Justice and Home Affairs

The earliest examples of justice and home affairs initiatives at EU level can be traced back to calls for closer cooperation in civil protection matters in the late 1980s. Yet it was not until the entry into force of the Maastricht Treaty that the EU was given any formal role. In addition to integrating the European Convention for the Protection of Human rights and Fundamental Freedoms as general principles of Community law, "areas of common interest" in justice and home affairs were defined. There are three broad fields under which Member States or the Commission can propose common actions.

Immigration and asylum policy

This began to address for the first time the external implications of provisions on free movement of persons within the EU. In particular, the conditions for entry to and movement within the territory of the Member States for nationals of third countries were of interest. This also included asylum policy, conditions of residence, employment and family reunion for third country nationals as well as the issue of addressing unauthorised immigration.

Anti-drug policy

The second key area of interest is combating the drugs trade - widely and accurately hailed as one of the biggest problems facing the EU in the nineties. Cooperation at all levels is encouraged between judicial, police and customs authorities. Particular emphasis was placed on efforts to prevent drug-trafficking. Again, this is a logical extension of creating a single market in which goods can be moved much more easily between Member States.

Prevention of terrorism and international crime

Finally, prevention of terrorism and international crime is a key priority. Although some provisions already exist at European level, such as rules to combat money laundering, there is growing determination that the EU should play its full part both internally (e.g. ensuring serious crimes are punished equally severely in all Member States) and on the world stage (e.g. the proposed creation of an International Criminal Court). It was in the context of combating international crime within the EU that the idea of a European Police Office (Europol) has been developed. Europol exists to improve the effectiveness and co-operation of the Member States’ authorities in combating terrorism and preventing drug trafficking and other forms of serious international organised crime. It is not a European Police Force.

The Tampere European Council in October 1999 brought EU leaders to Finland for a special summit devoted to Justice and Home Affairs issues. This set an ambitious agenda for future work and a "scoreboard" by which progress in 3 areas would be assessed: an EU Asylum & migration policy, European Area of Justice and a Union-wide Fight Against Crime.

EU asylum & migration policy:
An EU asylum & migration policy with common standards for a fair and efficient asylum procedure, minimum conditions of reception and measures on subsidiary forms of protection. An active policy on visas and false documents will be further developed.

European Area of Justice:
A European Area of Justice will be developed, improving access to justice for individuals and businesses, building mutual recognition of judicial decisions and convergence in civil law. Particular emphasis will be placed on cross-border procedures.

Union-wide Fight Against Crime:
The Union-wide Fight Against Crime will target prevention of international crime by stepping up co-operation, developing an EU Strategy against Drugs and special actions against money laundering. International cooperation beyond the EU will be a key feature.