The internal-external nexus: cross-border criminal justice

Criminal justice is a sensitive area for transnational and international cooperation. States have different legal traditions and court systems, and perceptions of what is ‘just’ differ widely. In light of all this, the extent to which criminal justice cooperation has deepened – both within Europe and in the EU’s external relations – is quite remarkable.

The EU and the US, for instance, have found ways to deal with potentially conflictual issues (including capital punishment) and deepened bilateral cooperation well beyond the initial focus on extradition and mutual legal assistance – into areas such as cybercrime, countering violent extremism and foreign fighters.

This Brief looks at the quite remarkable extent to which criminal justice cooperation has deepened – both within Europe and in the EU’s external relations. What mechanisms are in place to facilitate cooperation and avoid clashes in this highly sensitive policy area?