Negative and Positive Integration in EU Criminal Law Co-operation

Wolfgang Wagner

European Integration online Papers (EIoP), 2011, vol. 15

Abstract: The distinction between negative and positive integration that has played a pivotal role in understanding the dynamics of the common market is also instrumental in explaining the dynamics of criminal law co-operation in the EU. Despite manifold differences between common market governance and criminal law cooperation, the introduction of mutual recognition as the lead principle has privileged the abolition of obstacles to cross-border law enforcement (negative integration) over the adoption of common standards (positive integration). As an analysis of the measures taken thus far demonstrates, criminal law cooperation has been biased towards law enforcement at the expense of individual rights.

Keywords: security/internal; governance; fundamental/human rights; negative integration; positive integration; qualified majority; Council of Ministers; political science (search for similar items in EconPapers)
Date: 2011-06-21
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
http://eiop.or.at/eiop/texte/2011-003a.htm Abstract (text/html)
http://eiop.or.at/eiop/pdf/2011-003.pdf Full text (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:erp:eiopxx:p0212

Ordering information: This journal article can be ordered from
http://eiop.or.at/eiop/

Access Statistics for this article

European Integration online Papers (EIoP) is currently edited by Gerda Falkner

More articles in European Integration online Papers (EIoP) from European Community Studies Association Austria (ECSA-A) Contact information at EDIRC.
Bibliographic data for series maintained by Editorial Assistant ( this e-mail address is bad, please contact ).