EU Zombie Law: the CJEU re-animates the old 'third pillar'

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"Back in 1993, when the Maastricht Treaty entered into force, the EU began adopting measures on criminal law and policing under a peculiar institutional system, known in practice as the third pillar of EU law. This system was amended by the Treaty of Amsterdam in 1999, and then survived several attempts to kill it over the next decade; indeed I once compared it to Rasputin. The Treaty of Lisbon nominally finished it off it as from that Treatys entry into force (1 December 2009); but this was subject to a five-year transitional period.

That makes it sound as though the third pillar finally came to an end on 1 December 2014 but it did not. Indeed two judgments of the CJEU yesterday (here and here) not only maintain old third pillar measures in force, but allow new measures based on them to be adopted. Third pillar measures arent exactly dead yet rather they are undead. Lets take a look at these zombies of EU law."


See the full text: EU Zombie Law: the CJEU re-animates the old 'third pillar' (EU Law Analysis, link)

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