Samenvatting European and
International Justice, Home Affairs
and Security Policy
2021-2022
Prof G. Vermeulen + W. De Bondt
, Benelux
The Benelux has a double goal: (a) it is the sort of testing ground for the European Union and
b) to try out deepened forms of cooepration.
- It is 64 y old.
1. Origin and development
The origins of the Benelux partnership: date back to the final phase of WO2 and predominantly
focused on economic matters (economic revival and reconstruction)
- 1943 Monetary Union:
o Belgium, The Netherlands and Luxembourg concluded an agreement aimed at
reinforcing economic relations and facilitating monetary transactions among
them.
Fixed exchange rates: guided by economic and financial aspirations,
these 3 governments decided to set a fixed exchange rate between the
Belgian-Luxembourg franc and the Dutch guilder.
Because at the time we still had different currency’s (now we
have euor)
State loans: they would offer each other state loans, to the extend that
it was necessary and plausible to offer each other financial help
- 1944 : Customs convention.
o It resulted in two things:
1) the abolishment of intra-Benelux custom duties
2) the establishment of a common import tariff for third countries
o Goal : stabilize secure and trade relations.
- 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 This Union had its own institutions and would draw up its own policy.
o In the following years several instruments were adopted to shape the BEU
Focus on cooperation -> would go further than economic matters
Example 1996: the adoption of the Senningen Memorandum
concerning cooperation in the field of police, justice and
immigration.
- 2021: does the Benelux still have reason to exist?
o Everything seems to be dominated by the EU (and the Council of Europe)
o At the same time there were also some cracks in the European architecture
(the architecture of the EU): brexit crisis, migration crisis, a lot of crises where
the weaknesses of the European Union were exposed and the future had been
put to the test.
o Originally the treaty (when it was signed in 1958) was only supposed to last 10
years
PAGINA 1
, The Benelux was supposed to cease to exist in 2008 (also Lisbon Treaty
But the fact that all 3 countries were part of the EU, they taught
it was important to continue to share their common vision and
signed a new Benelux treaty in 2008, with no expiration date
Reducing of commissions and institutions
Goals of the new treaty
Deepen forms of cross-border cooperation
Testing-grounds for the EU
o The new Benelux treaty
Focus on 3 themes
The internal market and economic union
Sustainable development
Justice and home affairs
“It is the Benelux duty to unite and provide the impulses necessary to keep the European
Union project on track”
2. Institutional structure and functioning
2.1. Benelux Secretariat-General
2.1.1. Composition
The Benelux Secretariat-General is the lifeblood of the BENELUX cooperation.
- It consists of: 60 international officials managed by a Board of Secretary-Generals
o Board of Secretary-Generals: comprising a Secretary-General of the Dutch
Nationality and two Adjunct Secretary-Generals, one Belgian and one from
Luxembourg.
The members of the Board are appointed (and possibly also dismissed)
by the Committee of Ministers for terms of 5 years
The Board = a collegiate body in which all the members collectively
share responsibility for the functioning of the Secretariat.
2.1.2. Tasks and responsibilities
The Secretariat-General
(1) coordinates the administrative tasks that follow from the activities from the
Commission, the Ministerial working groups, the Council and the Commission’s
independent experts.
(2) It coordinates the design of the Common Work Plan and draws up an annual plan for
the Benelux Union
(3) it maintains necessary contacts
(4) it is responsible for making proposals needed for the execution of the Benelux Treaty
(5) it draws up the draft budget of all the Benelux institutions
So shortly: they do the daily management + organisation of consultation rounds
They work in teams:
PAGINA 2
, - P.e. Team Justice and Home Affairs
o Senningen-consulation (police cooperation and crisis management)
o Drug traffic
o Immigration and visa issues
o Fighting fiscal fraude
o Euro Controle Route
2.1.3. Functioning
The Secretariat-General is located in Brussel, 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:
- (1) Market
- (2) Sustainable Development
- (3) Justice and Home affairs.: drug traffic, Visa issues, fraude, Euro controle route
In regard to those three domains, consultation rounds are organized with a view to
improving and intensifying cooperation between the 3 Member States.
To facilitate the work of the Board of Secretary-Generals, support services were
installed: The Staff bureau, the Service Corporate Organization, the language service
- Each with a different purpose
2.2. Benelux Committee of Ministers
2.2.1. Composition
The Committee of Ministers consists of: at least one deputy of the government of each Member
State or an ad hoc appointed minister (Belgium).
- Generally, 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.
- Of each Member State so 3 in total
2.2.2. 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.
- They meet one day, once every year
The Committee is the institution with the most decision-making power.
- The Committee decides by unanimity
o They do not vote but decide! Because there is only 3 of them (or maybe 6)
- They take decisions on the implementation of treaties, the adopting of multi-annnual
plans, year programmes, …
o The agreements adopted by the Committee of Ministers are the most important
legal instruments of the Benelux cooperation.
PAGINA 3
