The Area of Liberty, Security and Justice

Objectives Free movement for EU citizens Security and safety in a Europe without borders Figth against international crime and terrorism equal access to justice respect for fundamental rights across the Union Common management of asylum & immigration from third countries

Free movement The « Schengen agreement" (1985): right to travel freely within the Shengen area, control only at the external border Remaining exceptions: UK, Ireland (when entering from a country other than the UK), Bulgaria, Cyprus and Romania

Fighting crime Actions to prevent organised crimes such as drug or people trafficking, money laundering and terrorism In practice: national police forces are cooperating more, especially within the framework of Europol. Ex: legislation on money laundering (the proceeds of crime can be confiscated + financial institutions and professions such as accountants, lawyers and casino owners must report transactions worth € or more)

Justice cooperation in criminal matters European Judicial Network (1998) to improve judicial cooperation between the Member States in combating serious crimes such as corruption, drug trafficking and terrorism (regular meetings for the representatives of Member States and exchange of information) EUROJUST (2002) A new EU body composed of judges or prosecutors from all member states Competence: -> promoting coordination between the competent authorities of the various Member States -> facilitating the execution of requests and decisions relating to judicial cooperation Actions: -> investigations and prosecutions relating to serious crime concerning at least two Member States -> key role in the fight against terrorism

European arrest warrant (2002, framework decision) Replaces extradition procedures => Suspected or convicted criminals can be more swiftly returned to the country where they were, or will be, tried. Definition: any judicial decision issued by a Member State with a view to the arrest or surrender by another Member State of a requested person, for the purposes of: conducting a criminal prosecution executing a custodial sentence executing a detention order.

Access to civil Justice Justice cooperation for civil matters Cooperation between national judicial systems to ensure that legal decisions taken in one member country are recognised and implemented in another Fields: civil proceedings concerning contracts, divorce, child custody, maintenance claims or bankruptcy and unpaid bills…

Asylum & Immigration Minimum standards and procedures for asylum seekers Common actions for legal immigration Figth against illegal immigration

Pact on (legal) immigration and asylum (2008) Goals of EU policy: -> organising legal immigration to take into account of the priorities and needs of each EU-country -> ensuring more effective control of the EU's external borders -> fostering integration of migrants (family reunification, rights for long term residents) -> partnerships with the countries of origin and of transit, to improve living conditions in these countries

Fighting illegal immigration -> Frontex agency (2005, operational cooperation between the EU countries for external border security) -> Minimum sanctions in case of illegal entry or stay in the EU

Directive on common standards and procedures for returning illegally staying third-country nationals (2008) Major aspects : -The return decision must allow for a period of voluntary departure (7 to 30 days) - In case of non-compliance, Member States must enforce removal - Coercive measures (proportionate and not exceeding reasonable force) may be used only as a final solution to remove third-country nationals - Detention during the return procedure is possible in case the person risks fleeing or obstructs the removal process. Detention period must be as short as possible and no longer than six months (but possible extension to 12 months).