The constitutional architecture of EU peacebuilding for law enforcement institutions : legality and accountability

Abstract

This research first sets out to verify whether the measures in the EU’s peacebuilding toolbox indeed turn out to have converging objectives, an overlapping scope and provide for similar activities across the CFSP / non-CFSP divide. Does the European Union live up to expectations as to the extensiveness of the range of its tools? And, if in the affirmative, do they have the potential to leave a substantial and sustainable impact? These tools include primarily the non-CFSP external assistance instruments, on the one hand, and EU operations under the aegis of the CFSP, on the other. Both are presented in detail in order precisely to classify their objectives on all levels, from the Treaty level to the instruments’ implementing decisions and programmes, and to identify the possible activities undertaken to this end. Underpinned by the objective of shedding light on the competence allocation in EU peacebuilding, this analysis yields questions such as: what actually is the difference between an EU contracted police officer mentoring and monitoring third country police officers in conducting an effective crime investigation according to predetermined action fiches, and an expert funded under an EU technical assistance or twinning project to establish a detailed workplan and strategy for enhancing the effectiveness of crime investigation? And what is the difference between awareness raising, training and trial monitoring with the objective of advancing in the fight against corruption, as opposed to capacity-building and financial assistance in the public sector in this respect? And does the establishment of a transparent and objective case-allocation system in the judiciary call for a non-CFSP financed project, or can it also be achieved through mentoring in the context of an EU strengthening operation?