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Strengthening the European Union as an area of freedom, security and justiceOne of the fundamental objectives of the European Union, as stated by the Treaty of Lisbon, which was signed in 2007, and is now undergoing a ratification process in the member states, is to offer its citizens an area of freedom, security and justice without internal borders. I) Latest developmentsOn the 10 June 2009, the European Commission adopted two communications analysing the EU's work on justice and internal affairs in recent years and setting out its priorities for the future. The future Stockholm Programme, to be debated by the European Parliament and adopted by the European Council before the end of the year, will provide a framework for EU action on the questions of citizenship, justice, security, asylum and immigration for the next five years. On 2 July 2008, the Commission adopted the third annual report (Scoreboard) on the implementation of the policies in the area of Justice, Freedom and Security set in the Hague Programme. The report covers the year 2007. II) General contextThe Treaty of Amsterdam on the European Union (EU) which came into force on 1 May 1999 states that the EU:
To this effect, the European Council adopted in October 1999 in Tampere a first work programme, which implementation was achieved in 2004 On 4 November 2004, the European Council adopted the Hague programme The Commission presented in May 2005 an action plan with a set of detailed measures and a calendar to implement the programme adopted in the Hague. On the 2nd of June 2005, the Council approved the Action Plan On 28 June 2006, the Commission adopted its first assessment report on the implementation of the Hague programme. On this occasion, it took stock of all actions achieved in 2005 and focused for the first time on implementation at national level. In this context, it also made the proposal for a mechanism providing for effective evaluation of the implementation and results of policies in this area and explored the possibilities of improving decision-making and action in the area of FSJ on the basis of existing treaties. This included a communication on the adaptation of the EC Treaty to provide a more effective judicial protection through the European Court of Justice. On 3 July 2007, the Commission has adopted the second annual report (Scoreboard) on the implementation of the policies in the area of Justice, Freedom and Security set in the Hague Programme. The report covering year 2006 presents mixed results and supports the need for the Intergovernmental conference to end the uncertainty over the European Union's Treaty reform. Good progress was recorded in 'First Pillar' areas such as fundamental rights, citizenship, civil justice the European strategy on drugs, asylum and migration, visa and border policies, as well as in the fight against global terrorism. However Justice, Freedom and Security policy is currently divided and there were delays in the areas covered by the 'Third Pillar' (police and judicial cooperation in criminal matters). Here recurrent difficulties and blockages held back progress. At the same time, the Scoreboard highlights that implementation at national level of previously agreed initiatives leaves a lot to be desired. A number of Member States fail to comply with the deadline to transpose legal instruments into national legislation, or have delays in transposition. Concerning future developments, the Constitutional Treaty signed in October 2004 by the Head of States and of Governments reinforces the objective to offer citizens an area of freedom, security and justice. It facilitates decision-making, increases the powers of the European Parliament and extends the competences of the European Court of Justice with regard to certain domains. European integration is rooted in common valuesFrom its very beginning, European integration has been firmly rooted in a shared commitment to freedom based on human rights, democratic institutions and the rule of law. These common values have proved necessary for securing peace and developing prosperity in the European Union. They will also serve as a cornerstone for enlarging the Union. Ensuring freedom of movement and residence throughout the EUThe European Union has already put in place for its citizens the major ingredients of a shared area of prosperity and peace: a single market, economic and monetary union, and the capacity to take on global political and economic challenges. The challenge is now to ensure that freedom, which includes the right to move freely throughout the Union, can be enjoyed in conditions of security and justice accessible to all. It is a project which responds to the frequently expressed concerns of citizens and has a direct bearing on their daily life. For all residentsThis freedom should not, however, be regarded as the exclusive preserve of the Unions own citizens. Its very existence acts as a draw to many others worldwide who cannot enjoy the freedom Union citizens take for granted. It would be in contradiction with Europes traditions to deny such freedom to those whose circumstances lead them justifiably to seek access to our territory. This in turn requires the Union to develop common policies on asylum and immigration, while taking into account the need for a consistent control of external borders to stop illegal immigration and to combat those who organise it and commit related international crimes. These common policies must be based on principles which are both clear to our own citizens and also offer guarantees to those who seek protection in or access to the European Union. Integration of third-country nationalsIntegration of third-country nationals is an important factor in ensuring the full benefits from immigration. It has become a priority area for the EU and a common framework for integration is being developed following a distinctive European approach. Ensuring all EU citizens have the same access to justice throughout the EUThe enjoyment of freedom requires a genuine area of justice, where people can approach courts and authorities in any Member State as easily as in their own. Criminals must find no way of exploiting differences in the judicial systems of Member States. Judgments and decisions should be respected and enforced throughout the Union, while safeguarding the basic legal certainty of people and economic operators. Better compatibility and more convergence between the legal systems of Member States must be achieved. Protecting EU citizens against crimePeople have the right to expect the Union to address the threat to their freedom and legal rights posed by serious crime. To counter these threats, a common effort is needed to prevent and fight crime and criminal organisations throughout the Union. The joint mobilisation of police and judicial resources is needed to guarantee that there is no hiding place for criminals or the proceeds of crime within the Union. Involving civil societyThe area of freedom, security and justice should be based on the principles of transparency and democratic control. The EU must develop an open dialogue with civil society on the aims and principles of this area in order to strengthen citizens acceptance and support. In order to maintain confidence in authorities, common standards on the integrity of authorities should be developed. Cooperating with third countries and international organisationsThe European Council considers it essential that in these areas the Union should also develop a capacity to act and be regarded as a significant partner on the international scene. This requires close cooperation with partner countries and international organisations, in particular the Council of Europe, OSCE, OECD and the United Nations. Which policies are involved?
You will find information on all those policies in the menu situated on the left-hand side of your screen. |
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(PDF File 77 KB).