Framework decision

Last updated

A framework decision was a kind of legislative act of the European Union used exclusively within the EU's competences in police and judicial co-operation in criminal justice matters. Framework decisions were similar to directives in that they required member states to achieve particular results without dictating the means of achieving that result. [1] However unlike directives, framework decisions were not capable of direct effect, [1] they were only subject to the optional jurisdiction of the European Court of Justice [2] and enforcement proceedings could not be taken by the European Commission for any failure to transpose a framework decision into domestic law.

Contents

Framework decisions were created in the Amsterdam Treaty and replaced joint actions which were legal instruments available under the Maastricht Treaty. The Lisbon Treaty abolished framework decisions and the EU can now enact directives and regulations in the area of criminal justice by means of the ordinary legislative procedure.

The legal basis for framework decisions was Article 34 of the Treaty on European Union. As amended by the Treaty of Nice and before being repealed by the Lisbon Treaty this Article read:

Article 34

2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may:

...

(b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect; ...

The continued basis for framework decisions is set out in transitional provisions of the Lisbon Treaty. Article 9 of the Protocol on Transitional Provisions provides that:

The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.

Jurisdiction of the European Court of Justice

The European Court of Justice only had jurisdiction to make preliminary rulings on the interpretation of framework decisions when a member state made a declaration under the (pre-Lisbon) Treaty on European Union indicating the circumstances in which the Court could exercise such a jurisdiction. All member states except Ireland and the United Kingdom made such a declaration.[ citation needed ]

The European Commission could not bring enforcement proceedings against member states for failing to implement a framework decision or for implementing it incorrectly, although the Court did have jurisdiction to resolve disagreements between member states concerning the interpretation of framework decisions and to hear annulment proceedings regarding their validity.

As of the coming into force of the Lisbon Treaty the status quo ante regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force. [3] Since the transitional period expired on 30 November 2014, preliminary rulings and enforcement proceedings have become possible.

United Kingdom opt-out

However, the United Kingdom negotiated an opt-out from the continued legal force of framework decisions which it may put into effect no later that six months before the expiry of the transitional period by so notifying the Council of the European Union. In October 2012 the UK government announced that it intended to exercise this opt-out and then selectively opt back into certain measures. [4] Unless this decision is reversed, all framework decisions which are not amended during the transitional period but which are still in force ceased to apply to the UK from 1 December 2014. [5]

List of framework decisions

The following is an exhaustive list the 34 [6] framework decision which were adopted between 1999 and 2009:

See also

Footnotes

  1. 1 2 Lebeck, Carl, Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions after Pupino [ permanent dead link ], 8(5) German Law Journal 501 at 507.
  2. ↑ Article 35 of the Treaty on European Union (Treaty of Nice Version) (OJ C 325, 24 December 2002, p. 1).
  3. ↑ Article 10 of the Protocol on Transitional Provisions attached to the Treaty of Lisbon.
  4. ↑ Peers, Steve. "The UK's planned 'block opt-out' from EU justice and policing measures in 2014" (PDF). Statewatch. Retrieved 18 January 2013.
  5. ↑ Article 10(4) of the Protocol on Transitional Provisions attached to the Treaty of Lisbon.
  6. ↑ Peers, Steve (2011). EU Justice and Home Affairs Law (3rd ed.). Oxford University Press. p. 27. ISBN   978-0-19-960490-6.

Related Research Articles

<span class="mw-page-title-main">European Communities Act 1972 (UK)</span> United Kingdom legislation

The European Communities Act 1972, also known as the ECA 1972, was an Act of the Parliament of the United Kingdom which made legal provision for the accession of the United Kingdom as a member state to the three European Communities (EC) – the European Economic Community, European Atomic Energy Community (Euratom), and the European Coal and Steel Community ; the EEC and ECSC subsequently became the European Union.

<span class="mw-page-title-main">Directive (European Union)</span> Legislative act of the European Union

A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.

<span class="mw-page-title-main">Treaty of Amsterdam</span> Interesante

The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992.

<span class="mw-page-title-main">Three pillars of the European Union</span>

Between 1993 and 2009, the European Union (EU) legally comprised three pillars. This structure was introduced with the Treaty of Maastricht on 1 November 1993, and was eventually abandoned on 1 December 2009 upon the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal personality.

  1. The European Communities pillar handled economic, social and environmental policies. It comprised the European Community (EC), the European Coal and Steel Community, and the European Atomic Energy Community (EURATOM).
  2. The Common Foreign and Security Policy (CFSP) pillar took care of foreign policy and military matters.
  3. Police and Judicial Co-operation in Criminal Matters (PJCCM) brought together co-operation in the fight against crime. This pillar was originally named Justice and Home Affairs (JHA)
<span class="mw-page-title-main">Eurojust</span> EU criminal law agency

The European Union Agency for Criminal Justice Cooperation (Eurojust) is an agency of the European Union (EU) dealing with judicial co-operation in criminal matters among agencies of the member states. It is seated in The Hague, Netherlands. Established in 2002, it was created to improve handling of serious cross-border and organised crime by stimulating investigative and prosecutorial co-ordination.

<span class="mw-page-title-main">Apportionment in the European Parliament</span> Allocation of legislative seats to EU member countries

The apportionment of seats within the European Parliament to each member state of the European Union is set out by the EU treaties. According to European Union treaties, the distribution of seats is "degressively proportional" to the population of the member states, with negotiations and agreements between member states playing a role. Thus the allocation of seats is not strictly proportional to the size of a state's population, nor does it reflect any other automatically triggered or fixed mathematical formula. The process can be compared to the composition of the electoral college used to elect the President of the United States of America in that, pro rata, the smaller state received more places in the electoral college than the more populous states.

The European Arrest Warrant (EAW) is an arrest warrant valid throughout all member states of the European Union (EU). Once issued, it requires another member state to arrest and transfer a criminal suspect or sentenced person to the issuing state so that the person can be put on trial or complete a detention period. It is a simplified cross-border judicial surrender method, and has replaced the lengthy extradition procedures that used to exist between member states. The EAW has been in force since 1 January 2004 in all Member States.

<span class="mw-page-title-main">European Union legislative procedure</span> Procedures for the adoption of legislation in the European Union

The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament to become law.

<span class="mw-page-title-main">Brussels Regime</span> Rules regulating jurisdiction of courts

The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments.

<span class="mw-page-title-main">Prüm Convention</span> Law enforcement treaty in part of Europe

The Prüm Convention is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.

<span class="mw-page-title-main">Opt-outs in the European Union</span> EU regulations which are not imposed by member states by agreement

In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. Currently, three states have such opt-outs: Denmark, Ireland and Poland. The United Kingdom had four opt-outs before leaving the Union.

<span class="mw-page-title-main">Schengen Area</span> Area of 27 European states without mutual border controls

The Schengen Area is an area comprising 27 European countries that have officially abolished passports and many other types of border control at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.

<span class="mw-page-title-main">Treaty of Lisbon</span> 2007 treaty amending the constitutional basis of the European Union

The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states on 13 December 2007, entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, as well as the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).

<span class="mw-page-title-main">Body of European Regulators for Electronic Communications</span>

The Body of European Regulators for Electronic Communications (BEREC) is the body in which the regulators of the telecommunications markets in the European Union work together. Other participants are the representatives of the European Commission, as well as telecommunication regulators from the member states of the EEA and of states that are in the process of joining the EU.

<span class="mw-page-title-main">Area of freedom, security and justice</span> EUs home affairs and justice policies

The area of freedom, security and justice (AFSJ) of the European Union (EU) is a policy domain concerning home affairs and migration, justice as well as fundamental rights, developed to address the challenges posed to internal security by collateral effects of the free movement of people and goods in the absence of border controls or customs inspection throughout the Schengen Area, as well as to safeguard adherence to the common European values through ensuring that the fundamental rights of people are respected across the EU.

A European Investigation Order (EIO) is a mechanism established under EU law by which a judge or magistrate in one EU member state can make a binding request to the law enforcement agencies of another member state to collect evidence to assist in a criminal investigation. The order may authorise such actions as searches, wiretapping, surveillance, the subpoena of documents or records, etc. The mechanism exists throughout the EU, with the exception of Denmark and Ireland, who have opt-outs in this area of EU law. The EIO was established by Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters.

<span class="mw-page-title-main">Treaties of the European Union</span>

The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification of every single signatory.

<span class="mw-page-title-main">United Kingdom opt-outs from EU legislation</span> Former EU provisions

The United Kingdom was a member state of the European Union and of its predecessor the European Communities from 1973 until 2020. Since the foundation of the European Communities, it has been an important neighbour, and was a leading member state until its withdrawal from the EU on 31 January 2020 as a result of Brexit, ending 47 years of membership.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.