The evolution of EU anti-drug policy and law

Abstract

Chapter 1 focuses on the inception of the idea of drug policy on a European level. It then proceeds to highlight the milestones which occurred both on an institutional and on a more hands-on policy level, leading us to the situation which we are currently in under the Lisbon Treaty. The underlying theme of this chapter is the gradual increase in Union competence which the field has been subjected to, and how this affected the formation of such field over the years. Chapter 2 then provides a legal analysis of the general and specific legislative initiatives which can be deemed to form the legal basis of nowadays' EU drug policy. Apart from providing the major legal instruments enacted within this field, the chapter also addresses the arguments relating to the relationship between general policy initiatives and specific policy initiatives. It is at this stage that a number of procedural concepts come into play. The chapter highlights the way in which these concepts, which can be deemed to apply to criminal matters generally, have an impact on drug policy just as much as the specific initiatives directed directly at drug policy do. Chapter 3 outlines the current scenario under the Lisbon Treaty. The radical changes in Union competence over criminal law which had been a long time coming have definitely given an entirely new face to EU drug policy. Admittedly, the move in this direction could be sensed over the course of this last decade. In any case, the situation which this newly acquired competence has created will be discussed in this chapter. The rationale behind such a move will also be discussed, ultimately discussing what relevance this will have to the drug policy debate. Finally, Chapter 4 brings out the arguments, implications and conclusions which emerge from this thesis. Essentially, the questions which will be addressed here will deal with what can be deduced from the evolution which EU drug policy and law has passed through; has the move from intergovernmentalism to supranationalism been supplemented by a move towards a harmonisation of laws, what are the deeper implications of the newly acquired Union competence in drug policy and law, how effective is the current scenario, and finally, what does the future of EU drug policy and law hold in store?