"The European Court of Justice: Carving itself an influential role in the EU’s Third Pillar"

Fletcher, Maria. (2007) "The European Court of Justice: Carving itself an influential role in the EU’s Third Pillar". In: UNSPECIFIED, Montreal, Canada. (Unpublished)

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Abstract

This paper seeks to evaluate the role of the European court of Justice in respect of the third pillar of the European Union. With five rulings in the field of Police and Judicial Cooperation in Criminal Matters to date and several others pending, it is already clear that the Court has made its mark on this still fledgling agenda. Despite the shortcomings of the system of judicial protection and remedies in respect of the third pillar it would seem that the ECJ has the potential to exert a strong pro-integrationist influence over a field that is riddled with institutional and conceptual complexities and tensions – the extent to which this is feasible and desirable will be discussed in the paper. In addition, the paper will offer a critique of the legal reasoning of the Court and draw some conclusions about the broader impact of its rulings on internal criminal policy.

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