Justice and home affairs (JHA) was an area where the Lisbon Treaty brought about significant changes, introducing the ordinary legislative procedure into judicial cooperation in criminal matters and police cooperation. (See December 2009 summary by the General Secretariat of the Council of the European Union.)
In addition, the European Union’s emerging area of freedom, security and justice (FSJ) has a direct bearing on EU citizens.
During 2010─2014 we are going to see a lot of legislative activity, outlined in the Stockholm Programme.
We now have a new and final reference to the Stockholm Programme, published in the Official Journal of the European Union in the official languages:
The Stockholm Programme — An open and secure Europe serving and protecting citizens; OJEU 4.5.2010 C 115/1.
The official publication of a final and agreed text should free us from one minor annoyance, when recently the European Commission referred to the Swedish Council presidency pages or to document 17024/09, whereas the JHA Council used a new reference, document 5731/10, without explanation.
Next step
The JHA Council plans to adopt the proposed Stockholm Programme Action plan in June 2010, before the end of the Spanish presidency of the Council of the European Union.
The Communication (proposal) by the European Commission under discussion:
Delivering an area of freedom, security and justice for Europe's citizens
Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
If you have information about publications assessing the EU’s justice and home affairs (JHA) from a pan-European or national perspective, especially the Stockholm Programme or the proposal for the implementing Action Plan, please feel free to share them with the readers of Grahnlaw, by posting a comment or by sending me an e-mail.
Ralf Grahn
Showing posts with label Stockholm Progamme. Show all posts
Showing posts with label Stockholm Progamme. Show all posts
Tuesday, 4 May 2010
Friday, 30 April 2010
European arrest warrant: EU & UK
In the report Justice issues in Europe, the UK House of Commons Justice Committee discusses matters relevant to the development of the European Union’s area of freedom, security and justice (FSJ).
This timely report is interesting both generally and from a British point of view.
In this blog post we look at the European arrest warrant.
Stockholm Programme
In the European Union’s 2010─2014 Stockholm Programme – An open and secure Europe serving and protecting citizens, the European Council invited the European Commission to (document 5731/10; page 40):
Stockholm Programme Action Plan
Since then, the proposed Action Plan for the implementation of the Stockholm Programme has been published in 21 official EU languages:
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
(The Justice and Home Affairs (JHA) Council has issued its first conclusions on the Action Programme (document 8920/10).)
In the Action Plan, under the headline Furthering the implementation of mutual recognition (in the area of criminal law), the Commission has promised to report on the implementation of the Framework Decision 2002/584/JHA on the European Arrest Warrant in 2010 and to contribute with “appropriate follow-up” in 2014.
European arrest warrant
For an overview of the European Arrest Warrant, you can consult the relevant summary of EU legislation on Europa (latest update 8 January 2010).
You can also read the Wikipedia encyclopedia entry European Arrest Warrant, including critical viewpoints (last update 29 April 2010).
Here is the consolidated version (28 March 2009) of:
COUNCIL FRAMEWORK DECISION 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
The provisions defining the European arrest warrant and setting out its scope:
House of Commons Justice Committee
One of the relatively rare assessments of Justice and Home Affairs (JHA) in the European Union published after the Stockholm Programme and before the adoption of the implementing Action Plan is:
UK House of Commons Justice Committee: Justice issues in Europe (HC 162-I; published 6 April 2010; 60 pages)
On page 19 the Committee noted that according to the Ministry of Justice, the European arrest warrant had:
Some problematic questions have surfaced as shown by the cases mentioned in Box 2 (pages 21 and 22).
After a discussion of difficulties with regard to individuals’ rights, the possible need for a proportionality test and potential means to remedy application problems, the Justice Committee concluded (on pages 24 to 25; point 50):
The Committee then went on to discuss the threshold of inoperability regarding amending or accompanying EU measures, when the United Kingdom does not opt in. Regarding future developments under the Lisbon Treaty, matters were left suspended in thinnish air (page 26; point 54):
Ralf Grahn
P.S. If you have information about general or national publications assessing the EU’s justice and home affairs (JHA), the Stockholm Programme or the proposal for the implementing Action Plan, please feel free to share it with the readers of Grahnlaw, by posting a comment or by sending me an e-mail.
This timely report is interesting both generally and from a British point of view.
In this blog post we look at the European arrest warrant.
Stockholm Programme
In the European Union’s 2010─2014 Stockholm Programme – An open and secure Europe serving and protecting citizens, the European Council invited the European Commission to (document 5731/10; page 40):
… explore the results of the evaluation of the European Arrest Warrant, and, where appropriate, make proposals to increase efficiency and legal protection for individuals in the process of surrender, by adopting a step-by-step approach to other instruments on mutual recognition; ...
Stockholm Programme Action Plan
Since then, the proposed Action Plan for the implementation of the Stockholm Programme has been published in 21 official EU languages:
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
(The Justice and Home Affairs (JHA) Council has issued its first conclusions on the Action Programme (document 8920/10).)
In the Action Plan, under the headline Furthering the implementation of mutual recognition (in the area of criminal law), the Commission has promised to report on the implementation of the Framework Decision 2002/584/JHA on the European Arrest Warrant in 2010 and to contribute with “appropriate follow-up” in 2014.
European arrest warrant
For an overview of the European Arrest Warrant, you can consult the relevant summary of EU legislation on Europa (latest update 8 January 2010).
You can also read the Wikipedia encyclopedia entry European Arrest Warrant, including critical viewpoints (last update 29 April 2010).
Here is the consolidated version (28 March 2009) of:
COUNCIL FRAMEWORK DECISION 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
The provisions defining the European arrest warrant and setting out its scope:
CHAPTER 1
GENERAL PRINCIPLES
Article 1
Definition of the European arrest warrant and obligation to execute it
1. The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order.
2. Member States shall execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision.
3. This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.
Article 2
Scope of the European arrest warrant
1. A European arrest warrant may be issued for acts punishable by the law of the issuing Member State by a custodial sentence or a detention order for a maximum period of at least 12 months or, where a sentence has been passed or a detention order has been made, for sentences of at least four months.
2. The following offences, if they are punishable in the issuing Member State by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined by the law of the issuing Member State, shall, under the terms of this Framework Decision and without verification of the double criminality of the act, give rise to surrender pursuant to a European arrest warrant:
— participation in a criminal organisation,
— terrorism,
— trafficking in human beings,
— sexual exploitation of children and child pornography,
— illicit trafficking in narcotic drugs and psychotropic substances,
— illicit trafficking in weapons, munitions and explosives,
— corruption,
— fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests,
— laundering of the proceeds of crime,
— counterfeiting currency, including of the euro,
— computer-related crime,
— environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties,
— facilitation of unauthorised entry and residence,
— murder, grievous bodily injury,
— illicit trade in human organs and tissue,
— kidnapping, illegal restraint and hostage-taking,
— racism and xenophobia,
— organised or armed robbery,
— illicit trafficking in cultural goods, including antiques and works of art,
— swindling,
— racketeering and extortion,
— counterfeiting and piracy of products,
— forgery of administrative documents and trafficking therein,
— forgery of means of payment,
— illicit trafficking in hormonal substances and other growth promoters,
— illicit trafficking in nuclear or radioactive materials,
— trafficking in stolen vehicles,
— rape,
— arson,
— crimes within the jurisdiction of the International Criminal Court,
— unlawful seizure of aircraft/ships,
— sabotage.
3. The Council may decide at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39(1) of the Treaty on European Union (TEU), to add other categories of offence to the list contained in paragraph 2. The Council shall examine, in the light of the report submitted by the Commission pursuant to Article 34(3), whether the list should be extended or amended.
4. For offences other than those covered by paragraph 2, surrender may be subject to the condition that the acts for which the European arrest warrant has been issued constitute an offence under the law of the executing Member State, whatever the constituent elements or however it is described.
House of Commons Justice Committee
One of the relatively rare assessments of Justice and Home Affairs (JHA) in the European Union published after the Stockholm Programme and before the adoption of the implementing Action Plan is:
UK House of Commons Justice Committee: Justice issues in Europe (HC 162-I; published 6 April 2010; 60 pages)
On page 19 the Committee noted that according to the Ministry of Justice, the European arrest warrant had:
• transformed extradition arrangements between EU member states
• played an important role in the UK’s fight against international and trans-national criminality
• prevented countries from refusing to surrender fugitives
• reduced the time taken to surrender fugitives from an average of 18 months under previous extradition arrangements to around 50 days, and
• enabled the UK to extradite over 1000 fugitives to other EU member states (since introduction) and, in 2008, nearly 100 wanted persons were surrendered back to the UK to face criminal proceedings.
Some problematic questions have surfaced as shown by the cases mentioned in Box 2 (pages 21 and 22).
After a discussion of difficulties with regard to individuals’ rights, the possible need for a proportionality test and potential means to remedy application problems, the Justice Committee concluded (on pages 24 to 25; point 50):
50. It is unfortunate that the successful use of the European arrest warrant, and the reduced time taken to process intra-EU extraditions, has been overshadowed by perceived injustices in individual cases. We welcome the conclusions of the evaluation of the warrant, adopted by the Council in June 2009, and the subsequent progress that has been made. However, we believe that the time it takes to review and reform such instruments undermines the mutual trust approach. Legislation should be used only as a last resort to resolving the issues over proportionality and we hope that the current approach bears fruit before the predicted growth in demand for European arrest warrants takes place.
The Committee then went on to discuss the threshold of inoperability regarding amending or accompanying EU measures, when the United Kingdom does not opt in. Regarding future developments under the Lisbon Treaty, matters were left suspended in thinnish air (page 26; point 54):
54. We are encouraged that neither the Minister, nor any of our witnesses, were able to provide a convincing example of a situation in which an existing measure would be rendered inoperable as a result of the UK’s decision not to participate. Nevertheless, we are concerned that the term “inoperable” is not defined in the protocol and that guidance is not available on its interpretation.
Ralf Grahn
P.S. If you have information about general or national publications assessing the EU’s justice and home affairs (JHA), the Stockholm Programme or the proposal for the implementing Action Plan, please feel free to share it with the readers of Grahnlaw, by posting a comment or by sending me an e-mail.
Thursday, 29 April 2010
Stockholm Programme Action Plan now in 21 EU languages
Earlier we have noted the publication in three languages ─ English, French and German ─ of the proposed Action Plan implementing the European Union’s Stockholm Programme in justice and home affairs (JHA):
EN - English
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
FR - French
Mettre en place un espace de liberté, de sécurité et de justice au service des citoyens européens - Plan d'action mettant en oeuvre le programme de Stockholm ; Bruxelles, le 20.4.2010 ; COM(2010) 171 final
DE - German
Ein Raum der Freiheit, der Sicherheit und des Rechts für die Bürger Europas - Aktionsplan zur Umsetzung des Stockholmer Programms; Brüssel, den 20.4.2010; KOM(2010) 171 endgültig
18 new language versions
Now 18 more language versions of the important Communication COM(2010) 171 have been added, bringing the total number to 21. Among the 23 official EU languages, only Estonian (ET – eesti keel) and Irish (GA – Gaeilge) re not represented.
In order to illustrate the linguistic diversity of the European Union and to recapitulate the language symbols, we present the published language versions separately. At the same time, this experiment shows us if the language versions with diacritic marks or based on non-latin alphabets appear correctly in this blog post on Blogger:
BG – Bulgarian
Брюксел, 20.4.2010
COM(2010) 171 окончателен
СЪОБЩЕНИЕ НА КОМИСИЯТА ДО ЕВРОПЕЙСКИЯ ПАРЛАМЕНТ, СЪВЕТА, ЕВРОПЕЙСКИЯ ИКОНОМИЧЕСКИ И СОЦИАЛЕН КОМИТЕТ И КОМИТЕТА НА РЕГИОНИТЕ
Установяване на пространство на свобода, сигурност и правосъдие за гражданите на Европа
План за действие за изпълнение на Програмата от Стокхолм
ES – Spanish
Bruselas, 20.4.2010
COM(2010) 171 final
COMUNICACIÓN DE LA COMISIÓN AL PARLAMENTO EUROPEO, AL CONSEJO, AL COMITÉ ECONÓMICO Y SOCIAL EUROPEO Y AL COMITÉ DE LAS REGIONES
Garantizar el espacio de libertad, seguridad y justicia para los ciudadanos europeos
Plan de acción por el que se aplica el programa de Estocolmo
CS – Czech
V Bruselu dne 20.4.2010
KOM(2010) 171 v konečném znění
SDĚLENÍ KOMISE EVROPSKÉMU PARLAMENTU, RADĚ, EVROPSKÉMU HOSPODÁŘSKÉMU A SOCIÁLNÍMU VÝBORU A VÝBORU REGIONŮ
Poskytování prostoru svobody, bezpečnosti a práva evropským občanům
Akční plán provádění Stockholmského programu
DA – Danish
Bruxelles, den 20.4.2010
KOM(2010) 171 endelig
MEDDELELSE FRA KOMMISSIONEN TIL EUROPA-PARLAMENTET, RÅDET, DET ØKONOMISKE OG SOCIALE UDVALG OG REGIONSUDVALGET
Et område med frihed, sikkerhed og retfærdighed for EU’s borgere
Handlingsplan om gennemførelse af Stockholmprogrammet
EL – Greek
Βρυξέλλες, 20.4.2010
COM(2010) 171 τελικό
ΑΝΑΚΟΙΝΩΣΗ ΤΗΣ ΕΠΙΤΡΟΠΗΣ ΣΤΟ ΕΥΡΩΠΑΪΚΟ ΚΟΙΝΟΒΟΥΛΙΟ, ΤΟ ΣΥΜΒΟΥΛΙΟ, ΤΗΝ ΕΥΡΩΠΑΪΚΗ ΟΙΚΟΝΟΜΙΚΗ ΚΑΙ ΚΟΙΝΩΝΙΚΗ ΕΠΙΤΡΟΠΗ ΚΑΙ ΤΗΝ ΕΠΙΤΡΟΠΗ ΤΩΝ ΠΕΡΙΦΕΡΕΙΩΝ
Για ένα χώρο ελευθερίας, ασφάλειας και δικαιοσύνης στην υπηρεσία των πολιτών της Ευρώπης
Σχέδιο δράσης για την εφαρμογή του προγράμματος της Στοκχόλμης
IT – Italian
Bruxelles, 20.4.2010
COM(2010) 171 definitivo
COMUNICAZIONE DELLA COMMISSIONE AL PARLAMENTO EUROPEO, AL CONSIGLIO, AL COMITATO ECONOMICO E SOCIALE EUROPEO E AL COMITATO DELLE REGIONI
Creare uno spazio di libertà, sicurezza e giustizia per i cittadini europei
Piano d'azione per l'attuazione del programma di Stoccolma
LV – Latvian
Briselē, 20.4.2010
COM(2010) 171 galīgā redakcija
KOMISIJAS PAZIŅOJUMS EIROPAS PARLAMENTAM, PADOMEI, EIROPAS EKONOMIKAS UN SOCIĀLO LIETU KOMITEJAI UN REĢIONU KOMITEJAI
Brīvības, drošības un tiesiskuma telpas nodrošināšana Eiropas pilsoņiem
Stokholmas programmas īstenošanas rīcības plāns
LT – Lithuanian
Briuselis, 2010.4.20
KOM(2010) 171 galutinis
KOMISIJOS KOMUNIKATAS EUROPOS PARLAMENTUI, TARYBAI, EUROPOS EKONOMIKOS IR SOCIALINIŲ REIKALŲ KOMITETUI IR REGIONŲ KOMITETUI
Sukurti laisvės, saugumo ir teisingumo erdvę Europos piliečiams
Stokholmo programos įgyvendinimo veiksmų planas
HU – Hungarian
Brüsszel, 2010.4.20.
COM(2010) 171 végleges
A BIZOTTSÁG KÖZLEMÉNYE AZ EURÓPAI PARLAMENTNEK, A TANÁCSNAK, AZ EURÓPAI GAZDASÁGI ÉS SZOCIÁLIS BIZOTTSÁGNAK ÉS A RÉGIÓK BIZOTTSÁGÁNAK
A szabadság, a biztonság és a jog érvényesülésén alapuló térség megvalósítása a polgárok szolgálatában
A stockholmi program végrehajtásáról szóló cselekvési terv
MT – Maltese
Brussel 20.4.2010
KUMM(2010) 171 finali
KOMUNIKAZZJONI MILL-KUMMISSJONI LILL-PARLAMENT EWROPEW, ILKUNSILL, IL-KUMITAT EKONOMIKU U SOĊJALI EWROPEW U L-KUMITAT TAR-REĠJUNI
Il-kisba ta' żona ta' libertà, sigurtà u ġustizzja għaċ-ċittadini tal-Ewropa
Pjan ta' Azzjoni li Jimplimenta l-Programm ta' Stokkolma
NL – Dutch
Brussel, 20.4.2010
COM(2010) 171 definitief
MEDEDELING VAN DE COMMISSIE AAN HET EUROPEES PARLEMENT, DE RAAD, HET EUROPEES ECONOMISCH EN SOCIAAL COMITÉ EN HET COMITÉ VAN DE REGIO'S
Een ruimte van vrijheid, veiligheid en recht voor de burgers van Europa
Actieplan ter uitvoering van het programma van Stockholm
PL – Polish
Bruksela, dnia 20.4.2010
KOM(2010) 171 wersja ostateczna
KOMUNIKAT KOMISJI DO PARLAMENTU EUROPEJSKIEGO, RADY, EUROPEJSKIEGO KOMITETU EKONOMICZNO-SPOŁECZNEGO I KOMITETU REGIONÓW
Przestrzeń wolności, bezpieczeństwa i sprawiedliwości dla europejskich obywateli
Plan działań służący realizacji programu sztokholmskiego
PT – Portuguese
Bruxelas, 20.4.2010
COM(2010) 171 final
COMUNICAÇÃO DA COMISSÃO AO PARLAMENTO EUROPEU, AO CONSELHO, AO COMITÉ ECONÓMICO E SOCIAL EUROPEU E AO COMITÉ DAS REGIÕES
Realização de um espaço de liberdade, de segurança e de justiça para os cidadãos europeus
Plano de Acção de aplicação do Programa de Estocolmo
RO – Romanian
Bruxelles, 20.4.2010
COM(2010) 171 final
COMUNICARE A COMISIEI CĂTRE PARLAMENTUL EUROPEAN, CONSILIU, COMITETUL ECONOMIC ȘI SOCIAL EUROPEAN ȘI COMITETUL REGIUNILOR
Crearea unui spațiu de libertate, securitate și justiție pentru cetățenii Europei
Plan de acțiune pentru punerea în aplicare a Programului de la Stockholm
SK – Slovak
Brusel, 20.4.2010
KOM(2010) 171 v konečnom znení
OZNÁMENIE KOMISIE EURÓPSKEMU PARLAMENTU, RADE, EURÓPSKEMU HOSPODÁRSKEMU A SOCIÁLNEMU VÝBORU A VÝBORU REGIÓNOV
Vytvorenie priestoru slobody, bezpečnosti a spravodlivosti pre európskych občanov
Akčný plán na implementáciu Štokholmského programu
SL – Slovenian
Bruselj, 20.4.2010
COM(2010) 171 konč.
SPOROČILO KOMISIJE EVROPSKEMU PARLAMENTU, SVETU, EVROPSKEMU EKONOMSKO-SOCIALNEMU ODBORU IN ODBORU REGIJ
Zagotavljanje območja svobode, varnosti in pravice za državljane Evrope
Akcijski načrt izvajanja stockholmskega programa
FI – Finnish
Bryssel 20.4.2010
KOM(2010) 171 lopullinen
KOMISSION TIEDONANTO EUROOPAN PARLAMENTILLE, NEUVOSTOLLE, EUROOPAN TALOUS- JA SOSIAALIKOMITEALLE JA ALUEIDEN KOMITEALLE
Vapauden, turvallisuuden ja oikeuden alueen toteuttaminen EU:n kansalaisten hyväksi
Toimintasuunnitelma Tukholman ohjelman toteuttamiseksi
SV – Swedish
Bryssel den 20.4.2010
KOM(2010) 171 slutlig
MEDDELANDE FRÅN KOMMISSIONEN TILL EUROPAPARLAMENTET, RÅDET, EUROPEISKA EKONOMISKA OCH SOCIALA KOMMITTÉN OCH REGIONKOMMITTÉN
Att förverkliga ett område med frihet, säkerhet och rättvisa för EU-medborgarna
Handlingsplan för att genomföra Stockholmsprogrammet
If you have information about general or national publications assessing the EU’s Stockholm Programme and the proposal for the implementing Action Plan, please feel free to share it with the readers of Grahnlaw, by posting a comment or by sending me an e-mail.
Ralf Grahn
EN - English
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
FR - French
Mettre en place un espace de liberté, de sécurité et de justice au service des citoyens européens - Plan d'action mettant en oeuvre le programme de Stockholm ; Bruxelles, le 20.4.2010 ; COM(2010) 171 final
DE - German
Ein Raum der Freiheit, der Sicherheit und des Rechts für die Bürger Europas - Aktionsplan zur Umsetzung des Stockholmer Programms; Brüssel, den 20.4.2010; KOM(2010) 171 endgültig
18 new language versions
Now 18 more language versions of the important Communication COM(2010) 171 have been added, bringing the total number to 21. Among the 23 official EU languages, only Estonian (ET – eesti keel) and Irish (GA – Gaeilge) re not represented.
In order to illustrate the linguistic diversity of the European Union and to recapitulate the language symbols, we present the published language versions separately. At the same time, this experiment shows us if the language versions with diacritic marks or based on non-latin alphabets appear correctly in this blog post on Blogger:
BG – Bulgarian
Брюксел, 20.4.2010
COM(2010) 171 окончателен
СЪОБЩЕНИЕ НА КОМИСИЯТА ДО ЕВРОПЕЙСКИЯ ПАРЛАМЕНТ, СЪВЕТА, ЕВРОПЕЙСКИЯ ИКОНОМИЧЕСКИ И СОЦИАЛЕН КОМИТЕТ И КОМИТЕТА НА РЕГИОНИТЕ
Установяване на пространство на свобода, сигурност и правосъдие за гражданите на Европа
План за действие за изпълнение на Програмата от Стокхолм
ES – Spanish
Bruselas, 20.4.2010
COM(2010) 171 final
COMUNICACIÓN DE LA COMISIÓN AL PARLAMENTO EUROPEO, AL CONSEJO, AL COMITÉ ECONÓMICO Y SOCIAL EUROPEO Y AL COMITÉ DE LAS REGIONES
Garantizar el espacio de libertad, seguridad y justicia para los ciudadanos europeos
Plan de acción por el que se aplica el programa de Estocolmo
CS – Czech
V Bruselu dne 20.4.2010
KOM(2010) 171 v konečném znění
SDĚLENÍ KOMISE EVROPSKÉMU PARLAMENTU, RADĚ, EVROPSKÉMU HOSPODÁŘSKÉMU A SOCIÁLNÍMU VÝBORU A VÝBORU REGIONŮ
Poskytování prostoru svobody, bezpečnosti a práva evropským občanům
Akční plán provádění Stockholmského programu
DA – Danish
Bruxelles, den 20.4.2010
KOM(2010) 171 endelig
MEDDELELSE FRA KOMMISSIONEN TIL EUROPA-PARLAMENTET, RÅDET, DET ØKONOMISKE OG SOCIALE UDVALG OG REGIONSUDVALGET
Et område med frihed, sikkerhed og retfærdighed for EU’s borgere
Handlingsplan om gennemførelse af Stockholmprogrammet
EL – Greek
Βρυξέλλες, 20.4.2010
COM(2010) 171 τελικό
ΑΝΑΚΟΙΝΩΣΗ ΤΗΣ ΕΠΙΤΡΟΠΗΣ ΣΤΟ ΕΥΡΩΠΑΪΚΟ ΚΟΙΝΟΒΟΥΛΙΟ, ΤΟ ΣΥΜΒΟΥΛΙΟ, ΤΗΝ ΕΥΡΩΠΑΪΚΗ ΟΙΚΟΝΟΜΙΚΗ ΚΑΙ ΚΟΙΝΩΝΙΚΗ ΕΠΙΤΡΟΠΗ ΚΑΙ ΤΗΝ ΕΠΙΤΡΟΠΗ ΤΩΝ ΠΕΡΙΦΕΡΕΙΩΝ
Για ένα χώρο ελευθερίας, ασφάλειας και δικαιοσύνης στην υπηρεσία των πολιτών της Ευρώπης
Σχέδιο δράσης για την εφαρμογή του προγράμματος της Στοκχόλμης
IT – Italian
Bruxelles, 20.4.2010
COM(2010) 171 definitivo
COMUNICAZIONE DELLA COMMISSIONE AL PARLAMENTO EUROPEO, AL CONSIGLIO, AL COMITATO ECONOMICO E SOCIALE EUROPEO E AL COMITATO DELLE REGIONI
Creare uno spazio di libertà, sicurezza e giustizia per i cittadini europei
Piano d'azione per l'attuazione del programma di Stoccolma
LV – Latvian
Briselē, 20.4.2010
COM(2010) 171 galīgā redakcija
KOMISIJAS PAZIŅOJUMS EIROPAS PARLAMENTAM, PADOMEI, EIROPAS EKONOMIKAS UN SOCIĀLO LIETU KOMITEJAI UN REĢIONU KOMITEJAI
Brīvības, drošības un tiesiskuma telpas nodrošināšana Eiropas pilsoņiem
Stokholmas programmas īstenošanas rīcības plāns
LT – Lithuanian
Briuselis, 2010.4.20
KOM(2010) 171 galutinis
KOMISIJOS KOMUNIKATAS EUROPOS PARLAMENTUI, TARYBAI, EUROPOS EKONOMIKOS IR SOCIALINIŲ REIKALŲ KOMITETUI IR REGIONŲ KOMITETUI
Sukurti laisvės, saugumo ir teisingumo erdvę Europos piliečiams
Stokholmo programos įgyvendinimo veiksmų planas
HU – Hungarian
Brüsszel, 2010.4.20.
COM(2010) 171 végleges
A BIZOTTSÁG KÖZLEMÉNYE AZ EURÓPAI PARLAMENTNEK, A TANÁCSNAK, AZ EURÓPAI GAZDASÁGI ÉS SZOCIÁLIS BIZOTTSÁGNAK ÉS A RÉGIÓK BIZOTTSÁGÁNAK
A szabadság, a biztonság és a jog érvényesülésén alapuló térség megvalósítása a polgárok szolgálatában
A stockholmi program végrehajtásáról szóló cselekvési terv
MT – Maltese
Brussel 20.4.2010
KUMM(2010) 171 finali
KOMUNIKAZZJONI MILL-KUMMISSJONI LILL-PARLAMENT EWROPEW, ILKUNSILL, IL-KUMITAT EKONOMIKU U SOĊJALI EWROPEW U L-KUMITAT TAR-REĠJUNI
Il-kisba ta' żona ta' libertà, sigurtà u ġustizzja għaċ-ċittadini tal-Ewropa
Pjan ta' Azzjoni li Jimplimenta l-Programm ta' Stokkolma
NL – Dutch
Brussel, 20.4.2010
COM(2010) 171 definitief
MEDEDELING VAN DE COMMISSIE AAN HET EUROPEES PARLEMENT, DE RAAD, HET EUROPEES ECONOMISCH EN SOCIAAL COMITÉ EN HET COMITÉ VAN DE REGIO'S
Een ruimte van vrijheid, veiligheid en recht voor de burgers van Europa
Actieplan ter uitvoering van het programma van Stockholm
PL – Polish
Bruksela, dnia 20.4.2010
KOM(2010) 171 wersja ostateczna
KOMUNIKAT KOMISJI DO PARLAMENTU EUROPEJSKIEGO, RADY, EUROPEJSKIEGO KOMITETU EKONOMICZNO-SPOŁECZNEGO I KOMITETU REGIONÓW
Przestrzeń wolności, bezpieczeństwa i sprawiedliwości dla europejskich obywateli
Plan działań służący realizacji programu sztokholmskiego
PT – Portuguese
Bruxelas, 20.4.2010
COM(2010) 171 final
COMUNICAÇÃO DA COMISSÃO AO PARLAMENTO EUROPEU, AO CONSELHO, AO COMITÉ ECONÓMICO E SOCIAL EUROPEU E AO COMITÉ DAS REGIÕES
Realização de um espaço de liberdade, de segurança e de justiça para os cidadãos europeus
Plano de Acção de aplicação do Programa de Estocolmo
RO – Romanian
Bruxelles, 20.4.2010
COM(2010) 171 final
COMUNICARE A COMISIEI CĂTRE PARLAMENTUL EUROPEAN, CONSILIU, COMITETUL ECONOMIC ȘI SOCIAL EUROPEAN ȘI COMITETUL REGIUNILOR
Crearea unui spațiu de libertate, securitate și justiție pentru cetățenii Europei
Plan de acțiune pentru punerea în aplicare a Programului de la Stockholm
SK – Slovak
Brusel, 20.4.2010
KOM(2010) 171 v konečnom znení
OZNÁMENIE KOMISIE EURÓPSKEMU PARLAMENTU, RADE, EURÓPSKEMU HOSPODÁRSKEMU A SOCIÁLNEMU VÝBORU A VÝBORU REGIÓNOV
Vytvorenie priestoru slobody, bezpečnosti a spravodlivosti pre európskych občanov
Akčný plán na implementáciu Štokholmského programu
SL – Slovenian
Bruselj, 20.4.2010
COM(2010) 171 konč.
SPOROČILO KOMISIJE EVROPSKEMU PARLAMENTU, SVETU, EVROPSKEMU EKONOMSKO-SOCIALNEMU ODBORU IN ODBORU REGIJ
Zagotavljanje območja svobode, varnosti in pravice za državljane Evrope
Akcijski načrt izvajanja stockholmskega programa
FI – Finnish
Bryssel 20.4.2010
KOM(2010) 171 lopullinen
KOMISSION TIEDONANTO EUROOPAN PARLAMENTILLE, NEUVOSTOLLE, EUROOPAN TALOUS- JA SOSIAALIKOMITEALLE JA ALUEIDEN KOMITEALLE
Vapauden, turvallisuuden ja oikeuden alueen toteuttaminen EU:n kansalaisten hyväksi
Toimintasuunnitelma Tukholman ohjelman toteuttamiseksi
SV – Swedish
Bryssel den 20.4.2010
KOM(2010) 171 slutlig
MEDDELANDE FRÅN KOMMISSIONEN TILL EUROPAPARLAMENTET, RÅDET, EUROPEISKA EKONOMISKA OCH SOCIALA KOMMITTÉN OCH REGIONKOMMITTÉN
Att förverkliga ett område med frihet, säkerhet och rättvisa för EU-medborgarna
Handlingsplan för att genomföra Stockholmsprogrammet
If you have information about general or national publications assessing the EU’s Stockholm Programme and the proposal for the implementing Action Plan, please feel free to share it with the readers of Grahnlaw, by posting a comment or by sending me an e-mail.
Ralf Grahn
Wednesday, 28 April 2010
UK & EU: Justice issues in Europe (Introduction)
One of the relatively rare assessments of Justice and Home Affairs (JHA) in the European Union published after the Stockholm Programme and before the adoption of the implementing Action Plan is:
UK House of Commons Justice Committee: Justice issues in Europe (HC 162-I; published 6 April 2010; 60 pages)
In this blog post we summarise the Introduction.
Introduction
The Committee Report is the result of a fairly detailed (page 5):
The Report briefly recapitulates the history of the EU’s area of freedom, security and justice (FSJ): the Treaty of Amsterdam, the Tampere Programme and the Hague Programme (page 5).
The Report describes the area of freedom, security and justice as still very much a “work in progress”, before embarking on an outline on the future work to be done under the Stockholm Programme (page 6).
The Committee notes that mutual trust is fairly easy to grasp, but hard to achieve in the field of legislation and policy on justice (page 6).
Box 1 on pages 8 and 9 contains a convenient overview of justice priorities in the Stockholm Programme, under the following headlines:
With the establishment of mutual trust as a cornerstone of judicial cooperation and the fundamental rights of EU (and UK) citizens as starting points, the Committee chose the following key themes for its inquiry (page 9):
The emphasis is on criminal justice issues (page 9).
The Committee starts its treatment of the Lisbon Treaty with a short historic overview from the Treaty of Amsterdam, before a summary of the changes brought about by the Treaty of Lisbon and the UK opt-in protocol, as well as a description of the emergency brake (pages 10 to 12).
The extended jurisdiction of the Court of Justice of the European Union (CJEU) is explained on page 12. It remains unclear if Britain will opt in to the jurisdiction of the CJEU within the five year timeframe (page 17).
The Committee describes the legal entry into force of the Charter of Fundamental Rights of the European Union and mentions that the European Union aims to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (page 12 to 13).
Will the Lisbon Treaty facilitate legislation and policy-making in the field of justice? The initial response of the Committee is cautious (page 13 to 14).
Naturally, the extraordinary position of the United Kingdom has to be discussed. The Committee argues that the position of UK participation has become more flexible, but clarifications are needed with respect to amendments Britain opposes, although it has consented to the original provisions. The Committee depicts the UK’s role in EU justice and home affairs as a key one (page 14 to 16).
The Committee welcomed the Government’s pragmatic attitude (evidence-based practical measures; “look before you legislate”) and it was encouraged by seeing this perspective reflected in the Stockholm Programme (page 16).
The Committee notes that mutual recognition is at the heart of what the EU is trying to achieve in the area of freedom, security and justice under the Stockholm programme and the Lisbon Treaty. The Government of Britain is extremely cautious about approximation (harmonisation) of criminal law, but the Committee remarks that the proposals in the Stockholm Programme and the Lisbon Treaty together give rise to the potential for a significant body of new law (pages 17 and 18).
Ralf Grahn
P.S. Information about materials from different member states and in various EU languages on the Stockholm Programme and the proposed Action Plan for implementation is most welcome. Write a comment or send me an e-mail about unofficial and official publications
UK House of Commons Justice Committee: Justice issues in Europe (HC 162-I; published 6 April 2010; 60 pages)
In this blog post we summarise the Introduction.
Introduction
The Committee Report is the result of a fairly detailed (page 5):
…inquiry into justice issues in Europe with a particular focus on developments and the implications for the 2.2 million British citizens living in other member states and 2.12 million people living in the UK who were born in another member state.
The Report briefly recapitulates the history of the EU’s area of freedom, security and justice (FSJ): the Treaty of Amsterdam, the Tampere Programme and the Hague Programme (page 5).
The Report describes the area of freedom, security and justice as still very much a “work in progress”, before embarking on an outline on the future work to be done under the Stockholm Programme (page 6).
The Committee notes that mutual trust is fairly easy to grasp, but hard to achieve in the field of legislation and policy on justice (page 6).
Box 1 on pages 8 and 9 contains a convenient overview of justice priorities in the Stockholm Programme, under the following headlines:
• Promoting citizenship and fundamental rights
• A Europe of law and justice
• A Europe that protects
• Improving the quality of legislation and its implementation
With the establishment of mutual trust as a cornerstone of judicial cooperation and the fundamental rights of EU (and UK) citizens as starting points, the Committee chose the following key themes for its inquiry (page 9):
• The need to strike balances between proportionality, the rights of suspects and the accused in criminal proceedings, and the enforcement of security at EU and national level through mutual co-operation.
• The balance between basic principles of justice and fairness for victims and the rights of suspects and defendants rights and levels of awareness of those rights
• The cost-benefits of activity to create an area of freedom, security and justice
• The extent of monitoring and evaluation and the relative lack of enforcement.
The emphasis is on criminal justice issues (page 9).
The Committee starts its treatment of the Lisbon Treaty with a short historic overview from the Treaty of Amsterdam, before a summary of the changes brought about by the Treaty of Lisbon and the UK opt-in protocol, as well as a description of the emergency brake (pages 10 to 12).
The extended jurisdiction of the Court of Justice of the European Union (CJEU) is explained on page 12. It remains unclear if Britain will opt in to the jurisdiction of the CJEU within the five year timeframe (page 17).
The Committee describes the legal entry into force of the Charter of Fundamental Rights of the European Union and mentions that the European Union aims to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (page 12 to 13).
Will the Lisbon Treaty facilitate legislation and policy-making in the field of justice? The initial response of the Committee is cautious (page 13 to 14).
Naturally, the extraordinary position of the United Kingdom has to be discussed. The Committee argues that the position of UK participation has become more flexible, but clarifications are needed with respect to amendments Britain opposes, although it has consented to the original provisions. The Committee depicts the UK’s role in EU justice and home affairs as a key one (page 14 to 16).
The Committee welcomed the Government’s pragmatic attitude (evidence-based practical measures; “look before you legislate”) and it was encouraged by seeing this perspective reflected in the Stockholm Programme (page 16).
The Committee notes that mutual recognition is at the heart of what the EU is trying to achieve in the area of freedom, security and justice under the Stockholm programme and the Lisbon Treaty. The Government of Britain is extremely cautious about approximation (harmonisation) of criminal law, but the Committee remarks that the proposals in the Stockholm Programme and the Lisbon Treaty together give rise to the potential for a significant body of new law (pages 17 and 18).
Ralf Grahn
P.S. Information about materials from different member states and in various EU languages on the Stockholm Programme and the proposed Action Plan for implementation is most welcome. Write a comment or send me an e-mail about unofficial and official publications
Tuesday, 27 April 2010
UK & EU: Stockholm Programme home affairs
In an earlier Grahnlaw blog post House of Lords on EU Stockholm Programme (10 November 2009), ahead of the adoption of the Stockholm Programme, we highlighted the publication of:
UK House of Lords European Union Committee: The Stockholm Programme: home affairs (HL Paper 175; published 9 November 2009; 32 pages).
Since then, the Stockholm Programme has been adopted (document 17024/09 or 5731/10) and the proposed Action Programme COM(2010) 171 final for implementation has been published in three official EU languages. The Justice and Home Affairs (JHA) Council has issued its first conclusions on the Action Programme (8920/10).
Background note
Despite the peculiar status of the United Kingdom and these later developments, the report by the European Union Committee is worth reading as a guide to and background note on the home affairs issues within the EU’s emerging area of freedom, security and justice (FSJ).
The Introduction (page 5 to 6) offers a brief outline of the area of freedom, security and justice: the Treaty of Amsterdam (since 1999), the Tampere Programme (2000─2004), the Hague Programme (2005─2009) and the process leading towards the Stockholm Programme (2010─2014), as well as the effects of the entry into force of the Lisbon Treaty, which opens up new possibilities.
The European Union Committee rightly criticised the lack of public consultation, involvement and publicity of the Interior Future Group, which laid the foundations for the Stockholm Programme (page 6).
The House of Lords Committee noted the heavy weight of immigration and asylum matters ─ more than half of the initiatives ─ in its outline of priority issues in the Commission’s Communication (page 7).
The Commission wanted to see progress regarding other home affairs matters: data protection; the fight against organised crime, including improvement of methods for seizing the proceeds of crime; strengthening civil protection and critical infrastructure protection; the fight against terrorism, including a strategy for dealing with CBRN attacks (chemical, biological, radiological and nuclear) (page 8).
Like the UK Government, the HL European Union Committee was supportive of a five year programme, and it wanted to see early action on the proposals from the Commission (page 8).
Comment: Heavy on security, light on rights
Both the Stockholm Programme ─ An open and secure Europe serving and protecting citizens (document 5731/10) ─ and the proposed plan for implementation ─ Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010, COM(2010) 171 final ─ heavily stress citizens at headline level.
However, the HL Committee report indicates a heavy legacy of more effective repressive policy measures in the making, directed at illegal immigrants and failed asylum seekers, as well as (outside) plotters of terrorist acts.
Ever more draconian security measures tend to spill over unto EU citizens and legal migrants, and comparatively little seems to have emanated from fresh thoughts about the direct involvement and the extension of the legal ─ not to say political ─ rights of EU citizens.
Given the roots, is this the JHA agenda we need for the next five years?
Ralf Grahn
UK House of Lords European Union Committee: The Stockholm Programme: home affairs (HL Paper 175; published 9 November 2009; 32 pages).
Since then, the Stockholm Programme has been adopted (document 17024/09 or 5731/10) and the proposed Action Programme COM(2010) 171 final for implementation has been published in three official EU languages. The Justice and Home Affairs (JHA) Council has issued its first conclusions on the Action Programme (8920/10).
Background note
Despite the peculiar status of the United Kingdom and these later developments, the report by the European Union Committee is worth reading as a guide to and background note on the home affairs issues within the EU’s emerging area of freedom, security and justice (FSJ).
The Introduction (page 5 to 6) offers a brief outline of the area of freedom, security and justice: the Treaty of Amsterdam (since 1999), the Tampere Programme (2000─2004), the Hague Programme (2005─2009) and the process leading towards the Stockholm Programme (2010─2014), as well as the effects of the entry into force of the Lisbon Treaty, which opens up new possibilities.
The European Union Committee rightly criticised the lack of public consultation, involvement and publicity of the Interior Future Group, which laid the foundations for the Stockholm Programme (page 6).
The House of Lords Committee noted the heavy weight of immigration and asylum matters ─ more than half of the initiatives ─ in its outline of priority issues in the Commission’s Communication (page 7).
The Commission wanted to see progress regarding other home affairs matters: data protection; the fight against organised crime, including improvement of methods for seizing the proceeds of crime; strengthening civil protection and critical infrastructure protection; the fight against terrorism, including a strategy for dealing with CBRN attacks (chemical, biological, radiological and nuclear) (page 8).
Like the UK Government, the HL European Union Committee was supportive of a five year programme, and it wanted to see early action on the proposals from the Commission (page 8).
Comment: Heavy on security, light on rights
Both the Stockholm Programme ─ An open and secure Europe serving and protecting citizens (document 5731/10) ─ and the proposed plan for implementation ─ Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010, COM(2010) 171 final ─ heavily stress citizens at headline level.
However, the HL Committee report indicates a heavy legacy of more effective repressive policy measures in the making, directed at illegal immigrants and failed asylum seekers, as well as (outside) plotters of terrorist acts.
Ever more draconian security measures tend to spill over unto EU citizens and legal migrants, and comparatively little seems to have emanated from fresh thoughts about the direct involvement and the extension of the legal ─ not to say political ─ rights of EU citizens.
Given the roots, is this the JHA agenda we need for the next five years?
Ralf Grahn
EU: Freedoms and justice or security? Call for materials
Few EU policy areas have as direct a bearing on citizens in the European Union (and outsiders) as justice and home affairs (JHA).
Time is running short for an informed public debate about major policy choices.
Do the next five years offer us EU citizens more freedoms and justice or ever increasing controls (security)? The implementation blueprint for the first five years under the Lisbon Treaty in the European Union’s area of freedom, security and justice (FSJ) is heading for final adoption in June 2010.
In a direct sense, the Action Plan, Delivering an area of freedom, security and justice for Europe's citizens ─Action Plan Implementing the Stockholm Programme, is going to be the roadmap for future action by the European Union. Indirectly, potentially converging views at EU level may affect the thrust of justice and home affairs legislation and policies at national level.
Recap
The European Commission refers to document 17024/09 as the Stockholm Programme, whereas the Council seems to have replaced it by a new document 5731/10, without indicating the substitution or the reasons.
The Justice and Home Affairs Council has issued preliminary conclusions (8920/10) on the Commission Communication COM(2010) 171 final, the proposed Stockholm Progamme Action Plan. (See Grahnlaw: EU JHA Council Conclusions on Stockholm Programme Action Plan, 24 April 2010, as well as earlier blog posts on the Stockholm Programme.)
A week from adoption by the Commission, the Stockholm Programme Action Plan has now been posted visibly on Eur-Lex, under the latest COM documents made available. A few moments ago there were still only the three language versions we have mentioned and linked to earlier: English, French and German (with 20 official languages still missing less than two months ahead of final adoption).
Call for materials
In earlier blog posts, in addition to the basic documents, we have referred to contributions by Toby Archer (FIIA), Hugo Brady (CER), Tony Bunyan and Steve Peers (Statewatch), the House of Lords (European Union Committee) and others.
Now that the Lisbon Treaty has entered into force and the Stockholm Programme has been adopted, more is needed in order to achieve a borderless area of policy debate before the quinquennial landmarks are set in detail.
Dear Readers, please let us know about other relevant and timely materials.
Ralf Grahn
Time is running short for an informed public debate about major policy choices.
Do the next five years offer us EU citizens more freedoms and justice or ever increasing controls (security)? The implementation blueprint for the first five years under the Lisbon Treaty in the European Union’s area of freedom, security and justice (FSJ) is heading for final adoption in June 2010.
In a direct sense, the Action Plan, Delivering an area of freedom, security and justice for Europe's citizens ─Action Plan Implementing the Stockholm Programme, is going to be the roadmap for future action by the European Union. Indirectly, potentially converging views at EU level may affect the thrust of justice and home affairs legislation and policies at national level.
Recap
The European Commission refers to document 17024/09 as the Stockholm Programme, whereas the Council seems to have replaced it by a new document 5731/10, without indicating the substitution or the reasons.
The Justice and Home Affairs Council has issued preliminary conclusions (8920/10) on the Commission Communication COM(2010) 171 final, the proposed Stockholm Progamme Action Plan. (See Grahnlaw: EU JHA Council Conclusions on Stockholm Programme Action Plan, 24 April 2010, as well as earlier blog posts on the Stockholm Programme.)
A week from adoption by the Commission, the Stockholm Programme Action Plan has now been posted visibly on Eur-Lex, under the latest COM documents made available. A few moments ago there were still only the three language versions we have mentioned and linked to earlier: English, French and German (with 20 official languages still missing less than two months ahead of final adoption).
Call for materials
In earlier blog posts, in addition to the basic documents, we have referred to contributions by Toby Archer (FIIA), Hugo Brady (CER), Tony Bunyan and Steve Peers (Statewatch), the House of Lords (European Union Committee) and others.
Now that the Lisbon Treaty has entered into force and the Stockholm Programme has been adopted, more is needed in order to achieve a borderless area of policy debate before the quinquennial landmarks are set in detail.
Dear Readers, please let us know about other relevant and timely materials.
Ralf Grahn
Saturday, 24 April 2010
EU JHA Council Conclusions on Stockholm Programme Action Plan
This blog post is about the EU JHA Council Conclusions on Stockholm Programme Action Plan, a crucial building block in the area of freedom, security and justice (FSJ).
The provisional Conclusions of the EU JHA Council meeting were published in English Friday evening:
3008th Council meeting Justice and Home Affairs, Brussels, 23 April 2010 (document 8920/10)
Stockholm Programme
The Commission JHA web pages refer to document 17024/09 of 2 December 2009 as the Stockholm Programme, here as a link through the website of the Swedish Council presidency and here as an earlier direct link to the document:
The Stockholm Programme – An open and secure Europe serving and protecting the citizens; Brussels, 2 December 2009; document 17024/09
However, in the 23 April 2010 Conclusions, the Justice and Home Affairs Council refers to document 5371/10 as the Stockholm Programme, without indicating the document(s) it replaces, if any:
The Stockholm Programme - An open and secure Europe serving and protecting citizens; Brussels, 3 March 2010; Council document 5731/10
With some attention to detail, the Council and the Commission could make life easier for readers.
Conclusions: Stockholm Programme Action Plan
In the Grahnlaw blog post EU JHA: Stockholm Programme Action Plan in English, French and German (24 April 2010) we linked to the three existing language versions of the Commission Communication COM(2010) 171 final.
(The Council has registered it as document 8895/10; 22 April 2010. The Communication has not yet been registered on the Legislative Observatory of the European Parliament, Oeil.)
By the way, the Commission Communication refers to the Stockholm Programme as: Council document 17024/09, adopted by the European Council on 10/11 December 2009 (page 2, footnote 1).
The Justice and the Home Affairs Ministers, or their substitutes during this meeting with reduced attendance, were given a presentation of the Commission’s proposal, which is meant to guide implementation of the Stockholm Programme.
The JHA Council conclusions (8920/10) indicate that the Council wants to influence the final version, and that final adoption is scheduled for June 2010 (page 8). Here is the text, including the typos:
But we are hardly much wiser as to the coming consultations.
Ralf Grahn
The provisional Conclusions of the EU JHA Council meeting were published in English Friday evening:
3008th Council meeting Justice and Home Affairs, Brussels, 23 April 2010 (document 8920/10)
Stockholm Programme
The Commission JHA web pages refer to document 17024/09 of 2 December 2009 as the Stockholm Programme, here as a link through the website of the Swedish Council presidency and here as an earlier direct link to the document:
The Stockholm Programme – An open and secure Europe serving and protecting the citizens; Brussels, 2 December 2009; document 17024/09
However, in the 23 April 2010 Conclusions, the Justice and Home Affairs Council refers to document 5371/10 as the Stockholm Programme, without indicating the document(s) it replaces, if any:
The Stockholm Programme - An open and secure Europe serving and protecting citizens; Brussels, 3 March 2010; Council document 5731/10
With some attention to detail, the Council and the Commission could make life easier for readers.
Conclusions: Stockholm Programme Action Plan
In the Grahnlaw blog post EU JHA: Stockholm Programme Action Plan in English, French and German (24 April 2010) we linked to the three existing language versions of the Commission Communication COM(2010) 171 final.
(The Council has registered it as document 8895/10; 22 April 2010. The Communication has not yet been registered on the Legislative Observatory of the European Parliament, Oeil.)
By the way, the Commission Communication refers to the Stockholm Programme as: Council document 17024/09, adopted by the European Council on 10/11 December 2009 (page 2, footnote 1).
The Justice and the Home Affairs Ministers, or their substitutes during this meeting with reduced attendance, were given a presentation of the Commission’s proposal, which is meant to guide implementation of the Stockholm Programme.
The JHA Council conclusions (8920/10) indicate that the Council wants to influence the final version, and that final adoption is scheduled for June 2010 (page 8). Here is the text, including the typos:
ACTION PLAN IMPLEMENTING THE STOCKHOLM PROGRAMME
Justice and home affairs ministers heard presentations by the Commission on its recommendations for an action plan implementing the Stockholm Programme (5731/10). Ministers welcomed the Commission paper, stressed, however, that the action plan should more closely mirror the objectives set out in the Stockholm Programme itself. The Council asked its preparatory bodies to swiftly start consultations on the action plan with a view to adopt the it in June 2010.
The Stockholm Programme is the multi-annual strategic work programme in the area of freedom, security and justice. It was adopted by the Council on 30 November 2009 and endorsed by the European Council on 10-11 December 2009. It sets out the priorities for EU action in the area for the next five years (2010-14). It puts the citizen at the heart of EU action and deals, among other things, with questions of citizenship, justice and security as well as asylum, migration and the external dimension of justice and home affairs.
It is ten years since the EU set itself the target of creating an area of freedom, justice and security. The Stockholm Programme will built on the progress made during the implementation of the Tampere Programme (2000-2004) and the Hague Programme (2005-2010).
But we are hardly much wiser as to the coming consultations.
Ralf Grahn
EU JHA: Stockholm Programme Action Plan in English, French and German
Earlier we linked to the English version of the Communication, which had been published. We have now been able to locate French and German language versions of the European Union’s Stockholm Programme Action Plan for justice and home affairs (JHA) 2010-2014. Thus, the three working languages of the European Commission are covered, but we still miss the text of COM(2010) 171 final in 20 official EU languages.
English
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
French
Mettre en place un espace de liberté, de sécurité et de justice au service des citoyens européens - Plan d'action mettant en oeuvre le programme de Stockholm ; Bruxelles, le 20.4.2010 ; COM(2010) 171 final
German
Ein Raum der Freiheit, der Sicherheit und des Rechts für die Bürger Europas - Aktionsplan zur Umsetzung des Stockholmer Programms; Brüssel, den 20.4.2010; KOM(2010) 171 endgültig
Ralf Grahn
English
Delivering an area of freedom, security and justice for Europe's citizens - Action Plan Implementing the Stockholm Programme; Brussels, 20.4.2010; COM(2010) 171 final
French
Mettre en place un espace de liberté, de sécurité et de justice au service des citoyens européens - Plan d'action mettant en oeuvre le programme de Stockholm ; Bruxelles, le 20.4.2010 ; COM(2010) 171 final
German
Ein Raum der Freiheit, der Sicherheit und des Rechts für die Bürger Europas - Aktionsplan zur Umsetzung des Stockholmer Programms; Brüssel, den 20.4.2010; KOM(2010) 171 endgültig
Ralf Grahn
Friday, 23 April 2010
EU JHA Council: Stockholm Programme Action Plan
Ahead of the EU’s Justice and Home Affairs (JHA) Council today, 23 April 2010, in Brussels, the European Commission has issued a brief outline of the matters to be discussed:
Justice and Home Affairs Council: 23 April 2010 in Brussels (22 April 2010; MEMO/10/148)
The Stockholm Programme Action Plan, to be presented by the Commission, is still available only in English:
Delivering an area of freedom, security and justice for Europe's citizens Action Plan Implementing the Stockholm Programme (Brussels, 20.4.2010; COM(2010) 171 final; 69 pages).
Since there has been practically no opportunity for experts or the public to digest the proposed actions, we point out a few contributions of a more general nature, which we have not mentioned before.
Toby Archer
The Stockholm Programme had hardly been anointed by the European Council, when Toby Archer of the Finnish Institute of International Affairs published a briefing paper:
The Stockholm Programme: Europe’s next step to be an “area of freedom, security and justice” (Briefing paper 49; 15 December 2009; 7 pages)
Archer’s briefing paper is a good introduction to the development of the EU’s area of freedom, security and justice (FSJ), and to some of the sensitive issues affecting future work.
Hugo Brady
Hugo Brady, of the UK based think tank the Centre for European Reform (CER), gave a critical assessment of EU justice and home affairs, as well as the Stockholm Programme:
The seven sins of Stockholm (on CER website; published in E!Sharp magazineMarch/April 2010)
Tony Bunyan
In Tony Bunyan’s view the the values the Commission professes and the actions it proposes are at odds in the Action Plan:
Statewatch Analysis: Commission: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (no date; 12 pages)
Ralf Grahn
Justice and Home Affairs Council: 23 April 2010 in Brussels (22 April 2010; MEMO/10/148)
The Stockholm Programme Action Plan, to be presented by the Commission, is still available only in English:
Delivering an area of freedom, security and justice for Europe's citizens Action Plan Implementing the Stockholm Programme (Brussels, 20.4.2010; COM(2010) 171 final; 69 pages).
Since there has been practically no opportunity for experts or the public to digest the proposed actions, we point out a few contributions of a more general nature, which we have not mentioned before.
Toby Archer
The Stockholm Programme had hardly been anointed by the European Council, when Toby Archer of the Finnish Institute of International Affairs published a briefing paper:
The Stockholm Programme: Europe’s next step to be an “area of freedom, security and justice” (Briefing paper 49; 15 December 2009; 7 pages)
Archer’s briefing paper is a good introduction to the development of the EU’s area of freedom, security and justice (FSJ), and to some of the sensitive issues affecting future work.
Hugo Brady
Hugo Brady, of the UK based think tank the Centre for European Reform (CER), gave a critical assessment of EU justice and home affairs, as well as the Stockholm Programme:
The seven sins of Stockholm (on CER website; published in E!Sharp magazineMarch/April 2010)
Tony Bunyan
In Tony Bunyan’s view the the values the Commission professes and the actions it proposes are at odds in the Action Plan:
Statewatch Analysis: Commission: Action Plan on the Stockholm Programme: A bit more freedom and justice and a lot more security (no date; 12 pages)
Ralf Grahn
Thursday, 22 April 2010
EU JHA: Stockholm Programme Action Plan published in English
Yesterday we noted on Grahnblawg (in Swedish) the materials we were able to locate with regard to the Action Plan for the Stockholm Programme, the EU’s Justice and Home Affairs Programme for 2010-2014.
At the time, we did not find the Action Plan itself. We were perplexed by the Commission referring to the Swedish presidency web pages instead of the final version of the Stockholm Programme. Council document 5371/10 was headlined as the Stockholm Programme, but its meaning was left unclear.
Since then, we can take note of at least one improvement.
The European Commission has now published the final version of its communication COM(2010) 171 in English, in the newsroom of the Commission’s Area of freedom, security and justice (Justice and Home Affairs):
Delivering an area of freedom, security and justice for Europe's citizens Action Plan Implementing the Stockholm Programme (Brussels, 20.4.2010; COM(2010) 171 final; 69 pages).
There are no indications yet about other language versions of this important document.
The Commission is going to present the proposed Action Plan to the Justice and Home Affairs (JHA) Council meeting tomorrow, 23 April 2010, exceptionally meeting in Brussels in April (instead of Luxembourg).
Ralf Grahn
At the time, we did not find the Action Plan itself. We were perplexed by the Commission referring to the Swedish presidency web pages instead of the final version of the Stockholm Programme. Council document 5371/10 was headlined as the Stockholm Programme, but its meaning was left unclear.
Since then, we can take note of at least one improvement.
The European Commission has now published the final version of its communication COM(2010) 171 in English, in the newsroom of the Commission’s Area of freedom, security and justice (Justice and Home Affairs):
Delivering an area of freedom, security and justice for Europe's citizens Action Plan Implementing the Stockholm Programme (Brussels, 20.4.2010; COM(2010) 171 final; 69 pages).
There are no indications yet about other language versions of this important document.
The Commission is going to present the proposed Action Plan to the Justice and Home Affairs (JHA) Council meeting tomorrow, 23 April 2010, exceptionally meeting in Brussels in April (instead of Luxembourg).
Ralf Grahn
Monday, 4 January 2010
Killed in inaction: The EU’s third pillar (Justice and Home Affairs)
Typical exaggerated headline writing, speaking about “inaction”, but the Lisbon Treaty truly did away with the so called third pillar of the European Union, Justice and Home Affairs (JHA) and some of its laborious decision-making procedures. Although again, some peculiarities remain, in typical EU fashion.
In addition to the entry into force of the Lisbon Treaty, the European Council has adopted, for the years 2010-2014, the Stockholm Programme (Conclusions of the European Council 10 to 11 December 2009; document EUCO 6/09; point 25; page 9):
The Stockholm Programme – An open and secure Europe serving and protecting the citizens (document 17024/09; version 2 December 2009).
State of the JHA union
Professor Steve Peers has published an updated version of the Statewatch Analysis: The ‘Third pillar acquis’ after the Treaty of Lisbon enters into force – Second version: 1 December 2009.
This means that Peers’ analysis includes the latest decisions taken by the JHA Council on 30 November 2009, the last day before the Lisbon Treaty entered into force.
The introduction describes the demise of the third pillar and presents the main features of JHA law, or the area of freedom, security and justice (FSJ)(pages 1 and 2).
The Annex lists the different categories and individual legal acts in force (page 3 to 12), with useful notes.
We have to be grateful to Professor Peers and to Statewatch for yet another timely clarification of “the law of the land”, but I wonder why the EU institutions have not taken up the challenge of publishing in “real time”.
Ralf Grahn
P.S. The specialised European Union Law and its sister blog in Bulgarian, by Vihar Georgiev, offer readers quick updates on important documents pertaining to EU law, highlighting noteworthy developments for lawyers, businesses and citizens. These frequently updated blogs are listed among the nearly 500 great euroblogs on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
Why not pop over to read Grahnlaw’s sister blogs, Grahnblawg in Swedish and Eurooppaoikeus in Finnish?
In addition to the entry into force of the Lisbon Treaty, the European Council has adopted, for the years 2010-2014, the Stockholm Programme (Conclusions of the European Council 10 to 11 December 2009; document EUCO 6/09; point 25; page 9):
The Stockholm Programme – An open and secure Europe serving and protecting the citizens (document 17024/09; version 2 December 2009).
State of the JHA union
Professor Steve Peers has published an updated version of the Statewatch Analysis: The ‘Third pillar acquis’ after the Treaty of Lisbon enters into force – Second version: 1 December 2009.
This means that Peers’ analysis includes the latest decisions taken by the JHA Council on 30 November 2009, the last day before the Lisbon Treaty entered into force.
The introduction describes the demise of the third pillar and presents the main features of JHA law, or the area of freedom, security and justice (FSJ)(pages 1 and 2).
The Annex lists the different categories and individual legal acts in force (page 3 to 12), with useful notes.
We have to be grateful to Professor Peers and to Statewatch for yet another timely clarification of “the law of the land”, but I wonder why the EU institutions have not taken up the challenge of publishing in “real time”.
Ralf Grahn
P.S. The specialised European Union Law and its sister blog in Bulgarian, by Vihar Georgiev, offer readers quick updates on important documents pertaining to EU law, highlighting noteworthy developments for lawyers, businesses and citizens. These frequently updated blogs are listed among the nearly 500 great euroblogs on multilingual Bloggingportal.eu, our common “village well” for fact, opinion and gossip on European affairs.
Why not pop over to read Grahnlaw’s sister blogs, Grahnblawg in Swedish and Eurooppaoikeus in Finnish?
Sunday, 29 November 2009
EU Stockholm Programme background: Area of freedom, security and justice
The 2979th session of the Council of the European Union ─ Justice and Home Affairs configuration ─ starts in Brussels on Monday, 30 November 2009, under the Treaty of Nice, and continues on Tuesday, 1 December 2009, when the Lisbon Treaty has entered into force.
Although much of the Lisbon Treaty (OJEU 9.5.2008 C 115) tweaks the institutions, without affecting citizens directly, justice and home affairs (JHA), the area of freedom, security and justice (FSJ), is a policy area where the reforms will have impact on individuals (through secondary legislation).
Detailed view
For a more detailed view of the treaty provisions in force from 1 December 2009, you can look at Part three, Title V of the Treaty on the Functioning of the European Union (TFEU), Articles 67 to 89 (pages 73 to 84 in the consolidated, readable version of the treaty).
The legislative history of each Article has been presented on this blog, with further references to relevant materials.
Essential background
For the reader, who wants an introduction or a quick recap of the Lisbon Treaty reforms, the Fondation Robert Schuman prepared ten fact sheets available in French and English (December 2007). Here the relevant one is Sheet 6: The Lisbon Treaty and the area of freedom, security and justice (2 pages).
The Swedish presidency of the Council of the European Union has published a brochure for the general public (available in Swedish and English): A more secure and open Europe ─ The priorities of the Swedish Presidency for the Justice and Home Affairs Council (8 pages).
Barroso II Commission
On Friday, 27 November 2009, president-elect José Manuel Barroso allocated the portfolios for the commissioners proposed by the member states. Subject to the approval of the Commission as a body by the European Parliament, Cecilia Malmström will be responsible for home affairs in the Barroso II Commission and Viviane Reding will be in charge of justice, fundamental rights and citizenship during the next five years.
Most countries have separate ministers of the interior and ministers of justice. The responsibilities of the European Commission are both expanding and evolving. Politically, these issues are delicate; they concern individuals and striking the right balance between rights and repression is one of the most demanding tasks in modern government. The expected creation of two Commission portfolios has been favourably received.
JHA Council
Some progress has been made in opening up EU Council proceedings to the public. Generally, the Swedish presidency has been the best to date in presenting meetings and materials in a comprehensive manner to the public, as well as in its more open attitude with regard to publishing documents.
Public deliberations and debates are slowly making inroads into closed, smoke-free rooms. The press briefing for the JHA Council tells us that there is going to be a public deliberation (general debate) on the Stockholm Programme on Monday, under home affairs (page 2). On Tuesday, under justice, there is going to be a public debate (presumably on these parts of the draft programme).
Press conferences and public deliberations can be followed by video streaming on the Council’s audiovisual web page.
On the EU Council’s website, you can find background material for the 2979th JHA Council meeting 30 November to 1 December 2009: revised presidency briefing, agenda, background note, audiovisual note, public debates and deliberations 30 November, and public debates and deliberations 1 December.
Stockholm Programme
After the Tampere programme and the Hague programme, the European Union is about to adopt its third long term framework for its work in the area of freedom, security and justice: the Stockholm programme 2010-2014.
The JHA Council prepares the ground for the 10 to 11 December 2009 European Council, where the heads of state or government will adopt this framework of strategic value.
The Swedish presidency has published a second draft of the Stockholm Programme ─ An open and secure Europe serving and protecting the citizens (23 November 2009, document 16484/09; 73 pages).
Ralf Grahn
P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Educate yourself! There are already 487 Euroblogs aggregated on multilingual Bloggingportal.eu. You can access all the posts on the Posts page, or concentrate on the editors’ choices on the Home page. On most of the blogs you can comment and discuss our common European future.
Although much of the Lisbon Treaty (OJEU 9.5.2008 C 115) tweaks the institutions, without affecting citizens directly, justice and home affairs (JHA), the area of freedom, security and justice (FSJ), is a policy area where the reforms will have impact on individuals (through secondary legislation).
Detailed view
For a more detailed view of the treaty provisions in force from 1 December 2009, you can look at Part three, Title V of the Treaty on the Functioning of the European Union (TFEU), Articles 67 to 89 (pages 73 to 84 in the consolidated, readable version of the treaty).
The legislative history of each Article has been presented on this blog, with further references to relevant materials.
Essential background
For the reader, who wants an introduction or a quick recap of the Lisbon Treaty reforms, the Fondation Robert Schuman prepared ten fact sheets available in French and English (December 2007). Here the relevant one is Sheet 6: The Lisbon Treaty and the area of freedom, security and justice (2 pages).
The Swedish presidency of the Council of the European Union has published a brochure for the general public (available in Swedish and English): A more secure and open Europe ─ The priorities of the Swedish Presidency for the Justice and Home Affairs Council (8 pages).
Barroso II Commission
On Friday, 27 November 2009, president-elect José Manuel Barroso allocated the portfolios for the commissioners proposed by the member states. Subject to the approval of the Commission as a body by the European Parliament, Cecilia Malmström will be responsible for home affairs in the Barroso II Commission and Viviane Reding will be in charge of justice, fundamental rights and citizenship during the next five years.
Most countries have separate ministers of the interior and ministers of justice. The responsibilities of the European Commission are both expanding and evolving. Politically, these issues are delicate; they concern individuals and striking the right balance between rights and repression is one of the most demanding tasks in modern government. The expected creation of two Commission portfolios has been favourably received.
JHA Council
Some progress has been made in opening up EU Council proceedings to the public. Generally, the Swedish presidency has been the best to date in presenting meetings and materials in a comprehensive manner to the public, as well as in its more open attitude with regard to publishing documents.
Public deliberations and debates are slowly making inroads into closed, smoke-free rooms. The press briefing for the JHA Council tells us that there is going to be a public deliberation (general debate) on the Stockholm Programme on Monday, under home affairs (page 2). On Tuesday, under justice, there is going to be a public debate (presumably on these parts of the draft programme).
Press conferences and public deliberations can be followed by video streaming on the Council’s audiovisual web page.
On the EU Council’s website, you can find background material for the 2979th JHA Council meeting 30 November to 1 December 2009: revised presidency briefing, agenda, background note, audiovisual note, public debates and deliberations 30 November, and public debates and deliberations 1 December.
Stockholm Programme
After the Tampere programme and the Hague programme, the European Union is about to adopt its third long term framework for its work in the area of freedom, security and justice: the Stockholm programme 2010-2014.
The JHA Council prepares the ground for the 10 to 11 December 2009 European Council, where the heads of state or government will adopt this framework of strategic value.
The Swedish presidency has published a second draft of the Stockholm Programme ─ An open and secure Europe serving and protecting the citizens (23 November 2009, document 16484/09; 73 pages).
Ralf Grahn
P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Educate yourself! There are already 487 Euroblogs aggregated on multilingual Bloggingportal.eu. You can access all the posts on the Posts page, or concentrate on the editors’ choices on the Home page. On most of the blogs you can comment and discuss our common European future.
Tuesday, 10 November 2009
House of Lords on EU Stockholm Programme
The European Union Committee of the House of Lords has published a short report The Stockholm Programme: home affairs ─ Report with evidence (9 November 2009; HL Paper 175; 32 pages).
Since the purpose of this post is just to highlight the publication, here is a quote on the background of the Stockholm programme and the contents of the report:
***
The area of freedom, security and justice (usually justice and home affairs in British parlance) develops rapidly, contains interesting conflicts between freedoms and security aspects and it will become more of a normal EU policy area under the Lisbon Treaty (with regard to police and judicial cooperation in criminal matters).
The House of Lords reports on EU affairs are usually worth reading.
Ralf Grahn
P.S. Read about the real EUSSR through the Euroblogs aggregated on multilingual Bloggingportal.eu. Propose an interesting blog post or a whole new blog (click Contribute).
Since the purpose of this post is just to highlight the publication, here is a quote on the background of the Stockholm programme and the contents of the report:
“On 10 June 2009 the Commission published a Communication to the European Parliament and the Council entitled “An area of freedom, security and justice serving the citizen”. This was considered at an informal JHA Council on 16–17 July 2009. The Swedish Presidency has prepared a draft of a new five-year programme—the Stockholm Programme—based on the Commission Communication, and this is likely to be approved by the Justice and Home Affairs Council on 30 November, and adopted by the European Council on 10–11 December 2009. This programme will then form the agenda for EU justice and home affairs legislation from 2010 to the end of 2014.
In this brief inquiry, conducted by Sub-Committee F,3 we have looked only at the home affairs content of that Communication.
With the entry into force of the Treaty of Lisbon all third pillar matters will, instead of requiring unanimity among the Member States, be adopted by qualified majority voting in the Council and codecision with the European Parliament. Virtually all initiatives under the Stockholm Programme will then apply to the United Kingdom only if the Government opt in.”
***
The area of freedom, security and justice (usually justice and home affairs in British parlance) develops rapidly, contains interesting conflicts between freedoms and security aspects and it will become more of a normal EU policy area under the Lisbon Treaty (with regard to police and judicial cooperation in criminal matters).
The House of Lords reports on EU affairs are usually worth reading.
Ralf Grahn
P.S. Read about the real EUSSR through the Euroblogs aggregated on multilingual Bloggingportal.eu. Propose an interesting blog post or a whole new blog (click Contribute).
Saturday, 17 October 2009
Stockholm Programme published ─ or not
The Swedish Presidency of the Council of the European Union has published ─ they say ─ a first draft Stockholm Programme, regarding EU police and customs cooperation, rescue services cooperation, criminal and civil law cooperation, and asylum, migration and visa policy for the period 2010-2014.
The Stockholm Programme will be presented to ministers of justice and home affairs on 30 November-1 December, and to foreign ministers on 6-7 December, prior to adoption by the European Council on 10-11 December.
Click on the link for additional information on the Swedish Presidency’s Justice and Home Affairs (JHA) web page, including items about the Stockholm Programme.
***
Stockholm Programme draft published?
Despite several attempts to access the 16 October 2009 draft Stockholm Programme through two links on the Swedish EU Council Presidency pages and a web page of the Government of Sweden, nothing happened.
If there is a technical error, it should be corrected soon, because the area of freedom, security and justice becomes even more important under the Treaty of Lisbon, and the balance between freedoms and security is one of the most challenging issues facing the European Union as a whole, the member states and EU citizens.
Dear Readers,
Tell me, if you have succeeded in accessing the official draft.
Ralf Grahn
The Stockholm Programme will be presented to ministers of justice and home affairs on 30 November-1 December, and to foreign ministers on 6-7 December, prior to adoption by the European Council on 10-11 December.
Click on the link for additional information on the Swedish Presidency’s Justice and Home Affairs (JHA) web page, including items about the Stockholm Programme.
***
Stockholm Programme draft published?
Despite several attempts to access the 16 October 2009 draft Stockholm Programme through two links on the Swedish EU Council Presidency pages and a web page of the Government of Sweden, nothing happened.
If there is a technical error, it should be corrected soon, because the area of freedom, security and justice becomes even more important under the Treaty of Lisbon, and the balance between freedoms and security is one of the most challenging issues facing the European Union as a whole, the member states and EU citizens.
Dear Readers,
Tell me, if you have succeeded in accessing the official draft.
Ralf Grahn
Friday, 12 June 2009
EU JHA: Stockholm programme building blocks
Eight million EU citizens live in another member state than their native country, there are 18.5 million registered third country nationals and an estimated 8 million illegal immigrants.
Cross-border aspects of justice and home affairs (JHA), or the evolving area of freedom, security and justice (FSJ), are becoming increasingly important for individuals within the European Union.
Yesterday we started to look at the experiences so far, in the blog post: EU justice: Towards the Stockholm programme.
***
Background
The Commission presented a background note on the evaluation of the Hague programme and the challenges for the future Stockholm programme in: Questions et réponse sur le futur programme de Stockholm . Quelle est la situation actuelle? Où en est la construction de l'espace de liberté, de sécurité et de justice? (MEMO/09/266, Brussels, 10 Juin 2009 ; available only in French).
The aim is that the European Council adopts the Stockholm programme in December 2009, and that an action programme is adopted next spring.
Future vision
The Commission published a press release with the main proposals for the Stockholm programme: European Commission outlines its vision for the area of freedom, security and justice in the next five years (IP/09/894, 10 June 2009; available in several languages).
***
Extended evaluation of the Hague programme
The Communication we mentioned in yesterday’s post, COM(2009) 263 final, was accompanied by a more detailed version, posted on the web pages of the Commission:
Justice, Freedom and Security in Europe since 2005: An evaluation of the Hague programme and action plan ─ An extended report on the evaluation of the Hague Programme (Brussels, 10.6.2009, SEC(2009) 766 final; 131 pages).
***
Legal instruments
The Communication was also accompanied by the Communication:
Follow-up of the implementation of legal instruments in the fields of justice, freedom and security at national level ─ Implementation Scoreboard (Brussels, 10.6.2009, SEC(2009) 765 final; 45 pages).
***
Scoreboard
In addition the Commission published the following Communication:
General overview of instruments and deadlines provided in the Hague Programme and Action Plan in the fields of justice, freedom and security ─ Institutional Scoreboard (Brussels, 10.6.2009, SEC(2009) 767 final; 120 pages).
***
The Commission has laid the foundations for the coming Stockholm programme.
Ralf Grahn
Cross-border aspects of justice and home affairs (JHA), or the evolving area of freedom, security and justice (FSJ), are becoming increasingly important for individuals within the European Union.
Yesterday we started to look at the experiences so far, in the blog post: EU justice: Towards the Stockholm programme.
***
Background
The Commission presented a background note on the evaluation of the Hague programme and the challenges for the future Stockholm programme in: Questions et réponse sur le futur programme de Stockholm . Quelle est la situation actuelle? Où en est la construction de l'espace de liberté, de sécurité et de justice? (MEMO/09/266, Brussels, 10 Juin 2009 ; available only in French).
The aim is that the European Council adopts the Stockholm programme in December 2009, and that an action programme is adopted next spring.
Future vision
The Commission published a press release with the main proposals for the Stockholm programme: European Commission outlines its vision for the area of freedom, security and justice in the next five years (IP/09/894, 10 June 2009; available in several languages).
***
Extended evaluation of the Hague programme
The Communication we mentioned in yesterday’s post, COM(2009) 263 final, was accompanied by a more detailed version, posted on the web pages of the Commission:
Justice, Freedom and Security in Europe since 2005: An evaluation of the Hague programme and action plan ─ An extended report on the evaluation of the Hague Programme (Brussels, 10.6.2009, SEC(2009) 766 final; 131 pages).
***
Legal instruments
The Communication was also accompanied by the Communication:
Follow-up of the implementation of legal instruments in the fields of justice, freedom and security at national level ─ Implementation Scoreboard (Brussels, 10.6.2009, SEC(2009) 765 final; 45 pages).
***
Scoreboard
In addition the Commission published the following Communication:
General overview of instruments and deadlines provided in the Hague Programme and Action Plan in the fields of justice, freedom and security ─ Institutional Scoreboard (Brussels, 10.6.2009, SEC(2009) 767 final; 120 pages).
***
The Commission has laid the foundations for the coming Stockholm programme.
Ralf Grahn
Thursday, 11 June 2009
EU justice: Towards the Stockholm programme
Justice and home affairs (JHA), or the area of freedom, security and justice (FSJ), is one of the evolving policy fields of the European Union, and it is highly relevant for individuals (unlike many policy areas, which primarily concern governments and businesses).
Under the Treaty of Lisbon the procedures in the FSJ policy field would become more ‘normal’ and less intergovernmental with regard to police and judicial cooperation in criminal matters.
The so called Hague programme is nearing its end (2010), to be replaced by what will probably be called the Stockholm programme.
One step on the road is the Commission’s evaluation of the Hague programme:
The Communication Justice, freedom and security in Europe since 2005 – An evaluation of the Hague programme and action plan (Brussels, 10.6.2009 COM(2009) 263 final).
Hague programme
The objectives of the Hague Programme were:
• to improve the common capability of the Union and its Member States to guarantee fundamental rights, minimum procedural safeguards and access to justice;
• to provide protection in accordance with the Geneva Convention on Refugees and other international treaties to persons in need;
• to regulate migration flows and to control the external borders of the Union;
• to fight organised cross-border crime and repress the threat of terrorism;
• to realise the potential of Europol and Eurojust;
• to carry further the mutual recognition of judicial decisions and certificates both in civil and in criminal matters; and
• to eliminate legal and judicial obstacles in litigation in civil and family matters with cross-border implications.
***
Useful JHA overview with up-to-date references
The well documented 18 page Communication is a treasure trove for anyone who wants to find the relevant legislative acts and policy instruments in this vast and rapidly evolving policy area, in addition to the descriptions and assessments of the Commission.
There have been advances, but the Commission acknowledges the mixed results, especially on the ‘third pillar’ issues, which require unanimity in the Council. The Treaty of Lisbon would be an important step forward. The conclusions indicate main issues to be tackled under the Stockholm programme.
***
Additional information
For those who need more detailed information, the Commission has produced three accompanying documents, hopefully soon available through the Eur-Lex web pages on preparatory acts, under SEC documents:
SEC(2009) 765 final
SEC(2009) 766 final
SEC(2009) 767 final
Ralf Grahn
Under the Treaty of Lisbon the procedures in the FSJ policy field would become more ‘normal’ and less intergovernmental with regard to police and judicial cooperation in criminal matters.
The so called Hague programme is nearing its end (2010), to be replaced by what will probably be called the Stockholm programme.
One step on the road is the Commission’s evaluation of the Hague programme:
The Communication Justice, freedom and security in Europe since 2005 – An evaluation of the Hague programme and action plan (Brussels, 10.6.2009 COM(2009) 263 final).
Hague programme
The objectives of the Hague Programme were:
• to improve the common capability of the Union and its Member States to guarantee fundamental rights, minimum procedural safeguards and access to justice;
• to provide protection in accordance with the Geneva Convention on Refugees and other international treaties to persons in need;
• to regulate migration flows and to control the external borders of the Union;
• to fight organised cross-border crime and repress the threat of terrorism;
• to realise the potential of Europol and Eurojust;
• to carry further the mutual recognition of judicial decisions and certificates both in civil and in criminal matters; and
• to eliminate legal and judicial obstacles in litigation in civil and family matters with cross-border implications.
***
Useful JHA overview with up-to-date references
The well documented 18 page Communication is a treasure trove for anyone who wants to find the relevant legislative acts and policy instruments in this vast and rapidly evolving policy area, in addition to the descriptions and assessments of the Commission.
There have been advances, but the Commission acknowledges the mixed results, especially on the ‘third pillar’ issues, which require unanimity in the Council. The Treaty of Lisbon would be an important step forward. The conclusions indicate main issues to be tackled under the Stockholm programme.
***
Additional information
For those who need more detailed information, the Commission has produced three accompanying documents, hopefully soon available through the Eur-Lex web pages on preparatory acts, under SEC documents:
SEC(2009) 765 final
SEC(2009) 766 final
SEC(2009) 767 final
Ralf Grahn
Saturday, 25 April 2009
EU: Progress in the area of freedom, security and justice (AFSJ)
One of the most important policy fields of the European Union (European Community), in addition to the original common market (later internal market), is the evolving area of freedom, security and justice (AFSJ), in British parlance often referred to as Justice and Home Affairs (JHA).
Currently, it is split between intergovernmental police and judicial cooperation in criminal matters, provided for by the Treaty on European Union (TEU), and other issues, treated in the Treaty establishing the European Community (TEC).
The Treaty of Lisbon would achieve a degree of normalcy, by bringing the basic rules together under Title V Area of freedom, security and justice, more or less in line with other policy areas subject to ‘Community legislation’.
The AFSJ is relevant for EU citizens and third country nationals, and it is one of the most rapidly evolving policy areas, despite exasperating procedures for parts of decision-making.
***
European Parliament
The European Parliament has held its annual debate on the progress made in the area of freedom, security and justice.
By 313 votes to 56, with 6 abstentions, the European Parliament voted a resolution, which can be found in the provisional compilation of texts adopted Friday 24 April 2009.
The heading of the resolution is (on page 277):
P6_TA-PROV(2009)0329
Annual debate on the progress made in 2008 in the Area of Freedom, Security and Justice (AFSJ)
European Parliament resolution of 24 April 2009 on the annual debate on the progress made in 2008 in the Area of Freedom, Security and Justice (AFSJ) (Articles 2 and 39 of the EU Treaty)
***
Resolution
The European Parliament states the support of EU citizens for European level action, and it notes the evolving character of the area of freedom, security and justice. But the EP also remarks on a number of obstacles to progress (at member state level).
***
Lisbon Treaty crucial
The European Parliament underlines the importance of the Treaty of Lisbon, with the following arguments:
Calls on those Member States which have not ratified the Treaty of Lisbon to do so as soon as possible, as it will overcome the more significant shortcomings in the AFSJ by:
– creating a more coherent, transparent and legally sound framework,
– strengthening the protection of fundamental rights by giving binding force to the Charter of Fundamental Rights of the European Union ('the Charter') and by allowing the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms,
– empowering citizens of the Union and civil society by involving them in the legislative process and granting them greater access to the Court of Justice of the European Communities (ECJ),
– involving the European Parliament and national parliaments in the evaluation of EU policies, thereby making European and national administrations more accountable.
***
Stockholm Programme
After the Tampere Programme and the Hague Programme, the European Union is preparing its next five year programme for the development of the area of freedom, security and justice. It will probably be known as the Stockholm Programme. These are the greetings from the European Parliament to the Commission and the member states’ governments:
The European Parliament calls on the European Council, the Council and the Commission to:
(a) formally involve the newly elected European Parliament in the adoption of the next multiannual AFSJ programme for the period 2010-2014, as this programme, after the entry into force of the Treaty of Lisbon, should be mainly implemented by the Council and Parliament by way of the codecision procedure; given that such a multiannual programme should also go far beyond the suggestions contained in the reports of the Council Future Groups, national parliaments should also be involved as they should play an essential role in shaping the priorities and in implementing them at national level;
(b) focus on the future multiannual programme, and primarily on the improvement of fundamental and citizens' rights, as recently recommended by Parliament in its resolution of 14 January 2009 on the situation of fundamental rights in the European Union 2004-2008, by developing the objectives and principles laid down in the Charter, which the institutions proclaimed in Nice in 2000 and again in Strasbourg on 12 December 2007.
***
Citizens’ rights
The EP resolution contains a number of concrete requests for improvements with regard to EU citizens’ rights.
There is no doubt that the policy issues involved are important for individuals, both EU citizens and third country nationals, since they comprise:
Free movement of persons
Visa policy
EU external borders policy
Schengen area
Immigration
Asylum
Judicial cooperation in civil and criminal matters
Drugs policy coordination
EU citizenship
Data protection
Fundamental rights
Racisim and xenophobia
Police and customs cooperation
Crime prevention
Fight against organised crime
External dimension of AFSJ
Enlargement from an AFSJ perspective
Ralf Grahn
Currently, it is split between intergovernmental police and judicial cooperation in criminal matters, provided for by the Treaty on European Union (TEU), and other issues, treated in the Treaty establishing the European Community (TEC).
The Treaty of Lisbon would achieve a degree of normalcy, by bringing the basic rules together under Title V Area of freedom, security and justice, more or less in line with other policy areas subject to ‘Community legislation’.
The AFSJ is relevant for EU citizens and third country nationals, and it is one of the most rapidly evolving policy areas, despite exasperating procedures for parts of decision-making.
***
European Parliament
The European Parliament has held its annual debate on the progress made in the area of freedom, security and justice.
By 313 votes to 56, with 6 abstentions, the European Parliament voted a resolution, which can be found in the provisional compilation of texts adopted Friday 24 April 2009.
The heading of the resolution is (on page 277):
P6_TA-PROV(2009)0329
Annual debate on the progress made in 2008 in the Area of Freedom, Security and Justice (AFSJ)
European Parliament resolution of 24 April 2009 on the annual debate on the progress made in 2008 in the Area of Freedom, Security and Justice (AFSJ) (Articles 2 and 39 of the EU Treaty)
***
Resolution
The European Parliament states the support of EU citizens for European level action, and it notes the evolving character of the area of freedom, security and justice. But the EP also remarks on a number of obstacles to progress (at member state level).
***
Lisbon Treaty crucial
The European Parliament underlines the importance of the Treaty of Lisbon, with the following arguments:
Calls on those Member States which have not ratified the Treaty of Lisbon to do so as soon as possible, as it will overcome the more significant shortcomings in the AFSJ by:
– creating a more coherent, transparent and legally sound framework,
– strengthening the protection of fundamental rights by giving binding force to the Charter of Fundamental Rights of the European Union ('the Charter') and by allowing the EU to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms,
– empowering citizens of the Union and civil society by involving them in the legislative process and granting them greater access to the Court of Justice of the European Communities (ECJ),
– involving the European Parliament and national parliaments in the evaluation of EU policies, thereby making European and national administrations more accountable.
***
Stockholm Programme
After the Tampere Programme and the Hague Programme, the European Union is preparing its next five year programme for the development of the area of freedom, security and justice. It will probably be known as the Stockholm Programme. These are the greetings from the European Parliament to the Commission and the member states’ governments:
The European Parliament calls on the European Council, the Council and the Commission to:
(a) formally involve the newly elected European Parliament in the adoption of the next multiannual AFSJ programme for the period 2010-2014, as this programme, after the entry into force of the Treaty of Lisbon, should be mainly implemented by the Council and Parliament by way of the codecision procedure; given that such a multiannual programme should also go far beyond the suggestions contained in the reports of the Council Future Groups, national parliaments should also be involved as they should play an essential role in shaping the priorities and in implementing them at national level;
(b) focus on the future multiannual programme, and primarily on the improvement of fundamental and citizens' rights, as recently recommended by Parliament in its resolution of 14 January 2009 on the situation of fundamental rights in the European Union 2004-2008, by developing the objectives and principles laid down in the Charter, which the institutions proclaimed in Nice in 2000 and again in Strasbourg on 12 December 2007.
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Citizens’ rights
The EP resolution contains a number of concrete requests for improvements with regard to EU citizens’ rights.
There is no doubt that the policy issues involved are important for individuals, both EU citizens and third country nationals, since they comprise:
Free movement of persons
Visa policy
EU external borders policy
Schengen area
Immigration
Asylum
Judicial cooperation in civil and criminal matters
Drugs policy coordination
EU citizenship
Data protection
Fundamental rights
Racisim and xenophobia
Police and customs cooperation
Crime prevention
Fight against organised crime
External dimension of AFSJ
Enlargement from an AFSJ perspective
Ralf Grahn
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