In the wake ofPupino:Advocaten voor der WereldandDell'Orto

Abstract

This paper argues that the third pillar, despite the ECJ's landmark ruling of Pupino (which extended communautaire reasoning to the third pillar terrain) is and remains different from the supranational sphere. In so doing, the paper asks whether a consistent approach to EU law can be derived from the orthodoxy of EC law by focussing on the recent judgments of Advocaten voor der Wereld and Dell'Orto.

Police And Judicial Cooperation Between The European Union Member States. Results And Prospects

“…With the Pupino judgement, the Court of Justice has built a bridge, extending First Pillar principles to the Third Pillar. 73 lt is still, however, to be determined in detail (perhaps during discussions in workshops) whether and if so how this setting of EC law can be transferred to Justice and Horne Affairs and its cooperation in various areas of law enforcement. The problems are apparent in all forms of cooperation, most clearly in connection with the European Arrest Warrant (EAW) and its abolition of dual criminality-and when it eventually comes to the approximation of laws.…”