Negative and Positive Integration in EU Criminal Law Co-Operation

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