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Χρήστος Σατλάνης – Στοιχεία Δικαίου και Εισαγωγή στη Νομική Επιστήμη -

Εσωτερικές υποθέσεις

The common values underpinning the objective of an area of freedom, security and
justice are long-standing principles of the modern democracies of the European Union.

The challenge set out by the Amsterdam Treaty is to allow citizens to enjoy the benefits

of their democracies in common. Indeed, the three notions of freedom, security and
justice are closely interlinked. Freedom loses much of its meaning if it cannot be

enjoyed in a secure environment and with the full backing of a system of justice on
which all Union citizens and residents can count to combat and contain those who seek

to deny or abuse that freedom. The declared objective of the Union is to provide citizens
with a high level of safety within an area of freedom, security and justice by developing

common action among the Member States in the fields of police and judicial

cooperation in criminal matters and by preventing and combating racism and
xenophobia. The means that disposes the Union to this effect are: closer cooperation

between police forces, customs authorities and other competent authorities in the

Member States; closer cooperation between judicial and other competent authorities of
the Member States; and approximation, where necessary, of rules on criminal matters

in the Member States (Art. 29 TEU).
The step-by-step approach of European integration is quite evident in the field of

justice and home affairs (JHA). Whereas questions relating to the free movement of
persons, asylum, immigration, the crossing of external borders and judicial cooperation

depended on intergovernmental cooperation in the Maastricht version of the TEU, the

Amsterdam revision of the TEU has integrated them into the Community framework.
This fact has important implications concerning notably the decision-making process

and the competence of the Court of Justice in both litigation and interpretation. The
Community institutions are given a role in police and criminal justice cooperation. The

integration of the Schengen acquis into the framework of the European Community
rewards the efforts of the Member States which embarked on this cooperation and gives

the citizens of the Member States, who are crossing internal borders without police

controls, the sentiment of belonging to a union. Only police cooperation and judicial
cooperation in criminal matters are now governed by an intergovernmental framework,