Police and Judicial Co-operation in Criminal Matters
Encyclopedia
The third of the three pillars of the European Union
(EU) was Justice and Home Affairs (JHA), which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters (PJC) in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU
structure.
The pillar focused on co-operation in law enforcement and combating racism
. It was based more around intergovernmental cooperation than the other pillars meaning there was little input from the European Commission
, European Parliament
and the Court of Justice
. It was responsible for policies including the European Arrest Warrant
.
established that, while reaching the objectives of the Union, and notably the freedom of movement, the member states consider the following as areas of common interest under Justice and Home Affairs:
There were three EU agencies under the PJC pillar: Eurojust
, Europol
and European Police College
(Cepol).
cooperation, as the Justice and Home Affairs pillar by the Maastricht treaty
in order to advance cooperation in criminal and justice fields without member states sacrificing a great deal of sovereignty. Decisions were taken by consensus rather than majority (which was the case in the European Community areas) and the supranational institutions
had little input.
The Treaty of Amsterdam transferred the areas of illegal immigration
, visas
, asylum
, and judicial co-operation in civil matters to the integrated European Community. The term Justice and Home Affairs later covers these integrated fields as well as the intergovernmental third pillar. The pillar was renamed "Police and Judicial Co-operation in Criminal Matters" to reflect its reduced scope.
Before the Maastricht Treaty, member states cooperated at the intergovernmental level in various sectors relating to free movement and personal security ("group of co-ordinators", CELAD, TREVI) as well as in customs co-operation (GAM) and judicial policy. With Maastricht, Justice and Home Affairs co-operation aimed at reinforcing actions taken by member states while allowing a more coherent approach of these actions, by offering new tools for coordinating actions.
The Treaty of Lisbon
, which entered into force in December 2009, abolished the entire pillar system. The PJC areas and those transferred from JHA to the Community were once more grouped together in creating an area of freedom, security and justice
.
Three pillars of the European Union
Between 1993 and 2009, the European Union legally consisted of three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 with the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal...
(EU) was Justice and Home Affairs (JHA), which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters (PJC) in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
structure.
The pillar focused on co-operation in law enforcement and combating racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
. It was based more around intergovernmental cooperation than the other pillars meaning there was little input from the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
, European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
and the Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
. It was responsible for policies including the European Arrest Warrant
European Arrest Warrant
The European Arrest Warrant is an arrest warrant valid throughout all member states of the European Union . Once issued by a member state, it requires the receiving member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on...
.
Responsibilities
The Maastricht TreatyMaastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
established that, while reaching the objectives of the Union, and notably the freedom of movement, the member states consider the following as areas of common interest under Justice and Home Affairs:
- Asylum;
- Rules concerning the entrance of external borders;
- Immigration policies and policies concerning third countries' citizens:
- Conditions of entry and circulation for foreign citizens in the territory of the Union;
- Conditions of residence for foreign citizens in the territory of Member States, comprising families and employment access;
- Fight against irregular immigration, residence and work of foreigners within the territory of the Union;
- Combating illicit drugs where this is not covered by point 7), 8) and 9);
- Fight against international fraud where this is not covered by points 7), 8) and 9);
- Judicial co-operation in civil matters;
- Judicial co-operation in penal matters;
- Customs co-operation;
- Police co-operation for preventing and fighting terrorism, drugs trade and other grave forms of international criminality, comprising, if necessary, certain aspects of customs co-operation.
There were three EU agencies under the PJC pillar: Eurojust
Eurojust
Eurojust is an agency of the European Union dealing with judicial co-operation in criminal matters....
, Europol
Europol
Europol is the European Union's criminal intelligence agency. It became fully operational on 1 July 1999....
and European Police College
European Police College
CEPOL - European Police College was established as an agency of the European Union in 2005 . CEPOL brings together senior police officers across Europe with the aim to encourage cross-border cooperation in the fight against crime, maintenance of public security and law and order...
(Cepol).
History
It was created, on the foundations of the TREVITREVI
TREVI was an intergovernmental network - or forum - of national officials from ministries of justice and the interior in the European Community created during the European Council Summit in Rome, 1–2 December 1975...
cooperation, as the Justice and Home Affairs pillar by the Maastricht treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
in order to advance cooperation in criminal and justice fields without member states sacrificing a great deal of sovereignty. Decisions were taken by consensus rather than majority (which was the case in the European Community areas) and the supranational institutions
Institutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
had little input.
The Treaty of Amsterdam transferred the areas of illegal immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, visas
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
, asylum
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
, and judicial co-operation in civil matters to the integrated European Community. The term Justice and Home Affairs later covers these integrated fields as well as the intergovernmental third pillar. The pillar was renamed "Police and Judicial Co-operation in Criminal Matters" to reflect its reduced scope.
Before the Maastricht Treaty, member states cooperated at the intergovernmental level in various sectors relating to free movement and personal security ("group of co-ordinators", CELAD, TREVI) as well as in customs co-operation (GAM) and judicial policy. With Maastricht, Justice and Home Affairs co-operation aimed at reinforcing actions taken by member states while allowing a more coherent approach of these actions, by offering new tools for coordinating actions.
The Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
, which entered into force in December 2009, abolished the entire pillar system. The PJC areas and those transferred from JHA to the Community were once more grouped together in creating an area of freedom, security and justice
Area of freedom, security and justice
The area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus...
.