European and International Justice, Home
affairs & Security policy
Europees en internationaal beleid
JHA: Justice and Home Affairs
TEU: Treaty of the European Union
IGC intergovernmental conference
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,DEEL I: BENELUX
1. RESUME
1. The origins of the Benelux partnership date back to the final phase of the Second World War and
predominantly focussed on economie matters.
2. Soon after that they realised we needed a number of flanking measures to look into police and
judicial cooperation and fraud (!)
3. Today the BENELUX is seen to be the testing ground for cooperation in the EU (small group which
experiments with new ways of cooperation and possibilities to improve and intensify
cooperation, if it works we might try to convince other countries to cooperate as well at EU level).
4. Today it’s the Belgian presidency => Consequence: more media info about Benelux this year in
our media.
5. They have a work programme set out for 4 years.
6. Tweets
2. ORIGIN AND HISTORICAL DEVELOPMENT
The origins of the Benelux partnership date back to the final phase of WO2 and predominantly focused
on economic matters.
• In 1943 Belgium, The Netherlands and Luxembourg, three governments-in-exile, concluded an
agreement aimed reinforcing economic relations and facilitating monetary transactions among them.
o Guided by economic and financial aspirations, these 3 governments decided to set a
fixed exchange rate (no more fluctuation) between the Belgian-Luxembourg franc and
the Dutch guilder.
o As a sign of trust and also to help each other financially, they gave state loans
to each other for financial help.
• 1944 : Customs convention.
o They took this partnership further by opening their internal borders and establishing
free movement of goods, services, capital and persons. ➔ Costoms Union
o These basic principles were laid down in the 1944 Customs Convention and resulted in
two things:
▪ The abolishment of intra-Benelux custom duties
▪ The establishment of a common import tariff for third countries.
o Problem & solution:
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, ▪ Problem: if you start having economic developments and if people and goods
can cross easier across borders, cross-border crime comes in
▪ Solution: we need flanking measures (= measures to back up what is already
there: something that will allow police and judicial authorities to follow or
cooperate)
o Goal : stabilize secure and trade relations.
• 1951 : B & N were working together with France for the establishment of the European Coal
and Steel Community ( ECSC) and the European Economic Community ( ECC) in 1997.
• 1958 : Benelux had enough experience so they took the next step and established the so-called
Benelux Economic Union (BEU). → opening of the borders
o Cooperation between Belgium, the Netherlands and Luxembourg
o This Union had its own institutions and would draw up its own policy.
o Because of the open borders, criminals could also move countries, so they set up
flanking measures (buiten eigen grenzen)
▪ Treaty on extradition and judicial cooperation (uitlevering van criminelen die al
veroordeeld zijn)
▪ Treaty on execution (opgelegde straf, herkenning door andere landen)
▪ BACC-treaty (Benelux Administrative and Criminal Cooperation)
2.1 The Benelux Treaty
In 1958, Joseph Bech, Willem Drees en Achiel van Acker signed the Benelux Treaty aimed at
establishing the so-called Benelux Economic Union (BEU). This Union had its own institutions and
would draw up its own policy. All existing agreements would now fall within this newly founded
institutional framework.
It soon became clear that the cooperation between these three countries would go further than
economic matters:
• Problem : crime follows out of the Customs Union → we need flanking measures with focus on
police cooperation
• In 1962, the Benelux countries adopted the Treaty on Extradition1 and Mutual Legal Assistance
in Criminal Matters (Benelux Extradition Treaty), which introduced two types of extradition:
o Prosecutorial extradition: aiming for the transfer of a person with a view to prosecution in
a different country.
o Executorial extradition: aiming for the transfer of a person with a view to executing a
sentence that was imposed in another member state.
→ EXAM : We no longer talk about extradition (uitlevering) , we say surrender (overlevering) within
the EU, because we are more willing to cooperate
As the official full name reveals, the Treaty also contains a rather innovative section on mutual legal
assistance, it contains:
• The traditional provisions on providing legal assistance upon the request of foreign authorities.
• The provisions specifying the competences of official authorities acting on the territory of a
foreign Member State.
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,The BENELUX Extradition Treaty is still highly influential today and illustrates how the Benelux served as
a model for later forms of cooperation in Europe.
• For example:
o Firstly the Benelux Extradition Treaty (BET) laid the foundation of the 1974 Benelux
protocol, a document regulating the cross-border hot pursuit by police officers and the
operation of police officers on the territory of another member state.
o Secondly in the 1990s the achievements of BENELUX in the area of mutual recognition
formed the building blocks for the Schengen Implementation Convention.
In 1968, the Benelux cooperation led to the adoption of the Benelux Treaty on the Execution of Judicial
Decisions in Criminal Matters.
In 1969, the Convention on Administrative and Criminal Cooperation in Matters.
It has to be mentioned that the Benelux also deals with aspects of private international law, adopts
measures directed at preserving the environment and has taken initiatives on youth and territorial
cooperation.
The official full name of the Benelux Extradition Treaty reveals that the instrument goes beyond mere
extradition
• As the official full name reveals, the Treaty also contains a rather innovative section on mutual
legal assistance.
o It is innovative in the sense that it not only contains the traditional provisions on
providing legal assistance upon the request of foreign authorities
o It also contains provisions specifying the competences of official authorities acting on
the territory of a foreign Member State
Know the differences and similarities between the organizations!!! (EXAM)
• Benelux is influenced by Council of Europe
o Bigger group of countries → full list of requirements
o For a smaller group (Benelux) → we don’t need all those requirements, we trust each
other, we have similar principles
o Technique is the same
o The texts of the two instruments compared → Benelux facilitated the documents of
the Council of Europe
• Benelux influenced Schengen & European Union
Today, the Benelux Extradition Treaty is still highly influential and illustrates how the Benelux served as
a model for later forms of cooperation in Europe:
• The 1962 Benelux Extradition Treaty laid the foundation for the 1974 Benelux Protocol
o A document regulating the cross-border hot pursuit by police officers and the operation
of police officers on the territory of another member state
• In the 1990s the achievements of the Benelux in the area of mutual recognition formed the
building blocks for the Schengen Implementation Convention (SIC)
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, 2.2 Cooperation
In Vertical operation : if a Belgian police officer needed the help of a Dutch police officer → interstate-
cooperation can be very sensitive (diplomatic or politic wise)
• Starting points of cooperation is vertical cooperation → go up to your higher keen, the highest
police level is going to decide
• Depending on the substance matter, it can even be up to the political level
Horizontalization of cooperation : Person picking up the phone in Luxembourg, they just communicate
without asking on the higher level
• This is now the situation of the Benelux
2.3 Senningen Memorandum
In 1996, a consulation round was held in the city of Senningen (Senningen Consultation). This resulted
in the adoption of the Senningen Memorandum, concerning cooperation in the fields of police, justice
and immigration. Later extended to: security drug trafficking, natural disasters.
• Migration
o Re-admission treaties
o Visa Waivor Agreements
• Justice
o Support during investigations
o Execution of each others decisions
In 2004, this Memorandum was supplemented by two instrument :
• The Benelux Treaty on cross-border police interventions.
o There are different types of police cooperation:
▪ Equipment
▪ Training & education
▪ Field cooperation
▪ Access to data bases
▪ Liaison officers
• The Declaration on the cooperation between liaison officers => laid out the exact
competences of police officers acting on the territory of another Member State.
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, 2.4 New Benelux Treaty
Originally, the Benelux Treaty, signed in 1958, was agreed to be in force for 50 years, coming to an
end in 2008
In 2008, after the Lisbon Treaty, the question arose if we still needed Benelux in a time where EU was
becoming way more powerful + there was also the possibility of closer cooperation
However, the believe in the EU as an organization that can help us progress is not so big anymore.
We had a lot of crisis (Brexit crisis, migration crisis, ...) where the weaknesses of the EU were
exposed.
A new Benelux treaty was signed in 2008, this time without an expiry date: they considered it important
to continue building their common vision. The main goal set forward of this continued Benelux
cooperation is serving as a testing-ground for the EU which is often inspired by the Benelux initiatives.
The new treaty focuses on three general themes:
• The international market and economic union
• Sustainable development
• Justice and home affairs which are systematically further elaborated on the four year action
plans.
Interaction
• Influenced by Council of Europe: predominantly some instruments already existed at Council of
Europe level, but they are most often not the most farreaching one. Some smaller groups of
countries (like Benelux) will then takes those initiatives to improve it.
o So basically the mother treaty is often from the council of Europe, the experimental
treaty to go further is often from the Benelux.
o Sometimes text provisions are copy pasted from Benelux to EU or the other way
around, what is the use of that?
• For example, if an idea is launched and the treaty is concluded at council of Europe level (mother
treaty), it takes years until everyone has ratified it and to enter into force. So often the Benelux
takes over the text, so they (Benelux) all ratify it way faster and it enters also faster into force.
• Afterwards, when the Mother treaty eventually enters into force, the instrument at Benelux
level (experimental treaty) ceases to exist or is absorbed at Council of Europe level.
• Influenced Schengen & European Union: often within the smaller group of countries, an
experiment is tried and tested and if it works then we can convince other EU countries to join
(or to integrated in the EU).
The newest 2021-2024 working program has been adopted
• In it, the Benelux Member States commit themselves in the chapter on a safe and just Benelux
to achieve a safer Benelux
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, 3. INSTITUTIONAL STRUCTURE AND FUNCTION
3.1 BENELUX SECRETARIAT-GENERAL
3.1.1 Composition
The Benelux Secretariat-General is the lifeblood of the BENELUX cooperation.
• It consists of 60 permenant international officials managed by a Board of Secretary-generals.
• There is a rotating mechanism put in place to allow every Member State of having the secretary general
• The members of the Board are appointed by the Committee of Ministers for terms of five years.
• They manage the entire agenda.
3.1.2 Assignments and responsibilities
2008 Benelux treaty stipulate the Secretariat-General’s range of duties and tasks.
• The secretariat-general coordinates the administrative tasks that follow from the activities from
the Commission, the Ministerial working groups, the Council and the Commission’s
independent experts.
• It coordinates the design of the Common Work plan (Agenda) Plan and draws up an annual plan
for the Benelux Union
• It maintains necessary contacts and is responsible for making proposals needed for the
execution of the Benelux Treaty
• Draws up the draft budget of all the Benelux institutions and submits it to the Committee of
Ministers
• It does any proposals useful to ensure the proper execution of the Treaty, taking due account
of the competences attributed to other bodies and institutions within the Benelux
3.1.3 Functioning
The secretariat-general is located in Brussel in the so-called 'House of the Benelux', functions as a
neutral link between the 3 Member state governments.
For the optimal functioning of the Secretariat, the members are divided into 3 teams according to the
main themes of the rejuvenated Benelux Cooperation:
• Market
• Sustainable Development
• Justice and Home affairs.: drug traffic, Visa issues, fraude, Euro controle route
➔ The last team deals with matters such as the Senningen consultation, the fight against illegal drugs,
immigration and visa issues and the fight against fiscal fraud.
➔ In these fields, the Benelux Consultation is organized to initiate, support, control and improve
cooperation between the three Member States
To facilitate the work of the Board, support services were installed:
• The Staff Bureau: responsible for internal and external communication, public relations and
innovation.
• The Service Corporate Organization: responsible for all issues related to personnel, financial and
legal issues and the internal organization of the Secretariat-General.
• The language service: responsible for translation and interpreting for the Benelux institutions.
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, 3.2 BENELUX COMMITTEE OF MINISTERS
3.2.1 Composition
The committee of ministers consists at least one deputy (generally the Ministers of Foreign Affairs or ad hoc
appointed minister)of the government of each Member state or an ad hoc appointed minister (Belgium).
• The deputies are the ministers of Foreign affairs of the respective countries but depending on
the issues being discussed, Member states can also send another deputy. So 3 in total
Every Member State can, based on its internal distribution of competences, decide to let another
member of its government take part in the meetings.
3.2.2 Assignments and responsibilities
The overall task of the Committee of Ministers is to take measures to ensure the implementation of the
Benelux Treaty and to accomplish the aims of it.
The committee is the institution with the most decision-making power and decides by unanimity, some
examples,:
• To adopt an annual Work Plan, based on the propositions as formulated by the Secretariat-General
• To draft non-binding recommendations concerning the proper functioning of the Union
The agreements adopted by the committee of Ministers are in daily practice the most important legal
instruments of the Benelux cooperation (for example: the 2004 Benelux Treaty on cross-border police
intervention)
Certain competences can be transferred from the Committee to working groups. These groups
consist of members of the Committee or delegates from the governments of Member States.
3.2.3 Functioning
The committee of Ministers convenes once every Presidency.
• In case of urgent matters or emergency, the government of one Member State can request a
meeting. The meetings do not have a fixed location and the presidency rotates annually.
• Preparation by standing committee and a number of working groups
o Their work needs to be prepared → standing committees and thematic work groups
→ most important, are the Senningen-consultation WG and the WG on drug traffic.
• The meetings do not have a fixed location and the presidency rotates annually
3.3 BENELUX INTERPARLIAMENTARY CONSULTATIVE COUNCIL
Their work needs to be prepared: standing committees and thematic work groups → most important,
are the Senningen-consultation WG and the WG on drug traffic.
Has no decision making power, it’s odd because the Belgium parliament has this power, in most of the
parliaments there is a decision making power, but not on an international level
The Benelux Interparliamentary Assembly, is usually referred to as the Benelux Parliament
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, 3.3.1 Composition
The interparliamentary consultative council (Benelux parliament), was created by the agreement of 5
November 1955.
• The Parliament was created before the actual Benelux Treaty was signed.
• The Benelux Parliament consists of 49 members.
o All members of parliament in one of the Member States
o 21 Belgian, 21 Dutch and 7 from Luxembourg
▪ De Belgian members are elected from the federal Chambers of Parliament
and the Regional and Community Parliaments.
▪ The Dutch members are chosen from the 2 chambers of the Netherlands
states General.
▪ The Luxembourg members are elected from the members of the Chambers of
Deputies.
o They are seated in groups according their political spectrum and not based on their nationality.
3.3.2 Assignments and responsibilities
The parliament advises the committee of ministers, and formulates opinions directed at the national
governments on issues that closely relate to:
• The formation and functioning of the economic union between the three member states.
• Sustainable development.
• The cultural approximation of these 3 states.
• The cooperation of the member states on foreign policy.
• Cooperation in the fields of justice and home affairs
• The unification of law.
The Benelux parliament is active in more domains than what can be considered as the tradition Benelux
package of competences.
• Although the parliament in the Benelux Treaty was integrated into the Benelux framework, it
kept its wider mandate.
Besides having an advisory function, the Parliament also has an informative, supporting and
stimulating function (! Important, the parliament has no decision making power):
• The idea is not to influence each other policy lines, it’s more an information flow
o Information flows between the countries
• The parliament is where information about the national context of the 3 countries flows around
o For example, if you have upcoming elections and there is a new political party, you should
discuss this in the Benelux parliament
• It informs the governments of the Member States of the discussions taken in the national
Parliamentary Meetings
o The Parliament stimulates the cooperation between the member states but also between
member states and Third countries.
o Economic, social and financial cooperation.
The parliament also cooperates internationally with supra-regional and supranational organizations
such as: the Interregional parliamentary Council, the Nordic council, the Baltic assembly… but also
countries who wish to use the Benelux model as inspiration for setting up similar cooperation structures
in other parts of the world.
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, 3.3.3 Functioning
The parliament meets in turn in the three capitals of the member states. The Parliament has two 'two-
day'-plenary sessions a year. Meeting is also possible if requested by the government of a MS or by
the majority of Benelux Parliament.
• The plenums this year are 17-18 March 2023 and 16-17 June 2023
The Chairman can also convene the Parliament if the government of three Member States of the
majority of the Benelux Parliament have so requested
The functioning of the Benelux Parliament resembles the functioning of a national parliament
• The sessions are public, as well as the parliamentary acts and documents
The parliamentary documents are prepared by commissions. There are 7 parliamentary commissions
each consisting of 12 members: 5 Belgian, 5 Dutch and 2 from Luxembourg.
Further, there is also a Permanent Committee. This is the leading body within Parliament responsible
for the daily organization of the parliamentary work. It consists of 16 members.
The functioning of the Benelux Parliament resembles the functioning of a national parliament.
The sessions are public, as well as the parliamentary acts and documents.
3.4 OTHER BENELUX INSTITUTIONS
3.4.1 Benelux council
The Benelux council consists of senior civil servants representing the three member states.
• Depending on the issue to be discussed, the composition of the council changes.
• The main task of the council is to prepare dossiers for the ministers and if necessary make
recommendations.
• It also executes the decisions taken by the Committee of Ministers.
3.4.2 Benelux Court of Justice
The Benelux court of justice consists of nine members selected from the judges of the Belgian Cassation
Court, the Dutch supreme court and the Luxembourg supreme court.
• It was felt that this composition would ensure and even promote the equal application of
Benelux law.
It is not a court where citizens go to for a trial (> You can not bring a PERSON to the benelux court!!!!)
• It is more like the International Court of Justice where states go to
• If there is a discussion between states on the use of certain instruments, it is, in other words ,to
ensure the correct interpretation of the Benelux documents
o If one country interpretates a specific provision or rule differently than another one
• Only way to make sure that a legal instrument is used in the same way in the participating
countries
• Exam : link issues to court (which issue can be brought in front of which court)
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