Éditorial 257 Retour sur le mandat d’arrêt européen par Florence Chaltiel Cohésion 260 La cohésion européenne à l’épreuve des inégalités interpersonnelles de revenus par Alain Buzelay Coopération policière 267 La coopération policière, judiciaire et douanière dans l’Union européenne – Quelles réalisations, quelle efficacité depuis le traité de Lisbonne ? Un bilan d’activité mitigé entre efficacité et souveraineté par Coralie Mayeur Carpentier 268 La coopération policière des États membres de l’Union européenne : quelle place pour les accords bilatéraux? par Rémy Prouvèze 274 Les particularités de la coopération avec un État tiers voisin: l’exemple de la Suisse par Clémentine Mazille 280 Les règles gouvernant la recherche des preuves, élément de la coopération policière, douanière et judiciaire – Quelques réflexions sur un espace commun de poursuites par Maria Fartunova 288 L’extraterritorialité des décisions des autorités de régulation nationales : gage d’efficacité de la protection des données personnelles en Europe par Nathalie Martial- Braz 295 L’exequatur des décisions de justice dans l’espace judiciaire européen par François Colonna d’Istria 301 L’harmonisation des voies d’exécution par Catherine Tirvaudey Droit maritime 308 Chronique maritime par Annie Cudennec, Nicolas Boillet, Olivier Curtil, Cécile De Cet- Bertin, Gaëlle Guéguen- Hallouët et Muriel Taillens EUROPEAN COHESION TESTED BY PERSONAL INEQUALITIES OF INCOME by Alain Buzelay p. 260 The regional disparities of development in Eu-rope should not hide interpersonal income ine-qualities – whose growth in recent years threa-tens the very fragile pursuit of its cohesion. Ine-qualities which are more or less significant ac-cording to the member countries and which arise as much from the current functioning of our economies as from state or individual be-haviour. The analysis reveals that these inequa-lities are now having a negative impact on growth, to the extent that they weaken the co-hesion which frames and supports it. This co-hesion is undermined by a rupture in the pro-cess of training and qualification, as well as by a rupture of the productive dynamic. In this context, the reduction of inequalities which is needed cannot be limited to a simple strategy of redistribution. POLICING COOPERATION AMONG EUROPEAN UNION MEMBER STATES: WHAT PLACE FOR BILATERAL AGREEMENTS? by Rémy Prouvèze p. 268 If the European Union has, with the Treaty of Lisbon, undertaken to deepen police cooperation between member states, some limits or gaps re-main. The member states remain broadly mas-ters of the question inside the European Union ( EU) and have recourse to bilateral agreements, either to deepen cooperation, or to control or res-train it. These agreements have however rende-red more complex the network of obligations and rights, mechanisms and procedures in the area by superimposing themselves on the ( already complex) legal framework established by the EU. Is this note explained by the inconveniences of the EU framework or does it express, in spite of the gains in European policing cooperation, a persistent desire to protect a bailiwick, to conserve a competence still seen as exclusively a prerogative of governments? THE SPECIFICITIES OF COOPERATION WITH A NEIGHBOURING THIRD PARTY STATE: THE EXAMPLE OF SWITZERLAND by Clémentine Mazille p. 274 Switzerland’s non- membership of the European Union is not reflected in a clear distancing with respect to the legal systems applicable between member states of the EU. In the customs, policing and legal areas the specificities of cooperation are thus more to be found in the conventional adoption of EU law, vector of structuring of new areas of “ cooperation/ integration”. THE RULES GOVERNING THE SEARCH FOR EVIDENCE, ELEMENT OF POLICING, CUSTOMS AND LEGAL COOPERATION SOME REFLECTIONS ON A COMMON AREA OF PROSECUTION by Maria Fartunova p. 280 The search for evidence has from the beginning been considered as an essential element of cus-toms, policing and legal cooperation at the level of the European Union. Envisaged as the exten-sion of the national competence of execution of the competent national authorities, the search for evidence in respect of cooperation has ho-wever been progressively integrated into the treaties and acts of secondary legislation. This progressive taking into consideration is explai-ned by the difficulty in implementing in a cohe-rent manner the integrated approach in the rea-lization of a common area of prosecution. The current state of European Union law reveals again the insufficiency of the integrated ap-proach applied in the search for evidence. The future establishment of the European Prosecu-tor’s Office could certainly remedy this. THE EXTRA- TERRITORIALITY OF THE DECISIONS OF NATIONAL REGULATION AUTHORITIES: A MEASURE OF THE EFFICACY OF THE PROTECTION OF PERSONAL DATA IN EUROPE by Nathalie Martial- Braz p. 288 The desire for cooperation of national control authorities in the area of personal data protec-tion should be strengthened by practical re-sources. In order to render effective the decisions taken by these authorities and avoid the giants of the net having recourse to faults with a view to gain rather than complying with legislation ensuring the protection of the rights of the per-sons concerned, it is imperative that means be found of striving towards an extra- territoriality of sanctions decisions. This could be allowed and would be entirely coherent in the context of the setting up of a procedure of “ co- decision” and cooperation seeking to make the regulators work in a network. At a time when the general regu-lation in the area of protection of personal data enters the final phase of its adoption, a reflection is need on the suitable bases to justify this extra-territoriality from the decisions of national control authorities. THE EXEQUATUR OF LEGAL DECISIONS IN THE EUROPEAN JUDICIAL AREA by François Colonna d’Istria p. 295 Suppressing the exequatur in the European judicial area was a work of great scope which Digest has not yet been completed. It began on the terrain of words, when the Brussels Conven-tion replaced the term “ exequatur” with the expression “ declaration of execution”. It conti-nued with the changes of system that the Brussels 1 and 1a regulations inaugurated, af-fecting more the procedural terms of the exe-quatur than its very principle. All this happe-ned as if the terminological change served to initiate the legal change, or indeed took its place. THE HARMONISATION OF MEASURES OF EXECUTIONS by Catherine Tirvaudey p. 301 Whereas the civil procedures of execution are strongly marked by territoriality, enforced reco-very of claims is very broadly facilitated even if there remain practical obstacles to be overcome. The Union is also establishing common proce-dures for the obtaining of enforcement orders or the implementation of protective orders as well as to the creation of a European enforcement order. Through pragmatism and with a concern for efficacy harmonization of effects is prefer-red to that of rules. MARITIME CHRONICLE by Annie Cudennec, Nicolas Boillet, p. 308 Olivier Curtil, Cécile De Cet- Bertin, Gaëlle Guéguen- Hallouët, Muriel Taillens This second half of 2015 has been marked by legal complexity. Complexity in the reform of the common fishing policy, first and foremost. Entering into force in 2014, its implementation is at the origin of a provided case law and the adoption, within this half- year, of numerous rules ( including about ten regulations of exe-cution). Complexity in the sector of competi-tion, then. In this sector, beyond the questions of concentration, it is state aid which is again in the hot seat. And here, it is most especially – once again – the SNCM ( Société nationale Corse Méditerranée) case which is proving to-pical legally. France’s condemnation for failure to meet an obligation, in July 2015, well illus-trates the difficulties of member states in gras-ping the complex European regulation in the area. Environmental ccomplexity also, as wit-nessed to by the Commission’s report on the es-tablishment of protected zones, tools of mana-gement of space, essential for the conservation of nature but whose coherence and represen-tativeness is difficult to evaluate. The same goes for an area which, often cited for its com-plexity, is now attempting to resolve this : that of labour law, with the harmonisation of Eu-ropean Union ( EU) law between terrestrial workers and those who work at sea. However, there also, a lot of road remains to be covered.
