1 / 11

The Area of Liberty, Security and Justice

The Area of Liberty, Security and Justice. Objectives. Free movement for EU citizens S ecurity and safety in a Europe without borders Figth against international crime and terrorism equal access to justice respect for fundamental rights across the Union

hadar
Télécharger la présentation

The Area of Liberty, Security and Justice

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Area of Liberty, Security and Justice

  2. Objectives • Free movementfor EU citizens • Security and safetyin a Europe withoutborders • Figthagainst international crime and terrorism • equal access to justice • respect for fundamental rights across the Union • Common management of asylum & immigration from third countries

  3. Free movement • The « Schengen agreement"(1985): right to travelfreelywithin the Shengen area, control onlyat the external border • Remaining exceptions: UK, Ireland (when entering from a country other than the UK), Bulgaria, Cyprus and Romania

  4. Fighting crime • Actions to prevent organised crimes such as drug or people trafficking, money laundering and terrorism • In practice: national police forces are cooperating more, especially within the framework of Europol. • Ex: legislation on money laundering (the proceeds of crime can be confiscated + financial institutions and professions such as accountants, lawyers and casino owners must report transactions worth €15 000 or more)

  5. Justice cooperation in criminalmatters • European Judicial Network (1998)to improve judicial cooperation between the Member States in combating serious crimes such as corruption, drug trafficking and terrorism (regular meetings for the representatives of Member States and exchange of information) • EUROJUST (2002) A new EU body composed of judges or prosecutorsfrom all member states Competence: -> promoting coordination between the competent authorities of the various Member States -> facilitating the execution of requests and decisions relating to judicial cooperation Actions: -> investigations and prosecutions relating to serious crime concerning at least two Member States -> key role in the fight against terrorism

  6. European arrest warrant(2002, frameworkdecision) Replaces extradition procedures => Suspected or convicted criminals can be more swiftly returned to the country where they were, or will be, tried. Definition: any judicial decision issued by a Member State with a view to the arrest or surrender by anotherMember State of a requested person, for the purposes of: • conducting a criminal prosecution • executing a custodial sentence • executing a detention order.

  7. Access to civil JusticeJustice cooperation for civil matters Cooperation between national judicial systems to ensure that legal decisions taken in one member country are recognised and implemented in another Fields: civil proceedings concerning contracts, divorce, child custody, maintenance claims or bankruptcy and unpaid bills…

  8. Asylum & Immigration • Minimum standards and procedures for asylum seekers • Common actions for legal immigration • Figthagainstillegal immigration

  9. Pacton (legal) immigration and asylum (2008) Goals of EU policy: -> organising legal immigration to takeintoaccount of the priorities and needs of each EU-country -> ensuring more effective control of the EU's external borders -> fosteringintegration of migrants (familyreunification, rights for long termresidents) -> partnerships with the countries of origin and of transit, to improve living conditions in these countries

  10. Fightingillegal immigration -> Frontex agency (2005, operational cooperation between the EU countries for external border security) -> Minimum sanctions in case of illegal entry or stay in the EU

  11. Directive on common standards and procedures for returning illegally staying third-country nationals (2008) Major aspects : • The return decision must allow for a period of voluntary departure(7 to 30 days) • In case of non-compliance, Member States must enforce removal • Coercive measures (proportionate and not exceeding reasonable force) may be used only as a final solution to remove third-country nationals • Detentionduring the return procedure is possible in case the personrisks fleeing or obstructs the removal process. Detention period must be as short as possible and no longer than six months (but possible extension to 12 months).

More Related