The Europol Council Decision: A New Legal Basis for Europol

Abstract

This article offers a thorough analysis of the legal basis of Europol over the years of its existence. Three eras are distinguished: the pre-Convention era, the Convention era and the post-Convention era. The succession of legal instruments represents choices embodying the development of Europol. The choices made are analysed and evaluated using four criteria: necessity, consistency, balance and transparency. By studying Europol's legal basis simultaneous insight is gained into the lawmaking process under the third pillar of the EU. Here a distinction is made between the periods before and after the entry into force of the Treaty of Amsterdam, as well as between the periods before and after the entry into force of the Treaty of Lisbon.