Which policies for
the European Union?
The Constitution enables the Union to develop measures
and policies that meet citizens' expectations in the
sphere of security and justice.
Strengthened
means of action
The
Constitution strengthens the efficiency of the
decision-making process to better monitor the Union's
external borders and asylum. The (qualified) majority
rule will now apply in these areas. The Union will
therefore be able to harmonize the rules applicable to
granting asylum , in order to simplify the complex
system of juxtaposed rules of the various States,
establishing a common asylum policy.
The
Constitution also better enables the Union to prevent
illegal immigration and the trafficking of people.
Decisions will be made by qualified majority and co-
decision with the European Parliament. This is a policy
common to the Union and its Member States that aims to
define rules and conditions for immigration.
In the penal
domain, the adoption of minimal rules defining
infringements and sanctions for a certain number of
trans-border crimes (terrorism, drug trafficking,
laundering, etc.) defined in the Constitution, will be
decided upon by the European Parliament and the Council
of Ministers by qualified majority voting.
The
Constitution acknowledges the conception of a European
police force that may support national police activities
and analysis of information. Europol, the European
Police Force Office, can also co-ordinate, organize, and
even undertake enquiries and operations together with
the national police forces. This new element involves
monitoring activities with the help of national
parliaments.
The
establishment of a European Justice System
Since the
space of free movement has been established on January
1, 1993, merchandise and capital represented by the
Union has not been synchronized with the co-ordination
of the various legal systems of the individual Member
States. Apart from the daily problems that this reveals,
for example, the shared custody of children after the
divorce of two community citizens living in two
different Member States, the lack of co-ordination
limits the Union’s action against international criminal
activity.
In order to
compensate for this deficit, the Constitution ensures
increased legal co-operation in the civil and penal
spheres via the principle of 'mutual acknowledgement'
(each legal system acknowledges the decisions adopted by
those in another Member State as being valid and
applicable). These new measures apply in particular to:
-
co-operation in terms of finding evidence
- effective
access to justice
-
trans-border notification of judicial and extra-judicial
acts
- co-operation
between Member States' legal authorities within the
context of criminal prosecution and the application of
decisions
- the
establishment of rules and procedures to ensure the
acknowledgement of all types of conviction and legal
decision throughout the Union
In order to
strengthen the fight against organized crime, (such as
terrorism, sexual exploitation of women, illicit
trafficking of drugs and arms, money laundering, IT
crime, etc.) the Union is able to establish a minimum
amount of rules relative to the definition of penal
infringements and sanctions.
The
Constitution also allows for the creation of a European
Public Prosecutors Office that will be able to seek out,
prosecute and summon any offenders. Nevertheless, these
measures may be limited to the damage incurred to the
financial interests of the Union only. The European
Council might however decide to extend the competence of
the Prosecutors Office by a unanimous decision,
providing it with a trans-national dimension to cover
terrorism, trafficking people and drugs, etc.
In addition,
Eurojust, the present interim measure, which has the
power to co-ordinate, suggests the start of a
prosecution procedure that today is entirely in the
hands of national authorities.
Guarantees
for Judicial Co-operation
In the penal
sphere, in addition to the new elements that have been
introduced, the Constitution guarantees Member States
that the fundamental principles of their legal system
remain upheld. The Constitution introduces "a right to
appeal," enabling any Member State to have the right to
veto if it believes that a measure is contrary to its
legal system. On the other hand, and in order to avoid
stalemate, the Constitution makes it easier to initiate
"strengthened co-operation," thereby enabling States,
who so desire, to apply the measure in question.
In addition
to this, some States can opt out. Such is the case in
the UK and Ireland regarding the policies relative to
the control of external borders, asylum, immigration and
legal co-operation in the civil domain. They have the
opportunity to partake in these European measures as
they see fit.
©
>
Fondation Robert Schuman
29, boulevard Raspail
–
75007 Paris
Tél. : + 33 (0)1 53 63 83 00 – Fax : + 33 (0)1 53 63 83
01
Rond Point Schuman 6 / Schumanplein 6 – B.1040 Bruxelles
/ B 1040 Brussel
Tél. : + 32 (0)2 234 78 26 – Fax : + 32 (0)2 234 77 72
info@robert-schuman.eu
Réalisation &
Hébergement :
DigiPlace
