1 Expanding to an Area of Freedom, Security and Justice Carsten Zatschler Legal Secretary to Judge Schiemann, ECJ.

2 From Economic Union to Area of Freedom, Security and Justice Free movement of “workers”/ “establishment” requires free movement across national borders Free movement of “workers”/ “establishment” requires free movement across national borders But in abolishing national borders: But in abolishing national borders: Encroaching on national “sovereignty” Encroaching on national “sovereignty” Need to align policy as regards the “outside world”: visas, immigration, asylum Need to align policy as regards the “outside world”: visas, immigration, asylum Risk free movement of criminals Risk free movement of criminals

3 Schengen Area Started 1985 Started 1985 Incorporated into EU 1997 Incorporated into EU 1997 Not in UK, Ireland Not in UK, Ireland Negative visa list for outsiders Negative visa list for outsiders

4 JHA to AFSJ A story of “pillars” and “stumps” (and keeping the ECJ out) A story of “pillars” and “stumps” (and keeping the ECJ out) 1992 Treaty on European Union: JHA 1992 Treaty on European Union: JHA Europol set up 1995 Europol set up Amsterdam Treaty: Schengen, Asylum and Immigration “moved” into EC competencies 1997 Amsterdam Treaty: Schengen, Asylum and Immigration “moved” into EC competencies Dublin Convention to Dublin Regulation Dublin Convention to Dublin Regulation

Tampere Conclusions Common Immigration and Asylum Policy Common Immigration and Asylum Policy Judicial Cooperation in Civil and Criminal Matters Judicial Cooperation in Civil and Criminal Matters Action against criminality Action against criminality External action in all the above External action in all the above

6 Mutual Confidence

7 Procédure Préjudicielle d’Urgence (PPU) Speedy decisionmaking (2 months): Speedy decisionmaking (2 months): European Arrest Warrant European Arrest Warrant Child abductions Child abductions Asylum Asylum

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