The implementation of the Third Pillar of theEuropean Union in the United Kingdom

Résumé du document

The establishment of the European Union (EU) Policy within the third pillar of the United Kingdom (UK) has changed substantially over the past decades and more with the introduction of the Lisbon Treaty. Originally the UK had been reluctant to acknowledge or embrace European integration, due to its historical attachment to Parliamentary Sovereignty. Refusing the membership of the original European Steel and Coal Community at the Treaty of Paris in 1951, the UK eventually succeeded in membership in 1972, after de Gaulle vetoed the British application twice in 1963 and 1967. The EU now boasts a 27 state membership, a fully established single market and is moving towards blurring the lines of nationality to create the ultimate European citizenship. The UK participates fully in EU operations, with active members in all of the Institutions; however, the UK has remained reluctant to become fully immersed in all EU policies. By adopting a ‘pick and choose' mentality the UK aims to retain its sovereignty, appease its citizens and yet remain an integral icon in EU law making.

By examining the various components of Border Regulation, Citizenship, Free Movement of Persons, Asylum, Immigration, State Surveillance, Terrorism and Organized Crime, one can observe how this policy has impacted EU integration in the UK. Each section will be examined in turn and ultimately concluded to gauge whether the UK has succeed in the establishment of Third Pillar legislation in the UK.

Extraits

[...] Former President of France. European Confederation of Police, ‘Facts: Schengen SIS and SIS II', accessed 22 February 2010. Article 4 of the Schengen protocol Protocol 30. European Confederation of Police, ‘Facts: Schengen Enlargement', accessed 22 February 2010. In the House of Lords, the second chamber of the UK Parliament. Hansard HL, Volume 707, Column WA Feb 2009. Commission Recommendation, Commission document C(2006) 5186 final November 2006, accessed 22 February 2010. [...]

[...] The current position with respect to threat with in Europe is assessed in ‘Te-Sat 2009', the EU Situation report by Europol and can be summarised as follows: During individuals were prosecuted on terrorism charges in the member states in a total of 187 proceedings. Of 384 verdicts which were pronounced in percent were related to Islamist terrorism, and 39 percent to separatist terrorism. The defendants were acquitted in 29 percent of the verdicts.[88] A number of European states have moved to the next step of co-operation with the Prum Treaty, aimed at combating terrorism, crime and migration. The Treaty builds a framework for prevention and prosecution through sharing of national databases across Treaty borders. [...]

[...] Now, it's up to you (leaflet)' accessed 20 February 2010. In accordance with Article 63 Treaty of Lisbon (Amending the Treaty on European Union and the Treaty Establishing the European Community) [2007] OJ C306/01; “standards concerning the conditions for the reception of applicants for asylum or subsidiary protection.” Home Office, ‘Control of Immigration: Quarterly Statistical Summary, United Kingdom. July-September 2009' accessed 20 February 2010. T Thompson, ‘Asylum Seeker Applications at 14 Year Low' Scotsman (Edinburgh 27 February 2008) accessed 20 February 2010. [...]

[...] Treaty of Maastricht 1991- placed all matters of justice (apart from some visa issues) into a third pillar of the European Union framework and from here on in all JHA decisions would be made in unanimity in the council of ministers. Policing Europe EU Justice and Home Affairs Co-operation, Ben Hall Ashish Bhat, Centre for European Reform September 1999. Serious organised crime association, threat assessment' accessed 22 February 2010. Ibid. Home Office, accessed 24 February 2010. Home Office, ‘what are we doing' accessed 24 February 2010. [...]

[...] British citizenship; British overseas citizenship; British overseas territories citizenship; British national (overseas); British protected person; and British subject.[25] British citizenship classification retains considerable empathy for its imperial history and is closely associated to the Commonwealth and UK foreign dominions or protectorates. The UK is more classical in its approach towards national identity. The EU has as strong a view on citizenship as the UK; this was highlighted in the House of Lords[26] Report to the Stockholm Programme, which articulated it as; The Commission envisages a single area in which fundamental rights are protected, and in which respect for the human person and human dignity, and for the other rights reflected in the Charter of Fundamental Rights, is a core value. [...]