WUNRN
European Union - Trafficking In
Persons - Offences Against Children - Provisions on Police & Judicial
Cooperation in Criminal Matters - Treaty On The European Union
1. TREATY ON EUROPEAN UNION
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TITLE VI (3)
Provisions on police
and judicial cooperation in criminal matters
Article
29 (ex Article K.1) 
Without
prejudice to the powers of the European Community, the Union's objective shall
be to provide citizens with a high level of safety within an area of freedom,
security and justice by developing common action among the Member States in the
fields of police and judicial cooperation in criminal matters and by preventing
and combating racism and xenophobia.
That
objective shall be achieved by preventing and combating crime, organised or
otherwise, in particular terrorism, trafficking in persons and offences against
children, illicit drug trafficking and illicit arms trafficking, corruption and
fraud, through:
—
closer cooperation between police forces, customs authorities and other
competent authorities in the Member States, both directly and through the
European Police Office (Europol), in accordance with the provisions of Articles
30 and 32;
—
closer cooperation between judicial and other competent authorities of the
Member States in accordance with the provisions of Articles 31(a) to (d) and
32;
—
approximation, where necessary, of rules on criminal matters in the Member
States, in accordance with the provisions of Article 31(e).
Article
30 (ex Article K.2) 
1.
Common action in the field of police cooperation shall include:
(a)
operational cooperation between the competent authorities, including the
police, customs and other specialised law enforcement services of the Member
States in relation to the prevention, detection and investigation of criminal
offences;
(b)
the collection, storage, processing, analysis and exchange of relevant
information, including information held by law enforcement services on reports
on suspicious financial transactions, in particular through Europol, subject to
appropriate provisions on the protection of personal data;
(c)
cooperation and joint initiatives in training, the exchange of liaison
officers, secondments, the use of equipment, and forensic research;
(d)
the common evaluation of particular investigative techniques in relation to the
detection of serious forms of organised crime.
2.
The Council shall promote cooperation through Europol and shall in particular,
within a period of five years after the date of entry into force of the Treaty
of Amsterdam:
(a)
enable Europol to facilitate and support the preparation, and to encourage the
coordination and carrying out, of specific investigative actions by the
competent authorities of the Member States, including operational actions of
joint teams comprising representatives of Europol in a support capacity;
(b)
adopt measures allowing Europol to ask the competent authorities of the Member
States to conduct and coordinate their investigations in specific cases and to
develop specific expertise which may be put at the disposal of Member States to
assist them in investigating cases of organised crime;
(c)
promote liaison arrangements between prosecuting/investigating officials
specialising in the fight against organised crime in close cooperation with
Europol;
(d)
establish a research, documentation and statistical network on cross-border
crime.
Article
31 (ex Article K.3)
Common
action on judicial cooperation in criminal matters shall include:
(a)
facilitating and accelerating cooperation between competent ministries and
judicial or equivalent authorities of the Member States in relation to
proceedings and the enforcement of decisions;
(b)
facilitating extradition between Member States;
(c)
ensuring compatibility in rules applicable in the Member States, as may be
necessary to improve such cooperation;
(d)
preventing conflicts of jurisdiction between Member States;
(e)
progressively adopting measures establishing minimum rules relating to the
constituent elements of criminal acts and to penalties in the fields of
organised crime, terrorism and illicit drug trafficking.
Article
32 (ex Article K.4)
The
Council shall lay down the conditions and limitations under which the competent
authorities referred to in Articles 30 and 31 may operate in the territory of
another Member State in liaison and in agreement with the authorities of that
State.
Article
33 (ex Article K.5)
This
Title shall not affect the exercise of the responsibilities incumbent upon
Member States with regard to the maintenance of law and order and the safeguarding
of internal security.
Article
34 (ex Article K.6)
1.
In the areas referred to in this Title, Member States shall inform and consult
one another within the Council with a view to coordinating their action. To
that end, they shall establish collaboration between the relevant departments
of their administrations.
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:
(a)
adopt common positions defining the approach of the Union to a particular
matter;
(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;
(c)
adopt decisions for any other purpose consistent with the objectives of this
Title, excluding any approximation of the laws and regulations of the Member
States. These decisions shall be binding and shall not entail direct effect;
the Council, acting by a qualified majority, shall adopt measures necessary to
implement those decisions at the level of the Union;
(d) establish
conventions which it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements. Member States
shall begin the procedures applicable within a time limit to be set by the
Council.
Unless
they provide otherwise, conventions shall, once adopted by at least half of the
Member States, enter into force for those Member States. Measures implementing
conventions shall be adopted within the Council by a majority of two thirds of
the Contracting Parties.
3.
Where the Council is required to act by a qualified majority, the votes of its
members shall be weighted as laid down in Article 205(2) of the Treaty
establishing the European Community, and for their adoption acts of the Council
shall require at least 62 votes in favour, cast by at least 10 members.
4.
For procedural questions, the Council shall act by a majority of its members.
Article
35 (ex Article K.7)
1.
The Court of Justice of the European Communities shall have jurisdiction,
subject to the conditions laid down in this Article, to give preliminary
rulings on the validity and interpretation of framework decisions and
decisions, on the interpretation of conventions established under this Title
and on the validity and interpretation of the measures implementing them.
2.
By a declaration made at the time of signature of the Treaty of Amsterdam or at
any time thereafter, any Member State shall be able to accept the jurisdiction
of the Court of Justice to give preliminary rulings as specified in paragraph
1.
3. A
Member State making a declaration pursuant to paragraph 2 shall specify that
either:
(a)
any court or tribunal of that State against whose decisions there is no
judicial remedy under national law may request the Court of Justice to give a
preliminary ruling on a question raised in a case pending before it and
concerning the validity or interpretation of an act referred to in paragraph 1
if that court or tribunal considers that a decision on the question is
necessary to enable it to give judgment, or
(b)
any court or tribunal of that State may request the Court of Justice to give a
preliminary ruling on a question raised in a case pending before it and
concerning the validity or interpretation of an act referred to in paragraph 1
if that court or tribunal considers that a decision on the question is
necessary to enable it to give judgment.
4.
Any Member State, whether or not it has made a declaration pursuant to
paragraph 2, shall be entitled to submit statements of case or written
observations to the Court in cases which arise under paragraph 1.
5.
The Court of Justice shall have no jurisdiction to review the validity or
proportionality of operations carried out by the police or other law
enforcement services of a Member State or the exercise of the responsibilities
incumbent upon Member States with regard to the maintenance of law and order
and the safeguarding of internal security.
6.
The Court of Justice shall have jurisdiction to review the legality of
framework decisions and decisions in actions brought by a Member State or the
Commission on grounds of lack of competence, infringement of an essential
procedural requirement, infringement of this Treaty or of any rule of law
relating to its application, or misuse of powers. The proceedings provided for
in this paragraph shall be instituted within two months of the publication of
the measure.
7.
The Court of Justice shall have jurisdiction to rule on any dispute between
Member States regarding the interpretation or the application of acts adopted
under Article 34(2) whenever such dispute cannot be settled by the Council
within six months of its being referred to the Council by one of its members.
The Court shall also have jurisdiction to rule on any dispute between Member
States and the Commission regarding the interpretation or the application of
conventions established under Article 34(2)(d).
Article
36 (ex Article K.8)
1. A
Coordinating Committee shall be set up consisting of senior officials. In
addition to its coordinating role, it shall be the task of the Committee to:
—
give opinions for the attention of the Council, either at the Council's request
or on its own initiative;
—
contribute, without prejudice to Article 207 of the Treaty establishing the
European Community, to the preparation of the Council's discussions in the
areas referred to in Article 29.
2.
The Commission shall be fully associated with the work in the areas referred to
in this Title.
Article
37 (ex Article K.9)
Within
international organisations and at international conferences in which they take
part, Member States shall defend the common positions adopted under the
provisions of this Title.
Articles
18 and 19 shall apply as appropriate to matters falling under this Title.
Article
38 (ex Article K.10)
Agreements
referred to in Article 24 may cover matters falling under this Title.
Article
39 (ex Article K.11)
1.
The Council shall consult the European Parliament before adopting any measure
referred to in Article 34(2)(b), (c) and (d). The European Parliament shall
deliver its opinion within a time-limit which the Council may lay down, which
shall not be less than three months. In the absence of an opinion within that
time-limit, the Council may act.
2.
The Presidency and the Commission shall regularly inform the European
Parliament of discussions in the areas covered by this Title.
3.
The European Parliament may ask questions of the Council or make
recommendations to it. Each year, it shall hold a debate on the progress made
in the areas referred to in this Title.
Article
40 (ex Article K.12)
1.
Member States which intend to establish closer cooperation between themselves
may be authorised, subject to Articles 43 and 44, to make use of the
institutions, procedures and mechanisms laid down by the Treaties provided that
the cooperation proposed:
(a)
respects the powers of the European Community, and the objectives laid down by
this Title;
(b)
has the aim of enabling the Union to develop more rapidly into an area of
freedom, security and justice.
2.
The authorisation referred to in paragraph 1 shall be granted by the Council,
acting by a qualified majority at the request of the Member States concerned
and after inviting the Commission to present its opinion; the request shall
also be forwarded to the European Parliament.
If a
member of the Council declares that, for important and stated reasons of
national policy, it intends to oppose the granting of an authorisation by
qualified majority, a vote shall not be taken. The Council may, acting by a
qualified majority, request that the matter be referred to the European Council
for decision by unanimity.
The
votes of the members of the Council shall be weighted in accordance with
Article 205(2) of the Treaty establishing the European Community. For their
adoption, decisions shall require at least 62 votes in favour, cast by at least
10 members.
3.
Any Member State which wishes to become a party to cooperation set up in
accordance with this Article shall notify its intention to the Council and to
the Commission, which shall give an opinion to the Council within three months
of receipt of that notification, possibly accompanied by a recommendation for
such specific arrangements as it may deem necessary for that Member State to
become a party to the cooperation in question. Within four months of the date
of that notification, the Council shall decide on the request and on such
specific arrangements as it may deem necessary. The decision shall be deemed to
be taken unless the Council, acting by a qualified majority, decides to hold it
in abeyance; in this case, the Council shall state the reasons for its decision
and set a deadline for reexamining it. For the purposes of this paragraph, the
Council shall act under the conditions set out in Article 44.
4.
The provisions of Articles 29 to 41 shall apply to the closer cooperation
provided for by this Article, save as otherwise provided for in this Article
and in Articles 43 and 44.
The
provisions of the Treaty establishing the European Community concerning the
powers of the Court of Justice of the European Communities and the exercise of
those powers shall apply to paragraphs 1, 2 and 3.
5.
This Article is without prejudice to the provisions of the Protocol integrating
the Schengen acquis into the framework of the European Union.
Article
41 (ex Article K.13)
1.
Articles 189, 190, 195, 196 to 199, 203, 204, 205(3), 206 to 209, 213 to 219,
255 and 290 of the Treaty establishing the European Community shall apply to
the provisions relating to the areas referred to in this Title.
2.
Administrative expenditure which the provisions relating to the areas referred
to in this Title entail for the institutions shall be charged to the budget of
the European Communities.
3.
Operational expenditure to which the implementation of those provisions gives
rise shall also be charged to the budget of the European Communities, except
where the Council acting unanimously decides otherwise. In cases where
expenditure is not charged to the budget of the European Communities it shall
be charged to the Member States in accordance with the gross national product
scale, unless the Council acting unanimously decides otherwise.
4.
The budgetary procedure laid down in the Treaty establishing the European
Community shall apply to the expenditure charged to the budget of the European
Communities.
Article
42 (ex Article K.14)
The
Council, acting unanimously on the initiative of the Commission or a Member State,
and after consulting the European Parliament, may decide that action in areas
referred to in Article 29 shall fall under Title IV of the Treaty establishing
the European Community, and at the same time determine the relevant voting
conditions relating to it. It shall recommend the Member States to adopt that
decision in accordance with their respective constitutional requirements.
(3) Title restructured by the Treaty of
Amsterdam.
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