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Justice and Home Affairs, JHA

European Commission, DG Justice and Home Affairs (Photo: Daniela Spinant)

The objective of co-operation in the field of Justice and Home Affairs is to create an "Area of freedom, security and justice"  that will cover the entire European Union.

JHA is one of the “pillars” of the European Union. Originally it was based upon intergovernmental co-operation between Member States, but it has partly become subject to supra-national qualified majority decision-making (a result of the Treaty of Amsterdam). Intergovernmental police and judicial co-operation in criminal matters is now dealt with under Title VI of the TEU. It includes cross-national co-operation against racism, terrorism, drugs, arms and fraud.

The Community Treaty (TEC) Title IV deals with visas, asylum, immigration and other policies related to the free movement of persons. It provides for supra-national co-operation on border control, refugees and immigration.

Police: The TEU provides for closer co-operation between police forces and other authorities, including the use of the common police unit Europol in The Hague. Police co-operation in the EU includes operational co-operation, common actions and co-ordinated investigation teams.

Judiciary: The closer co-operation between judicial bodies uses the common judicial co-operation unit, Euro-just Eurojust. Judicial co-operation includes co-ordination between prosecuting authorities, investigations in relation to cross-border crime and implementation of extradition requests.

The Council takes most decisions by qualified majority voting, but sensitive issues require unanimity. Denmark, Ireland and the UK have derogations legal opt-outs from all or some of these provisions.

The future

The Lisbon Treaty proposes that the entire scope of Justice and Home Affairs becomes a shared competence, with qualified majority voting in the Council and co-decision with the EU Parliament. Intergovernmental co-operation would thus be turned into a supra-national one, with the Commission having the right of legislative initiative and the EU Court the respective competence over relevant disputes and court-cases. According to the Lisbon Treaty, a group consisting of 25% of the member states can also propose laws in the sphere of Justice and Home Affairs (Art. 68 TFU). 

Links

Activities of the European Union: Justice, freedom and security http://europa.eu/pol/justice/index_en.htm