What kind of treaty-making power for the EU? Constitutional problems related to the conclusion of the EU-US Agreements on Extradition and Mutual Legal Assistance

Abstract:

The Agreements on Extradition and Mutual Legal Assistance, signed on 25 June 2003, between the European Union and the United States are of great interest from a constitutional standpoint for they are the first Agreements to be concluded between the European Union as a whole and a third country in matters related to the third pillar; thus they could possibly serve as an example for similar Treaty-making activity in the future. However, their conclusion raises serious problems regarding democratic legitimacy, transparency and human rights safeguards - problems that should be resolved in the forthcoming European Constitution.