EU Law and International Cooperation in Criminal Matters: a tale of legal competence and political competency

This chapter provides an analysis of EU criminal justice as an external policy. It identifies its restrictions based on the lack of criminal law competence in the foreign policy realm. In lieu of the lack of such competence, the chapter will then discuss the advancement of indirect EU international cooperation in criminal matters by identifying briefly the instruments available and their legal basis. It will then turn to some case studies, starting with a consideration of the EU’s strategic partnership with Russia and the potential for a new EU-Russia legally binding agreement with criminal law implications and the issues of legislative competence surrounding it. The chapter also considers EU policy on capabilities enhancement in the Western Balkans as part of the development of regional cooperation with a view to EU accession. Once legal competence is established in this context, the purpose is to evaluate the political competency of the EU to influence public policy in the field of criminal justice.