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Playing the co-decision game: Is the European Parliament striking a balance between liberty and security?

Ariadna Ripoll Servent

Before the introduction of the co-decision procedure to the 'communitarised' fields of the AFSJ in January 2005 many observers expected the enhanced powers of the European Parliament to change the balance between security and liberty within the AFSJ because of the persistently pro-civil liberties position adopted by the Parliament. Since then, this question has not been systematically tackled in the literature and consequently the impact of co-decision on JHA is still unclear. In this paper, I will attempt to close this gap by examining several legislative pieces ('Returns' directive, 'Data Retention' directive and Schengen Borders Code) agreed under co-decision. The objective is to establish up to which point the involvement of the European Parliament has helped to strike a balance between security and liberty and what impact has it had on inter-institutional relations.

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