Samenvatting Justice, home affairs and security - Europees en internationaal beleid inzake justitie binnenlandse zaken en veiligheid (B001507A)
Samenvatting (18/20) "European and International Justice, Home Affairs and Security Policy"
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Criminologische Wetenschappen
Europees en internationaal beleid inzake justitie binnenlandse zaken en veiligheid (B001507A)
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European and international justice,
home affairs and security
Benelux
Origin and historical development
The origins of the Benelux partnership date back to the final phase of WO2 and
predominantly focused on economic matters.
• 1943: Belgium, The Netherlands and Luxembourg concluded an agreement aimed
reinforcing economic relations and facilitating monetary transactions among them.
o They set a fixed exchange rate between the Belgian-Luxembourg franc and
the Dutch guilder.
o Allowing each other some credit facilities would secure and stabilize trade
relations.
• 1944: opening of the internal borders and establishing free movement of goods,
services, capital and persons. These basis principles, laid down in the 1944 Customs
Convention entered into force in 1948 and resulted in:
o The abolishment of intra-Benelux custom duties
o The establishment of a common import tariff for third countries
• 1958: B & N were also working together with France for the establishment of the
European Coal and Steel Community (ECSC) and the European Economic Community
o (ECC) in 1997.
• 1958: Benelux (treaty) had enough experience so they took the next step and
established the so-called Benelux Economic Union (BEU)
o This Union had its own institutions and would draw up its own policy.
Enter into force 1960
o All existing agreements would now fall within this newly founded institutional
framework.
o Because of the open borders, criminals could also move countries, so they set
up flanking measures (buiten eigen grenzen)
• Cooperation further than economic matters?
o Agreement to move controls on persons to the outer borders of the Benelux
o Convention on the import and export of goods administrative cooperation
and exchange of information
• 1962: Treaty on Extradition and Mutual Legal Assistance in Criminal Matters (Benelux
Extradition Treaty)
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.
• 1969: Treaty on the Execution of Judicial Decisions in Criminal Matters (opgelegde
straf, herkenning door andere landen)
o BACC-treaty (Benelux Administrative and Criminal Cooperation)
,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:
• The Benelux Extradition Treaty (BET) laid the foundation of the 1974 Benelux
Protocol.
o This is 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 Benelux in the area of mutual recognition formed
the building blocks for the Schengen Implementation Convention (SIC).
Following the 2 conventions just mentioned, the 1986 agreement deals with trans-border
cooperation between authorities on each side of the border.
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.
1996: Senningen Memorandom on cooperation in the fields of police, justice and
immigration
• 2004 Declaration on the cooperation between liaison officers
• 2004 Benelux Treaty on cross-border police interventions
• Adoption of multi-annual Senningen Action Plans
• 2022: newest version of Benelux Police Cooperation Treaty
o Has an enhanced focus on the mobility and security of persons.
o The 2018 Benelux Police Cooperation Treaty introduces new information
sharing possibilities and hot-pursuit and investigation actions.
A new Benelux treaty was signed in 2008 (enter into force 2012 for indefinite time, without
an expiry date): they considered it important to continue building their common vision. The
main goals set forward of this continued Benelux cooperation are to continue trying out
deepened forms of cross-border cooperation and serving as a testing ground for the EU. The
2008 Treaty focuses on 3 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.
Enhanced cooperation between Benelux countries continues to have a tangible impact on
citizens’ daily lives
• Explore further deepening of cooperation with Baltic and Nordic states.
The newest 2021-2024 working program has been adopted in the meanwhile.
• The Benelux Member States commit themselves in the chapter on a safe and just
Benelux to achieve a safer Benelux.
o Start cooperating in a proactive manner to combat first and foremost
terrorism, crime and fraud, but additionally also tackle food safety and
cybersecurity.
,Institutional structure and functioning
The institutions within this cooperation structure are: the Benelux Secretariat-General,
Committee of Ministers, Interparliamentary Consultative Council, Council and the Court of
Justice.
Benelux Secretariat-General
Composition
The Benelux Secretariat-General is the lifeblood of the Benelux cooperation. It consists of 60
permanent international officials managed by a Board of Secretary-Generals comprising a
Secretary-General of the Dutch Nationality and 2 Adjunct Secretary-Generals, one from
Belgium and one from Luxembourg.
• The members of the Board are appointed by the Committee of Ministers for terms of
5 years. They manage the entire agenda.
• Since 2020, a Luxembourger is the secretary-general.
Tasks 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) and draws up an
annual plan for the Benelux Union
• Responsible for making proposals needed for the execution of the Benelux Treaty
• Maintains necessary contacts
• It draws up the draft budget of all the Benelux institutions
The Committee of Ministers can assign additional tasks to the Secretariat-General.
Functioning
The Secretariat-General is located in Brussels 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
o This team deals with the fight against illegal drugs, immigration and visa
issues, the fight against fiscal fraud and the Euro Contrô le Route.
To facilitate the work of the Board of Secretary-Generals, support services were installed:
• The Staff Bureau is responsible for internal and external communication, public
relations and innovation
• The Service Corporate Organization is responsible for all issues related to personnel,
financial and legal issues and the internal organization of the Secretary-General
• The language service is responsible for the translation and interpreting for the
Benelux institutions.
, Benelux Committee of Ministers
Composition
The Committee of Ministers consists at least one deputy 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 3 in total
Tasks 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 set out therein.
• The committee is the institution with the most decision-making power. It’s the heart
of the Benelux organisation. It decides by unanimity.
• The agreements adopted by the committee of Ministers are the most important legal
instruments of the Benelux cooperation.
• Certain competences can be transferred from the Committee to working groups.
o These groups consist of members of the Committee or delegates from the
governments of Member States.
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
between representatives of the 3 Member States.
o In 2023 the Netherlands presides the Benelux, followed by Belgium in 2024
and Luxembourg in 2025.
Benelux Interparliamentary Assembly
The Benelux Interparliamentary Assembly (Benelux Parliament) 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 Parliament was created before the actual Benelux Treaty was signed (1955-
1958).
• 2015: Benelux Interparliamentary Consultative Council Benelux Interparliamentary
Assembly.
Composition
The Benelux Parliament consists of 49 members: 21 Belgian, 21 Dutch and 7 from
Luxembourg
• The 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.
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