Area of freedom, security and justice
Encyclopedia
The area of freedom, security and justice (AFSJ) is a collection of European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

 (EU) policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus also minimum judicial standards. Some notable projects related to the area are the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...

, the Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...

 and Frontex
Frontex
Frontex is the European Union agency for external border security...

 patrols.

Organisation

The area comes under the purview of the European Commissioner for Justice, Fundamental Rights and Citizenship and the European Commissioner for Home Affairs. They deal with the following matters: EU citizenship
Citizenship of the European Union
Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...

; combating discrimination, drugs, organised crime, terrorism, human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

; free movement of people
Four Freedoms (European Union)
The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...

, asylum and immigration; judicial cooperation in civil and criminal matters; police and customs cooperation; and these matters in the acceding countries
Enlargement of the European Union
The Enlargement of the European Union is the process of expanding the European Union through the accession of new member states. This process began with the Inner Six, who founded the European Coal and Steel Community in 1952...

.

The relevant European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 departments are the DG for Justice and DG Home Affairs
Directorate-General for Justice, Freedom and Security (European Commission)
The Directorate-General for Justice ' is a Directorate-General of the European Commission. The role of the "DG Justice" is to ensure that the whole European Union is an area of freedom, security and justice...

. However there is also Eurojust
Eurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....

 and Europol
Europol
Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....

, which develop judicial and police cooperation respectively. Related to the latter there is also the European Police College
European Police College
CEPOL - European Police College was established as an agency of the European Union in 2005 . CEPOL brings together senior police officers across Europe with the aim to encourage cross-border cooperation in the fight against crime, maintenance of public security and law and order...

, the European Police Chiefs Task Force and Frontex
Frontex
Frontex is the European Union agency for external border security...

.

Actions

Over the years, the EU has developed a wide competence in the area of justice and home affairs. To this end, agencies have been established that co-ordinate associated actions: Europol
Europol
Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....

 for co-operation of police forces, Eurojust
Eurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....

 for co-operation between prosecutors, and Frontex
Frontex
Frontex is the European Union agency for external border security...

 for co-operation between border control authorities. The EU also operates the Schengen Information System
Schengen Information System
The Schengen Information System , is a governmental database used by European countries to maintain and distribute information on individuals and pieces of property of interest. The intended uses of this system are for national security, border control and law enforcement purposes...

 which provides a common database for police and immigration authorities throughout the borderless Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...

.

Furthermore, the Union has legislated in areas such as extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...

 (such as the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...

), family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...

, asylum law, and criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...

. Prohibitions against sexual and nationality discrimination have a long standing in the treaties. In more recent years, these have been supplemented by powers to legislate against discrimination based on race, religion, disability, age, and sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...

. By virtue of these powers, the EU has enacted legislation on sexual discrimination
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...

 in the work-place, age discrimination
Ageism
Ageism, also called age discrimination is stereotyping of and discrimination against individuals or groups because of their age. It is a set of beliefs, attitudes, norms, and values used to justify age based prejudice, discrimination, and subordination...

, and racial discrimination
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...

.

European crimes

In 2006, a toxic waste spill off the coast of Côte d'Ivoire
2006 Côte d'Ivoire toxic waste spill
The 2006 Côte d'Ivoire toxic waste dump was a health crisis in Côte d'Ivoire in which a ship registered in Panama, the Probo Koala, chartered by the Dutch-based oil and commodity shipping company Trafigura Beheer BV, offloaded toxic waste at the Ivorian port of Abidjan...

, from a European ship, prompted the Commission to look into legislation against toxic waste. Environment Commissioner Stavros Dimas
Stavros Dimas
Stavros Dimas is a Greek politician who was European Commissioner for the Environment from 2004 to 2009. Since November 2011, he has served in the government of Greece as Minister for Foreign Affairs.-Early career:...

 stated that "Such highly toxic waste should never have left the European Union". With countries such as Spain not even having a crime against shipping toxic waste Franco Frattini, the Justice, Freedom and Security Commissioner, proposed with Dimas to create criminal sentences for "ecological crimes". His right to do this was contested in 2005 at the Court of Justice resulting in a victory for the Commission. That ruling set a precedent that the Commission, on a supranational basis, may legislate in criminal law – something never done before to outlined in treaties. So far though, the only other use has been the intellectual property rights directive. Motions were tabled in the European Parliament against that legislation on the basis that criminal law should not be an EU competence, but was rejected at vote. However in October 2007 the Court of Justice ruled the Commission could not propose what the criminal sanctions could be, only that there must be some.

The European Commission has listed seven offences that become European crimes. The seven crimes announced by the Commission are counterfeiting euro notes and coins; credit card and cheque fraud; money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...

; people-trafficking; computer hacking and virus attacks; corruption in the private sector; and marine pollution
Marine pollution
Marine pollution occurs when harmful, or potentially harmful effects, can result from the entry into the ocean of chemicals, particles, industrial, agricultural and residential waste, noise, or the spread of invasive organisms. Most sources of marine pollution are land based...

. The possible future EU crimes are racial discrimination and incitement
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....

 to racial hatred; trafficking in human organs and tissue; and corruption in awarding public contracts. It will also set out the level of penalty, such as length of prison sentence, that would apply to each crime.

History

The first steps in security and justice cooperation began in 1975 when the TREVI
TREVI
TREVI was an intergovernmental network - or forum - of national officials from ministries of justice and the interior in the European Community created during the European Council Summit in Rome, 1–2 December 1975...

 group was created, composed of member states' justice and home affairs ministers. The first real cooperation was the signing of the Schengen Implementing Convention
Schengen Agreement
The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...

 in 1990 which opened up the EU's internal borders. The parallel the Dublin Regulation furthered police cooperation.

Cooperation on interior policies such as immigration and police cooperation was formally introduced in the Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...

 which established Justice and Home Affairs (JHA) as one of the EU's 'three pillars'
Three pillars of the European Union
Between 1993 and 2009, the European Union legally consisted of three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 with the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal...

. Justice and Home Affairs was far more intergovernmental
Intergovernmentalism
-A theory of regional integration:The theory is not applied on European integration which rejects the idea of neofunctionalism. The theory, initially proposed by Stanley Hoffmann suggests that national governments control the level and speed of European integration. Any increase in power at...

 than the larger European Community pillar, so its decisions were taken by unanimity, slowing progress. Yet under this, the EU created the European Monitoring Centre for Drugs and Drug Addiction. (EMCDDA) in 1993 and Europol
Europol
Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....

 in 1995. 1995 also saw the first European directive on the protection of personal data. In 1997 the EU adopted an action plan against organised crime and established the European Monitoring Centre on Racism and Xenophobia (EUMC). In 1998 the European Judicial Network in criminal matters (EJN) was established.

The idea of an area of freedom, security and justice was introduced in May 1999 Treaty of Amsterdam which stated that the EU must "maintain and develop the Union as an area of freedom, security and justice, in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime" (Amsterdam 1:5). The first work programme putting this into effect was agreed at Tampere
Tampere
Tampere is a city in southern Finland. It is the most populous inland city in any of the Nordic countries. The city has a population of , growing to approximately 300,000 people in the conurbation and over 340,000 in the metropolitan area. Tampere is the third most-populous municipality in...

, Finland in October 1999 and it was achieved in 2004. Subsequently the Hague programme, agreed in November 2004 set further objectives to be achieved between 2005 and 2010.

The Treaty of Amsterdam also transferred the areas of asylum, immigration and judicial cooperation in civil matters from JHA to the European Community pillar. The remainder of the JHA pillar was renamed Police and Judicial Co-operation in Criminal Matters
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...

 (PJCC). Since then good progress has been recorded in the European Community areas of integration, with slower progress in the PJCC pillar.

During this time further advancements were made. The European Anti-fraud Office was established in 1999 and in 2000 the European Police College
European Police College
CEPOL - European Police College was established as an agency of the European Union in 2005 . CEPOL brings together senior police officers across Europe with the aim to encourage cross-border cooperation in the fight against crime, maintenance of public security and law and order...

 was created along with numerous conventions and agreements. The Treaty of Nice
Treaty of Nice
The Treaty of Nice was signed by European leaders on 26 February 2001 and came into force on 1 February 2003. It amended the Maastricht Treaty and the Treaty of Rome...

 enshrined Eurojust in the EU treaties and in 2001-2 Eurojust
Eurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....

, Eurodac
Eurodac
EURODAC, which stands for European Dactyloscopy, is the European fingerprint database for identifying asylum seekers and irregular border-crossers. Asylum applicants and irregular border-crossers over the age of 14 have their fingerprints taken as a matter of European Community law...

, the European Judicial Network in Civil and Commercial Matters (EJNCC) and European Crime Prevention Network (EUCPN) were established. In 2004 the EU appointed an anti-terrorism coordinator in response to the 2004 Madrid train bombings and the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...

 (agreed in 2002) entered into force.
The 2009 Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....

 abolished the pillar structure, merging the two areas and regrouping all JHA matters together once more under the area of freedom, security and justice. The European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

 and Court of Justice
Court of Justice of the European Union
The Court of Justice of the European Union is the institution of the European Union which encompasses the whole judiciary. Seated in Luxembourg, it has three sub-courts; the European Court of Justice, the General Court and the Civil Service Tribunal.The institution was originally established in...

 gained a say over the whole area while the Council
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...

 changed to majority voting for the remaining PJCC matters, speeding up decision making. The Charter of Fundamental Rights
Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union citizens and residents, into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of...

 also gained legal force and Europol was brought within the EU's legal framework. As the Treaty of Lisbon came into force, the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...

 adopted the Stockholm Programme
Stockholm Programme
The Stockholm Programme is a five-year plan with guidelines for justice and home affairs of the member states of the European Union for the years 2010 through 2015.- Contents :...

 to provide EU action on developing the area over the following five years.

Justice

There has been criticism that the EU's activities have been too focused on security and not on justice. For example, the EU created the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...

 but no common rights for defendants arrested under it. With the strengthened powers under Lisbon, the second Barroso Commission
Barroso Commission
The Barroso Commission is the European Commission that has been in office since 22 November 2004 and is due to serve until 2014. Its president is José Manuel Barroso, who presides over 26 other commissioners...

 created a dedicated commissioner for justice (previously combined with security under one portfolio) who is obliging member states to provide reports on their implementation of the Charter of Fundamental Rights. Furthermore the Commission is putting forward proposals for common rights for defendants (such as interpretation), minimum standards for prison conditions and ensure that victims of crime are taken care of properly wherever they are in the EU. This is intended to create a common judicial area where each system can be sure of trusting each other.

Opt-outs

Denmark, Ireland and the United Kingdom all have various opt-out
Opt-outs in the European Union
In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas...

 from some articles of police and judicial cooperation that were implemented into the Law of the European Union by the Amsterdam Treaty. This initially restricted their involvement in these areas, however all three are considered as police and judicial cooperation member-states within the parameters of the Schengen Area
Schengen Area
The Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...

 on police and judicial cooperation. The latter being fully implemented by Denmark from 25 March 2001. The United Kingdom too, later opted to partake in the provisions related to police and judicial cooperation the same year, 2001, their request to partake being later fully implemented and ratified by Decision of the Council of sovereign states with effect from 1 January 2005.

The Republic of Ireland, however, while having given state undertakings in international agreements with the other EU member-states, signed on 28 February 2002, has never implemented any of those articles making that sovereign member-state of the EU the only state of the pre-2004 accession-states to not have implemented in law any of the articles on Police and Judicial Co-operation in the European Union, making any actions thereunder since 2002 potentially invalid upon appeal at the European Court of Justice.

See also

  • Citizenship of the European Union
    Citizenship of the European Union
    Citizenship of the European Union was introduced by the Maastricht Treaty . European citizenship is supplementary to national citizenship and affords rights such as the right to vote in European elections, the right to free movement and the right to consular protection from other EU states'...

  • Directorate-General for Justice, Freedom and Security (European Commission)
    Directorate-General for Justice, Freedom and Security (European Commission)
    The Directorate-General for Justice ' is a Directorate-General of the European Commission. The role of the "DG Justice" is to ensure that the whole European Union is an area of freedom, security and justice...

  • Eurojust
    Eurojust
    Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....

  • European Commissioner for Home Affairs
  • European Commissioner for Justice, Fundamental Rights and Citizenship
  • European Police College
    European Police College
    CEPOL - European Police College was established as an agency of the European Union in 2005 . CEPOL brings together senior police officers across Europe with the aim to encourage cross-border cooperation in the fight against crime, maintenance of public security and law and order...

  • European Public Prosecutor
    European Public Prosecutor
    The European Public Prosecutor is a proposed post in the European Union that can be established under the Treaties as amended by the Treaty of Lisbon.-Treaty:...

  • European Survey on Crime and Safety (EU ICS)
  • European Union law
    European Union law
    European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...

  • Europol
    Europol
    Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....

  • Former European Commissioner for Justice, Freedom and Security
  • Four Freedoms (European Union)
    Four Freedoms (European Union)
    The European Union's Internal Market seeks to guarantee the free movement of goods, capital, services, and people – the EU's four freedoms – within the EU's 27 member states.The Internal Market is intended to be conducive to increased competition, increased specialisation, larger...

  • Schengen Agreement
    Schengen Agreement
    The Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...

  • United Nations Interregional Crime and Justice Research Institute
    United Nations Interregional Crime and Justice Research Institute
    The United Nations Interregional Crime and Justice Research Institute is one of the five United Nations Research and Training Institutes. The Institute was founded in 1968 to assist the international community in formulating and implementing improved policies in the field of crime prevention and...

  • Mechanism for Cooperation and Verification
    Mechanism for Cooperation and Verification
    The Mechanism for Cooperation and Verification is safeguard measure invoked by the European Commission in case some new member or acceding state of the European Union has failed to implement commitments undertaken in the context of the accession negotiations in the fields of the Area of freedom,...

  • European Investigation Order
    European Investigation Order
    In April 2010, a group of seven Member States has put forward a proposal for a Directive of the European Parliament and the Council regarding the European Investigation Order in criminal matters , which would replace the existing legal framework applicable to the gathering and transfer of evidence...


External links

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