Page 111 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων
P. 111
111/115
improved by the creation of the new instrument of "framework decisions" (Title VI
TEU).The European Council of Tampere (15 and 16 October 1999) agreed on a number
of common policy guidelines and priorities to develop the Union as an area of freedom
and justice, notably: the creation of a genuine European area of justice by improving
access of all citizens to justice in all Member States; a Union-wide fight against crime
through the cooperation of the competent authorities of the Member States; and the
setting up of a common policy on asylum and migration.
The Constitutional Treaty moves a step forward, since it extends the community
method to virtually all aspects of the field of justice and home affairs and thus abolishes
the so-called third pillar of the Union. All measures will be adopted in the form of laws
or framework laws through the normal legislative procedure, thus abolishing the current
acts which assume the form of common positions and framework decisions. The
principle of mutual recognition of judicial and extrajudicial decisions will guide judicial
cooperation in criminal as in civil matters. Operational cooperation between the
competent authorities of the Member States will be extended to the police, customs and
other services specializing in the prevention and detection of criminal offences (Art. I-
42). As far as the procedures are concerned, the Commission will bear the sole right of
legislative initiative, except in the field of police and judicial cooperation in criminal
matters, where the Member States will also have a right of initiative. The Court of
Justice will have competence in all JHA matters. Common policies will be developed
in the fields of border controls, visas, asylum and immigration (Art III-265). A uniform
status of asylum for nationals of third countries will be valid throughout the Union (Art.
III- 266). The common immigration policy should ensure the efficient management of
migration flows, fair treatment of third-country nationals residing legally in Member
States, and the prevention of illegal immigration and trafficking in human beings (Art.
III -267).