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Information Dossier 2

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New matters of common interest in highly sensitive policies ... Xenophobia. Sexual Exploitation. Trafficking in. Human Beings. Smuggling. Terrorism. Financial ... – PowerPoint PPT presentation

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Title: Information Dossier 2


1
Information Dossier 2 An Area of Justice,
Freedom and Security for all Citizens of the
European Union
2
Table of Contents
  • Introduction
  • Asylum
  • Legal Migration
  • Illegal Immigration
  • Border Control
  • Fight Against Organised Crime
  • Fight Against Terrorism

Police Co-operation Fight Against
Drugs Protection of Personal Data Judicial
Co-operation (Civil) Judicial Co-operation
(Criminal) Fundamental Rights Conclusion
3
INTRODUCTION
Single Market
Respect of Fundamental Rights and Civil
Liberties vs. Security Concerns and Measures
4
INTRODUCTION
Establishment of an area of justice, freedom
and security (AJFS)
5
ASYLUM
6
ASYLUM
Legal Instruments
  • Dublin Regulation 343/2003
  • Directive 2003/9 on minimum standards of
    subsistence for asylum seekers
  • Qualification Directive 2004/83
  • Procedures Directive 2005/85
  • Directive 2001/55 on minimum standards for
    temporary protection

7
LEGAL MIGRATION
8
LEGAL MIGRATION
Legal Instruments
  • Family reunification directive (2003/86)
  • Directive on status of Third country nationals
    as long term residents (2003/109)
  • Directive on the right of family members to
    reside in the territory of the EU (2004/38)
  • Directive on the admission of researchers
    (2005/71)
  • New Integration Fund (starting in 2007)

9
ILLEGAL IMMIGRATION
  • Main Objectives
  • Reduce illegal immigration
  • Support Member States to improve the organisation
    and implementation of the return of Third Country
    Nationals
  • Support organisation and implementation of return
  • Provide objective, reliable and comparable
    information on migration and asylum

10
ILLEGAL IMMIGRATION
EU Instruments
11
BORDER CONTROL
The Schengen Regime
  • Abolished the border controls at internal
    borders and created a single external frontier
  • Includes thirteen EU Member States without UK
    and Ireland. The new Member States are expected
    to join in the future.
  • No more checks at internal borders, a common
    visa regime, better coordination between police,
    customs and judiciary
  • The European Agency for the Management of
    Operational Cooperation at the External Borders
    established to ensure efficient coordination of
    Member State efforts
  • Schengen Information System (SIS) for exchange
    of data on movement of persons and lost or stolen
    goods

12
BORDER CONTROL
EU Visa Policy
  • Treaty of Amsterdam integration of all visa
    aspects into one framework (European Community)
  • Visa Information System (VIS) Inclusion of
    biometric identifiers to reduce counterfeiting
    and falsification of visas
  • Ireland and the United Kingdom have chosen not
    to be part of the common visa policy

13
FIGHT AGAINST ORGANISED CRIME
Objectives and related areas
Trafficking in Human Beings
Terrorism
Smuggling
  • Fight Crime
  • Prevent Crime
  • Protect Victims

Financial Economic Crime
Terrorism
Racism Xenophobia
Sexual Exploitation
Environmental Int. Property Crime
14
EU Instruments
FIGHT AGAINST ORGANISED CRIME
  • AGIS Framework Programme on Police and Judicial
    Co-Operation in Criminal Matters
  • EU Agencies and Bodies
  • Europol
  • Eurojust
  • European Judiciary Network (EJN)
  • European Forum on Organised Crime Prevention

Tampere Summit 1999 Principle of Mutual
Recognition
15
FIGHT AGAINST TERRORISM
16
FIGHT AGAINST TERRORISM
EU Instruments
  • Council Framework Decision on combating
    terrorism (2002/475)
  • Action Plan on Terrorism
  • The EU Counter-Terrorism Strategy
  • Decision on the exchange of information and
    co-operation concerning terrorist offences
    (2005/671)

17
POLICE COOPERATION
The cooperation of police forces in the EU has
come a long way
  • Since 1976 the TREVI Group of ministers was
    meeting on issues of terrorism, immigration and
    organised crime
  • Europol was set up in 1995 to coordinate
    national efforts investigating cross border crime
  • CEPOL The European Police College established
    in 2000 provides training in fighting cross
    border crime
  • The experiences of civilian peacekeeping have
    persuaded Member States to establish a European
    Rapid Reaction Force

18
THE FIGHT AGAINST DRUGS
19
EU Instruments and Bodies
THE FIGHT AGAINST DRUGS
  • EU Drugs Cooperation
  • Decision 2005/387 on the information exchange,
    risk assessment and control of new psychoactive
    substances
  • Council Framework Decision 2004/757 laying down
    minimum provisions on the constituent elements on
    the constitution of criminal acts and penalties
    in the field of illicit drug trafficking
  • EU Drugs Strategy (2005-2012), EU Drugs Plan
    (2005-2008)
  • Prevention and Reduction of drug use and fight of
    drug related crime
  • Coordination
  • Demand Reduction
  • Supply Reduction
  • Information, Research and Evaluation

The European Monitoring Centre for Drugs and Drug
Addiction EUROPOL EUROJUST Network of national
focal points
20
PROTECTION OF PERSONAL DATA
Collection and use of information
  • Establish Data Protection Officers in the
    Community institutions and bodies
  • Adapt and update the provisions of Directive
    95/46/EC
  • Facilitate
  • free movement of personal information within the
    EU
  • Protect the rights of individuals
  • Conclude agreements with third countries

Safeguarding individuals fundamental rights
21
JUDICIAL COOPERATION (CIVIL)
Fundamental Right of Free Movement
Civil co-operation
Principle of mutual recognition across borders
  • FP Fundamental Rights and Justice
  • Programme on Civil Justice
  • Facilitate cross border access to justice
  • Reduce costs
  • Improve legal certainty
  • Brussels I II Regulations on jurisdiction,
    recognition and enforcement of judgements
  • Rome I II III Regulations on contractual and
    non-contractual obligations and divorce
  • Proposals on European Payment Order, small claims
    and alternative dispute resolution

Tampere European Council
22
JUDICIAL COOPERATION (CRIMINAL)
Fundamental Right of free movement
Criminal co-operation
Principle of mutual recognition across borders
  • Framework Programme (FP) AGIS
  • Europe wide networks
  • Co-operation with third states
  • Common Definition of serious crime
  • Approximate national legislations
  • Setting of minimum penalties
  • European Arrest Warrant (EAW)
  • Mutual Recognition of Financial Penalties
  • Exchange of Information for criminal record
  • Institutionalisations European Judicial Network
    on criminal matters and EUROJUST

Tampere European Council
23
FUNDAMENTAL RIGHTS
Fundamental Rights were not explicitly mentioned
in the founding Treaties of the European
Communities did not explicitly mention
fundamental rights
Over the years, the Court of Justice identified
numerous fundamental rights The European
Convention on Human Rights (ECHR), agreed in 1950
by the Council of Europe served as a guideline
for the development of fundamental rights within
the Community law Since then the Court has
identified numerous fundamental rights
Today, all EU institutions and national
authorities implementing EU law must respect
fundamental rights as a general principle of
European Community law
24
FUNDAMENTAL RIGHTS
EU Instruments
Fighting Discrimination
Directive 2000/43/EC and 2000/78/EC
Six headings dignity, freedoms, equality,
solidarity, citizens rights and justice
Charter of Fundamental Rights
European Agency for Fundamental Rights in 2007
Proposal COM (2005) 280 final
25
CONCLUSION
  • Increasing concern about national sovereignty and
    loss of competences.
  • Especially in sensitive areas (the fight against
    terrorism, immigration, organised crime, i.e.
    core areas of the European Area of Freedom,
    Security and Justice.
  • Integration is thus complicated.
  • Mutual recognition is regarded as the key to
    further cooperation.
  • Strengthening of the AFSJ is one of the most
    important objectives for the EU in the future.
  • Justice and Home Affairs and security issues
    matter to citizens reflected in debates during
    national elections and in opinion polls.
  • The EU has to meet a certain number of challenges

BUT
26
Looking forward
CONCLUSION
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