
			Variance of positions in comparison to other EU institutions and over time
		Conclusion
		Bibliography
	Chapter 35: The Council and European Council in EU justice and 
home affairs politics
		Introduction
		State-centeredapproaches to member state cooperation in the Council
		Actors, institutions and interactions in Council negotiations
		Alternatives to venue-shopping:
regulatory competition, lock-inand misfit
		Diffuse reciprocity and appropriate behavior in Council negotiations
		Changing decision-makingrules: voting or consensus in the Council?
		The role of the Council’s bureaucracy and presidency
		‘New’ or old patterns of intergovernmentalism in the Council?
			The Council ‘sharing power’ with the Commission and the EP
		Conclusions
		Bibliography
	Chapter 36: The role of national parliaments in the area of freedom, security  and justice: High normative expectations, low 
empirical results
		Introduction
		Normative assumptions about the role of the parliamentary scrutiny of the AFSJ
		Empirical research on the role of national parliaments in the AFSJ
		Inter-parliamentary 
cooperation in the AFSJ
		Concluding remarks
		Notes
		Bibliography
	Chapter 37: The EU’s agencies: Ever more important for the governance of the 
Area of Freedom, Security and Justice
		Introduction
		The development of AFSJ agencies
			Europol
			Frontex
			EASO
		The democratic control over AFSJ agencies’ activities
		Redress in the case of fundamental rights breaches
			Human rights challenges
			Judicial review over AFSJ agencies
		Conclusions
		Acknowledgment
		Bibliography
			Legislation, proposals for legislation and judgements
	Chapter 38: NGOs go to Brussels: Challenges and opportunities for research and practice in the Area of Freedom, Security 
and Justice
		Introduction
		Studying NGOs in the AFSJ: assessing the state of the art
		Bringing NGOs in: a rocky road
		NGOs go to Brussels: goals and strategies
		Avenues for future research
		Bibliography
	Chapter 39: International organizations and the Area of Freedom, Security and 
Justice
		Introduction
		The relationship between IOs and the AFSJ
			Hard law, soft law and hybrid forms of cooperation
			Agreements concluded by agencies with IOs
		Understanding EU–IO cooperation in JHA: externalization and multilateralism
			Treaty provisions relevant for relations with IOs
		The relationship between the AFSJ and IOs from a policy perspective
			The Tampere conclusions
			The Hague Programme and the strategy on the external AFSJ
			The Stockholm Programme and beyond
		Promotion of IOs by the EU
		Conclusion: the role of IOs in the AFSJ
		Notes
		Bibliography
Index