Moreover, it must be absolutely clear that the third pillar cannot incorporate legal instruments of a supranational nature. They are not allowed to have direct legal effects on the citizens, and a certain margin for their implementation by the Member States must be presumed to the extent that this is necessary. The European Court of Justice should assume a role in the areas remaining in the third pillar. But it should be on a clearly intergovernmental basis. It is difficult to predict the final result of the third-pillar cooperation.
Difficult negotiations lie ahead.
In the draft Treaty the Presidency recommends an integration of the Schengen cooperation into the EU, proposing that such a step should be taken by adopting a protocol in conjunction with the new Treaty. The formulation of a Danish position on this issue calls for the clarification of a number of legal and technical questions. Denmark finds it should be possible to involve the EU institutions in the Schengen cooperation. But we are of the opinion that the Schengen cooperation must preserve its intergovernmental nature. And we maintain that a closer affiliation between the Schengen cooperation and the EU must not lead to a weakened position for Norway and Iceland.