What balance between Eurojust and Europol from a parliamentary angle?
DOI | 10.1177/2032284420901784 |
Date | 01 June 2020 |
Author | Maria Schinina |
Published date | 01 June 2020 |
Subject Matter | Analysis/Opinion |
Analysis/Opinion
What balance between
Eurojust and Europol from
a parliamentary angle?
Maria Schinina
Representative of the Italian Chamber of Deputies to the EU, Belgium
Abstract
The article addresses the debated issue of the democratic accountability of Europol and
Eurojust. After a short introduction on the discussioninthepre-Lisbonphase,itfocuseson
the current legislative framework. Through a comparative analysis of the relevant provisions
of reg (EU) 2016/794 (concerning Europol) and reg (EU) 2018/1727 (on Eurojust), the article
highlights an asymmetry in the intensity of the parliamentary oversight on the two Agencies
and a much strong interest of Parliaments in the control on Europol. The reasons of this
misalignment are identified in the different nature of the two bodies (police vs. judicial) and
the reinforced operational dimension of Europol’s activity, which can have a stronger impact
on fundamental rights. The second part of the contribution analyses the experience of the
recently established Joint Parliamentary Scrutiny Group (JPSG) on Europol, identifying some
limits to the parliamentary control mechanism, linked, on the one hand, to the legislative
framework and, on the other hand, to the rules governing the structure and functioning of the
JPSG. Finally, the article notes that relaunching the process of revision of the JPSG’s Rule of
procedure is needed to improve the effectiveness of the parliamentary oversight on Europol.
Moreover, a more functional fram ework for the interparliamentary control on Europol could
provide substantial and procedural inputs to the implementation of the extremely meagre
provisions related to Eurojust’s democratic accountability. Ultimately, it could represent a
general model in the discussion about the democratic accountability of the proliferating Justice
and Home Affairs agencies.
Keywords
Decentralised agencies, democratic accountability, Europol, Eurojust, JHA Agencies, JPSG, national
parliaments, parliamentary control
Corresponding author:
Maria Schinina, Representative of the Italian Chamber of Deputies to the EU, Avenue Ernestine, 2, Bruxelles 1050, Belgium.
E-mail: maria.schinina@natparl.ep.europa.eu
New Journal of European Criminal Law
2020, Vol. 11(2) 123–134
ªThe Author(s) 2020
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DOI: 10.1177/2032284420901784
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