The establishment of the European Union (EU) Policy within the third pillar of the United Kingdom (UK) has changed substantially over the past decades and more with the introduction of the Lisbon Treaty. Originally the UK had been reluctant to acknowledge or embrace European integration, due to its historical attachment to Parliamentary Sovereignty. Refusing the membership of the original European Steel and Coal Community at the Treaty of Paris in 1951, the UK eventually succeeded in membership in 1972, after de Gaulle vetoed the British application twice in 1963 and 1967. The EU now boasts a 27 state membership, a fully established single market and is moving towards blurring the lines of nationality to create the ultimate European citizenship. The UK participates fully in EU operations, with active members in all of the Institutions; however, the UK has remained reluctant to become fully immersed in all EU policies. By adopting a ‘pick and choose' mentality the UK aims to retain its sovereignty, appease its citizens and yet remain an integral icon in EU law making.
By examining the various components of Border Regulation, Citizenship, Free Movement of Persons, Asylum, Immigration, State Surveillance, Terrorism and Organized Crime, one can observe how this policy has impacted EU integration in the UK. Each section will be examined in turn and ultimately concluded to gauge whether the UK has succeed in the establishment of Third Pillar legislation in the UK.
[...] In accordance with Article 63 Treaty of Lisbon (Amending the Treaty on European Union and the Treaty Establishing the European Community) [2007] OJ C306/01; “standards concerning the conditions for the reception of applicants for asylum or subsidiary protection.” Home Office, ‘Control of Immigration: Quarterly Statistical Summary, United Kingdom. July-September 2009' < http:> accessed 20 February 2010. T Thompson, ‘Asylum Seeker Applications at 14 Year Low' Scotsman (Edinburgh 27 February 2008) < http: applications-at.3818339.jp> accessed 20 February 2010. The Scotsman is the newspaper with the widest distribution in Scotland. [...]
[...] In the near future the Schengen Information System II[70] should be operational, it will be based in Strasbourg, although it is not yet clear if its remit will be expanded.[71] Another element of the implementation of EU policy within the third pillar is the presence of Europol, the European law enforcement agency. This agency ‘aims to improve the effectiveness and co-operation of the competent member states' in tackling crime. It does this by exchanging information and intelligence between member states to aid investigation. [...]
[...] L 199/30 EN Official Journal of the European Union Regulation No 863/2007. Hansard HC, Volume 470, Column 1865W January 2008. Conservative Party Website, Damien Green MP, < http:>, accessed 22 February 2010 Explanatory notes, Borders, Citizenship and Immigration Act 2009. Penelope Kent, Law of European Union (Person Longman, 2008,) 215. Chalmers, Hadjiemmanuil, Monti & Tomkins, European Union Law (Cambridge, 2009) 698. Chalmers, Hadjiemmanuil, Monti & Tomkins, Updating Supplement, European Union Law, (Cambridge, 2009) 131 n15 at 699. Lawrie-Blum v Land Baden-Wrttemberg, (Case 66/85), [1986], ECR 2121. [...]
[...] Serious organised crime association, ‘organised crime' accessed on 22 February 2010. Home Office, ‘organised crime' < http: victims> accessed on 23 February 2010. Policing Europe EU Justice and Home Affairs Co-operation, Ben Hall Ashish Bhat, Centre for European Reform September 1999. Treaty of Amsterdam- moved some aspects of JHA back into the first pillar, namely freedom of movement issues. Treaty of Maastricht 1991- placed all matters of justice (apart from some visa issues) into a third pillar of the European Union framework and from here on in all JHA [...]
[...] Between 2004 and 2006, the UK issued 201 warrants which resulted in 90 arrests and 69 people were surrendered back to the UK.[101] Mackarel considered the arrest warrant to be first manifestation of the policy to make mutual recognition the basis of measures to develop cooperation throughout the EU in criminal law'.[102] The ‘United Kingdom Threat Assessment Report 2009/2010' found that: “most forms of serious organised crime involve criminal assets or serious organised criminals themselves at some point crossing the UK border, in many cases illegally'.[103] While complying with EU policy on terrorism the UK is not very eager to adopt European Directives when it comes to border control. [...]
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