LIBE Study Guide - English Version

BISMUN 2012 STUDY GUIDE - EP Committee on Civil Liberties, Justice and Home Affairs (LIBE) Topic A: The European
Neighbourhood Policy between the European

Enlargement and Foreign Policy towards Eastern Europe and the Caucasus
Topic B: The fight against organized crime inside the European Union
Chairpersons:
- Despoina Papadopoulou - Delia Radu

Author: George-Mihael Manea
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Open your mind, Improve our world Table of Contents
1. Welcome speech adressed by the president Juan Fernando Lpez Aguilar .................. 2 2. Presentation of the LIBE Committee ................................................................................. 2 3. Competences of the LIBE Committee ................................................................................ 3 4. Topic A : The European Neighbourhood Policy between the European Enlargement and Foreign Policy towards Eastern Europe and the Caucasus......................................... 4 4.1. Introduction ................................................................................................................... 4 4.2. Objectives....................................................................................................................... 6 4.3. Functioning .................................................................................................................... 7 4.4 Bilateral Action Plans .................................................................................................... 7 4.5 A Partnership for Reform ............................................................................................. 8 5. Topic B: The fight against organized crime in the European Union ............................ 13 5.1. Cooperation in civil matters ....................................................................................... 14 5.2 Simplification of the border dispute resolution ........................................................ 15 5.3. Judicial cooperation in criminal matters .................................................................. 15 5.4. The European arrest warrant and Eurojust ............................................................ 16 5.5. Protect the rights in justice matters .......................................................................... 17 5.6. The financing of practical cooperation ..................................................................... 17 5.7. Tackling the drug culture........................................................................................... 18 5.8. Human trafficking ...................................................................................................... 19 5.9. Money laundering ....................................................................................................... 21 5.10. Police forces and customs cooperation .................................................................... 22 5.11. EUROPOL ................................................................................................................. 23 5.12. Prevention of criminality and the fight against terrorism .................................... 23 6. Bibliography ...................................................................................................................... 24
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Open your mind, Improve our world
1. Welcome speech adressed by the president Juan Fernando Lpez Aguilar The Committee on Civil Liberties, Justice and Home Affairs (LIBE) is in charge of most of the legislation and democratic oversight for policies linked to the transformation of the European Union in the area of freedom, security and justice (AFSJ) (art. 3 TEU). These policies are intertwined with the implementation of the Charter of Fundamental Rights in EU territory and with the strengthening of European Citizenship. The European Union carries out work in this domain with the joint commitment of the Member States, their national Parliaments and the judiciary and civil society. As a consequence, the area of freedom, security and justice could become the core of the new EU legal order after the Lisbon Treaty; while simultaneously fully respecting the national legal order (art. 67 TFEU). To implement these objectives, a multi-annual strategy (the so called "Stockholm Programme" for the period 20102014) has been adopted and it established several strategic legislative and operational objectives dealing notably, but not exhaustively, with citizenship, transparency, data protection, fighting discrimination, granting freedom of movement, border control, migration, asylum, judicial and police cooperation. To better achieve these objectives in such sensitive domains, mutual trust and active participation between EU institutions, Member States and European citizens, will be the key to success. In its part, the LIBE Committee will do its upmost to build a fruitful dialogue with all of these key stakeholders, so that the objectives of the Treaties and the Charter of Fundamental Rights can be fully achieved. Juan Fernando LPEZ AGUILAR 2. Presentation of the LIBE1 Committee
European Commission, Directorate-General for Communication Europe on the move , script finished in january 2004.
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One of the major achievements of the European Union is creating a vast space without boundaries within which people can move freely without any border controls. The European citizens are equally free to choose the country of the Union where they wish to live and work. However, to ensure that its citizens can fully enjoy these freedoms, the EU must manage its external borders effectively. Its judicial authorities and its police forces must also work closely so as to ensure that its citizens enjoy the same protection against organised crime everywhere in the European Union and have equal access to justice and can fully exercise their rights. The European Union is developing a more coordinated policy on asylum and immigration so that asylum seekers are treated fairly and that the legal immigrants the EU needs are integrated into European societies. Actions are also being taken to prevent abuse and fight against illegal immigration. In addition, because of globalization, it is vital that Member States of the European Union actually work together to fight against organized crime and international terrorism. Thus the EU would indeed become a single area of freedom, security and justice for all.
3. Competences of the LIBE Committee This committee is responsible for matters regarding: a. the protection within the territory of the Union of citizens' rights, human rights and fundamental rights, including the protection of minorities, as laid down in the Treaties and in the Charter of Fundamental Rights of the European Union; b. the measures needed to combat all forms of discrimination other than those based on sex or those occurring at the workplace and in the labour market; c. legislation in the areas of transparency and of the protection of natural persons with regard to the processing of personal data; d. the establishment and development of an area of freedom, security and justice, in particular: - measures concerning the entry and movement of persons, asylum and migration, A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 3
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- measures concerning an integrated management of the common borders, - measures relating to police and judicial cooperation in criminal matters; e. the European Monitoring Centre for Drugs and Drug Addiction and the European Union Agency for Fundamental Rights, Europol, Eurojust, Cepol and other bodies and agencies in the same area; f. the determination of a clear risk of a serious breach by a Member State of the principles common to the Member States.
4. Topic A : The European Neighbourhood Policy between the European Enlargement and Foreign Policy towards Eastern Europe and the Caucasus 4.1. Introduction The enlargement of the European Union creates a wider area of stability and prosperity in Europe, within which democracy and the rule of law are upheld and human rights are respected. Naturally, people from neighbouring regions and even further, are attracted by the EU and seek to establish themselves there, legally or not. European leaders do not think the right response is to build barriers at the borders of the EU and make it a fortress. This would deprive the EU and its neighbors of many valuable opportunities for cross-border trade and cooperation. The EU wants instead to develop close partnerships with all its neighbors, like Russia, Ukraine, Belarus, Moldova, the Caucasus, the Balkans, North Africa and the Middle East. A partnership involves a close cooperation in the fight against terrorism and organized crime, in order to help countries neighbouring the EU to reform their police and judicial system and to improve border management. For example, the Second Northern Dimension Action Plan (2004-2006) includes specific actions in fighting against human trafficking and drug trafficking and in increasing the cooperation in the Baltic region between the guards borders of Europe and their Eastern colleagues. Though, a partnership also means that we must guarantee the close EU neighbours easy access to the enlarged single market and its 450 million consumers. It means helping A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 4
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these neighbours to improve the living standards of their people. It also means promoting democratic institutions and political pluralism in these regions. The respect for human rights has become part of all international treaties of the European Union. All this helps to address the problem of refugees and asylum seekers at root. As the situation improves in countries plagued by unrest, the population feels less need to escape to try to live a better life elsewhere. At the same time, the EU seeks to play an active role in managing crises occurring beyond its borders. Members of national police forces of the EU are working together as part of the new police mission of the European Union in Bosnia and Herzegovina. They form the local police and help to maintain order and to establish a dialogue with local authorities. In summary, the European Union is convinced that one of the best ways to guarantee freedom, justice and security within its borders is to export those values beyond its borders. While these values spread more widely, they thus help create a safer, freer and fairer world. The European Neighbourhood Policy (ENP) aims to bring Europe closer to its neighbors, to their mutual benefit. The ENP was conceived in 2004, after the enlargement with ten new Member States, in order to avoid the emergence of new dividing lines in Europe. The ENP supports political and economic reforms in 16 countries neighbouring the European Union to promote peace, stability and economic prosperity throughout the region. It is designed to give a greater prominence than before to bilateral relations between the Union and each of its neighbors. In total, 16 countries are involved in the ENP, including nine Mediterranean partners in the Euro-Mediterranean process (Barcelona): Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Occupied Palestinian Territories, Syria and Tunisia. Libya is also involved. The other six countries are partners in the eastern region: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine.
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ENP promotes innovative principles, such as "joint ownership" of the process. Seen as a funding mechanism, the European Neighbourhood and Partnership Instrument (ENPI) was established in January 2007.
4.2. Objectives However, the ENP does not expand, nor does it open to partners the prospect of membership. The ENP aims to promote the principles of good governance and social development in countries neighbouring the Union, through: closer political ties, a partial economic integration, support for compliance with EU standards, assistance in the implementation of economic and social reforms. The European Union sees the ENP as a way to seal a mutual commitment to common values in areas such as democracy, human rights, rule of law, good governance, principles of market economy and sustainable development. The degree of commitment to these common values will determine the level of the relationship. The negotiations cover the four priorities of the ENP action: strengthen the rule of law, democracy and respect for human rights, promote economic reforms based on market mechanisms, promote employment and social cohesion, cooperate on fundamental objectives of foreign policy, such as the fight against terrorism and nonproliferation of weapons of mass destruction. The ENP is designed to give to the neighbours from East and South many of the benefits that were previously the exclusive preserve of Member States, namely a role on the internal market, participation in Community programs and cooperation in transport networks and energy. The ENP is also part in the context of the EU strategy to strengthen security in neighbouring countries. In a speech marking the fifth anniversary of the launch of the policy, tefan Fule, the Commissioner for Enlargement and European Neighbourhood Policy, said: "The ENP is a win-win policy: our response will be to match the ambition of reforms undertaken by our A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 6
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partners. The economic reforms of our neighbors, both the East and South, rose significantly. It is essential for the future that the democratic and political reforms, which recorded real progress, but generally slower, move up a gear. " Speaking before the European Parliament, he explained that "if the EU wants to become a credible global actor, it must begin with its neighbours."
4.3. Functioning A key element of the Neighbourhood Policy is the bilateral ENP Action Plan mutually agreed between the EU and each partner country. The action plan outlines a program of political and economic reforms with short and medium term priorities. It is preceded by the Country Report. The European Commission begins by developing country reports, which paint a picture of the political, economic, social and institutional characteristics of each country, as well as the progress in the implementation of bilateral agreements and reforms. These documents assess the timing and possible ways to deepen relations with any country. The country reports are then forwarded to the Council of Ministers, representing the governments of EU Member States, which decides whether the EU should move to the next step, that is to say the action plans . The European Commission has published reports on the country for all partner countries, with the exception of Algeria, Belarus, Libya and Syria.
4.4 Bilateral Action Plans Once the countries reports are published and the Council gives the green light, the EU and each country which is part of the EPV agree on an action plan. This political document states the program of the economic reforms and policies, as well as the priorities on short and medium term. The action plans differ from a country to another since they are the reflection of the priorities which were adopted with the EU, but all relate to the following fields: dialogue and A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 7
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political reforms, social economic cooperation and development, commercial issues, market and reform of the regulation, co-operation on the justice issues, freedom and safety, sector questions, such as transport, energy, information company, environment, research and development, human dimension, namely exchanges between the people, civil society, education and public health. In exchange for the accomplished progress in the reforms concerned, the Union proposes: integration reinforcement in the European programs and networks, an increase in assistance, reinforcement for access to the market, improvement of the abroad co-operation along the land and maritime borders of the EU. The action plans were negotiated and adopted formally by all the partner countries, with the exception of Algeria, Belarus, Libya and Syria. The action plans adopted can be consulted here.Top of Form Sub-committees control the implementation of the action plans, while the European commission works out the follow-up reports and the information cards.
4.5 A Partnership for Reform The European Union presents these action plans, equivalent to bilateral agreements, as partnerships for the reform since they are adopted jointly and since they give to each country the possibility of choosing until where it wishes to work with the EU and in which fields. The partnership intends to reward good progress. In its report on the EPV from November 2005, the Commission specifies that the action plan agreed upon with each partner is adapted to its needs and self capacitance, in accordance with the principle of the common appropriation.Top of Form The partnership is conceived in such way as to reward good progress by more incentives and advantages, which are completely distinct from any prospect of adhesion. Each country partner advances in its relation with the Union not only far but also as it has the capacity and the political will to implement the adopted priorities.
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The emergence of The Policy of Vicinity is deeply related to its own widening: the EPV constituting an attempt at answer to the concerns caused by the adhesion of 10 new Member States and the repercussions of such a Big Bang in terms of foreign relations2. Because the widening will not have been simply the result of an internal process with the EU but it will have also been a major geopolitical upheaval, with the scale of the continent. The European Union approaches its large Russian neighbor and this new coexistence causes new difficulties, with the image of the isolation of the Russian territory of Kaliningrad in the EU. The Belarus authoritarian regime, the tensions in Ukraine or the conflict in Transnistrie cannot be overlooked; they are henceforth at the doors of the EU. The new Policy of Vicinity is then based on a simple equation: at new borders and new neighbors, new challenges but also new opportunities.3 Opportunities emerge, the widening becomes for many the most effective instrument of the foreign politics of the EU. The European Policy of Vicinity is a policy based on the geographical proximity, covering a definite number of countries, it is distinct from the widening and does not offer an adhesion but a supposed co-operation and an integration reinforced in particular to materialize by a progressive participation in the inside market4 implying beforehand the adoption of a part of the community asset. The EPV insists on two new tools for the realization of its objectives: the action plans and the European instrument of vicinity and partnership (EIVP). The EPV pursues two main objectives: one is to share with the adjoining countries the benefit of the widening of the EU from 2004 to reinforce stability, the safety and the wellbeing of all of the populations concerned5. The other objective, to avoid the creation of
Jrme, BONIFACE, La politique europenne de voisinage, entre largissement et politique trangre, EIPASCOPE, 2007/1, p.25. 3 Commission des Communauts europennes, Communication de la Commission au Conseil et au Parlement europen, Politique europenne de voisinage document dòrientation, COM (2004), 373 final, Commission des Communauts europenne, Bruxelles, 12 May 2004, p.2. 4 Commission des Communauts europennes, Communication de la Commission au Conseil et au Parlement europen, Politique europenne de voisinage document dòrientation, COM (2004), 373 final, Commission des Communauts europenne, Bruxelles, 12 May 2004, p.3. 5 Idem
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new divisions between the widened EU and its neighbors6, firstly expresses a concern and notes implicitly that between widened Europe and its neighbors reigns already a line of demarcation. In concrete terms, the EU wishes to go over the policy of vicinity, to export its values, its model of integration and its standards so as to not import the problems of its immediate entourage, the eternal dichotomies opportunities/challenges openness/closeness, so to speak. This double ambition of the EPV directly echoes the European Strategy of Safety which recons that the European Union builds security in its vicinity and that the countries located at its borders are well controlled.7 The European Policy of Vicinity, such as it was defined by the Commission, covers a vast geographical space, comprising 16 active countries, from the Atlas to the Caspian Sea8. Top of FormThe case of Russia is a little more complex, initially integrated into the EPV, it finally declined the offers of the Union and preferred to maintain some strategic partnership like with the four common spaces decided during the Summit of Sankt Petersburg in 2003, badly imagining to be molten within a vast framework of co-operation where its specificity would not be sufficiently recognized. Russia nevertheless is covered by the new financial instrument of vicinity. The Policy of Vicinity is based on some important principles: the common appropriation of access, which stipulates that the priorities of action must be negotiated and discussed in common with the countries partners and not imposed directly by the Union on its neighbors9. Either of these priorities of action cannot be identical according to the countries, they are defined according to the capacities and needs of each partner, who very often, dont
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Idem Conseil de lÙnion europenne, Une Europe sre dans un monde meilleur. Stratgie Europenne de Scurit, Bruxelles, 12 December 2003, p.7-8. 8 Morocco, Algeria, Tunisia, Libya, Egypt, Israel, Jordan, Palestinian Authority, Syria, Lebanon, Armenia, Azerbaijan, Georgia, Ukraine, Moldavia, Byelorussia. The countries of the European free trade zone as well as the applicant countries are not concerned with this policy. It should also be noted that the three States of the South Caucasus had not initially joined the EPV, they did it in 2004, following the hope caused by the Revolution of Roses in Georgia and the attribution in Turkey of the title of candidate, making once again the prospect of vicinity with the three Caucasian southern republics (Armenia, Azerbaijan, Georgia) much more tangible. 9 Commission des Communauts europennes, Communication de la Commission au Conseil et au Parlement europen, Politique europenne de voisinage document dòrientation, COM (2004), 373 final, Commission des Communauts europenne, Bruxelles, 12 mai 2004, p.3.
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share like a singular common feature only a simple geographical proximity with the Union. The principle of distinguishing between the countries and adapting the priorities closest to each individual situation, this is the differentiation. The purpose of the EPV is also to offer to the already existing structures of co-operation an added-value; it proposes to go beyond the traditional foreign politics and traditional instruments of assistance, offering to the adjoining countries a participation in the activities of the EU, the interior market, the various community programs but also in certain policies of the second and third pillars, binding them in the same internal and external dimensions of the EU. It is a question for the EU of projecting in her immediate geographical environment its model and of making it adopt its standards and its values. It is obvious that in the questions concerning the mobility of the people but also with the liberalization of the trade, the EPV suffers from a still too unilateral definition of the priorities of action, reflecting more the concerns and the interests of the EU than those of her neighbors. The unsettlement of several conflicts frozen in the vicinity zone10 contradicts the great political ambitions posted by the EPV and raises the question of the confusion of competences and the areas of action: can the EPV, mainly implemented by the Commission and its delegations, deal with problems concerning the second pillar? In any case, the implemented means do not seem level with the required objectives; the EU seems to further undergo the frozen conflicts, which does not show the will to solve them, especially as Russia is strongly involved with most of these zones of tension, raising the broader question of the relations between the EU and Russia. The latter considers that the EU encroaches on her own vicinity and tends to perceive the European Union like a rival exerting a growing influence in its near abroad. The cold conflicts then represent possible sources of friction between the two units which push Brussels to act with an extreme prudence: the shared vicinity remains a source of ambiguity11 which the EPV does not manage to erase.
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Particularly the conflicts of Transnistria, Abkhazia, South Ossetia and Nagorno Karabakh. Andrei, ZAGORSKI, Russia and the shared neighbourhood, in Book of Chaillot, no.74: What Russia sees, Institut des Etudes de Scurit, Paris, January 2005, p.61
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The European Council is happy to congratulate itself that Russia reinstated its righteous place in the European family.12 The text insists on the common benefit that the EU and Russia can withdraw from their co-operation. The objectives are the following:
consolidation of the democracy, the Rule of law and the public institutions; integration of Russia in an economic space and social European common; co-operation in order to reinforce stability and safety in Europe and beyond; takings into account of common risks out of matters of environment, nuclear safety, stock management, energy policy or criminality abroad. The EPV is a policy which suffers from several structural weaknesses: it does not propose sufficiently clear prospects, remains ambiguous on the question of the adhesion and of the relations with Russia, and finally, it links the eastern and southern regions in a very artificial unit. The absence of a clearly defined prospect represents a heavy handicap in the eyes of the countries partners, anxious to know where the action plans carry out. A European agreement of vicinity had been mentioned in 2004 but in a vague way without any subsequently given precision. Since, the EU started negotiations with Ukraine on a new, reinforced agreement and gave up the use of the term agreement of vicinity, upon which Ukrainian authorities are wary because it does not answer their European aspiration sufficiently13. President Yushchenko, at the time of his official visit in the European institutions, in February 2005, repeated particularly that its objective was the adhesion with the Union, just like the Georgian president, Saakashvili14. And right there is one of the main ambiguities of the EPV: is the EPV only one alternative to the adhesion or does it represent a phase of pre widening? By addressing in the same manner to the countries of which the goal is to return on the terms of the EU like Ukraine, Moldavia or Georgia.
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Common strategy regarding Russia, European Council, Cologne, 4 June 1999. Jrme, BONIFACE, La politique europenne de voisinage, entre largissement et politique trangre, EIPASCOPE, 2007/1, p.28. 14 Brief Yushchenko: Ukraine aims to open EU entry talks in 2007, Thursday, 24 February 2005 at www.euractiv.com
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The ambiguous statute of Russia in the EPV and its mistrust regarding this policy which encroaches on its increasingly tensioned relations with the EU show an insufficient articulation between the Russian-European partnership and the EPV15. The question of a new agreement with Russia remains suspended and the negotiations risk to stumble mainly on the problem of the shared vicinity. The deterioration of the relations between the EU and Russia could involve fatal consequences for the other countries of the area, firstly Ukraine, but also in the separatist areas where Russia still has important action levers. The strategy regarding Ukraine has firstly taken the form of a non-formalized comprehensive policy contained in conclusions of the presidency of the EU, then of a joint position and finally of a common strategy. It marks a notable evolution in the control of the foreign policy of the EU, which proved that it could act in a direct, global way, and contribute with the United States to reduce the risks rising from the democratic transition. At the Corfu Summit (June 1994), the State and government heads invited the ministers to formulate, with respect to Ukraine, a global policy calling upon all the instrument array available, including possible common actions, on the basis of general orientation hereafter: support for the democracy and the economic reforms; promotion of relations of neighborliness between Ukraine and its neighbors; co-operation with Ukraine in the international enclosures in order to obtain the regional and international stability and the Pacific regulation of the disagreements; support for the entire implementation of the agreements of disarmament; acceptance by Ukraine of internationally allowed nuclear standards of safety, within the framework of a global energy policy.
5. Topic B: The fight against organized crime in the European Union To fully enjoy their freedom, the EU citizens should be able to turn to the courts and authorities of any Member State as easily as they do it in their home country. Meanwhile, it is necessary to ensure that criminals dont exploit the differences between the different national
15
Laure, DELCOUR, La politique de voisinage et les relations russo-europennes : partenariat stratgique ou lutte dìnfluence ?, Etudes europennes, 30 mars 2006, p.13.
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legal systems and that judicial decisions are respected and enforced throughout the European Union. This calls for a "cross border legal cooperation." For example, the judicial decisions taken in a Member State of the Union, whether they are civil or criminal, shall be recognized by the authorities throughout the Union. This principle, called "mutual recognition", may significantly affect the private life of a person in the case of alimony, divorce, visitation rights to children, financial problems (bankruptcy, unpaid bills, etc.), even in the case of criminal offenses. The elimination of borders within the European Union has boosted trade, industry and the free movement of citizens. But it has also opened new opportunities for organized crime that intends to operate in its own way the opening of the EU for suspicious activities, new methods of money laundering and trafficking of organs, but also new ways to evade prosecution. And there, for the EU, freedom goes too far and should make every effort to counter this perverse effects.
5.1. Cooperation in civil matters Private law issues of can be stressful and extremely complex within a single
jurisdiction. They become even more difficult to solve when they involve two or more legal systems, especially when families break up. The cross border judicial cooperation should be able overcome many of these obstacles. The basic principle is that the complexity or incompatibility of national administrative and judicial systems should not prevent or discourage citizens or companies to exercise their rights. The EU has adopted legislation on mutual recognition of judicial decisions in civil law regarding divorce, legal separation or marriage annulment. However, it does not yet cover every conceivable situation, so that the Commission intends to extend the objective of these provisions in 2005 (see box). The EU is also developing common procedures to simplify and expedite the resolution of border disputes concerning civil proceedings do not give rise to dispute and involving small amounts, and established minimum common rules relating to legal aid for civil disputes borders. A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 14
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5.2 Simplification of the border dispute resolution Consider the following situation. Paola Mennea meets Hans Schmidt while the latter is studying in Rome, the hometown of Paola. The couple gets married and has one son before settling in the country of origin of Hans, Germany. . Unfortunately, the marriage parts in shambles. Paola returns to Rome, where she undertakes a divorce and wants the custody of the child. How this border dispute Will it be treated? Under existing EU rules, an Italian court will deal with the divorce proceedings, provided that Paola has lived in Italy for at least six months before lodging his application. The Italian judge will also have jurisdiction to rule on custody of the couple's child, provided that the application has be made during the divorce proceedings. The community legislation also authorizes Paola to request, under a simplified procedure, that the courts decision should be recognized and enforceable in Germany, so it should not introduce a new action in front of the German court. The current rules apply to divorce proceedings (and legal separation and annulment of marriage). They also cover decisions regarding the custody of the child, only if they are made as part of divorce proceedings and concern the children born under the union of the spouses. This situation will change from 1 March 2005, when new regulations will replace the existing rules to cover all issues relating to custody of children to ensure equal treatment of all children.
5.3. Judicial cooperation in criminal matters The free movement within the EU is a major asset for law-abiding citizens. Unfortunately, criminals also benefit. Terrorism, cyber crime, drug trafficking and human trafficking are some of the more obvious forms that can take cross-border crime, to fight against these phenomena; the EU must count on common policies in criminal matters. The EU citizens should be aware that criminals can be prosecuted anywhere in the EU and where the offense has been committed. A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 15
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Judicial cooperation can help to formulate common definitions for certain serious offenses, to harmonize the different national laws and to set minimum penalties proportionate and dissuasive. The European Union aims to close legal loopholes operated by organized crime. The perpetrators of serious crimes should no longer be able to find any refuge. As for the enforcement of sentences and other judicial decisions, measures are being prepared that the judgments of the courts of a member state (Imposing fines, confiscating property or depriving offenders of certain rights) are applied throughout the Union. Once again, the system relies on the principle of mutual recognition of judicial decisions so that differences between national legal practices can no longer prevent offenders from being prosecuted.
5.4. The European arrest warrant and Eurojust The European Arrest Warrant, valid throughout the European Union since January 2004, aims to replace lengthy extradition procedures. The alleged offenders and convicts who fled abroad in order to escape justice can be quickly returned to the country where they were (or are) prosecuted. The warrant may be issued against any person charged with an offense punishable by imprisonment exceeding one year or has been sentenced to imprisonment of at least four months. One of the most significant advances in European judicial cooperation was the creation of Euro just in April 2003. Based in The Hague, Eurojust is composed of a team of judges and senior prosecutors from all EU Member States working together in the same building. They are in direct contact with their national authorities and share advice and information with their colleagues. Eurojust's mission is to help coordinate investigations and prosecutions in the field of large cross-border crime. This body works in close cooperation with Europol (the office of police coordination of the European Union), OLAF (European Anti-Fraud EU) and the European Judicial Network, a network of judicial authorities. A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 16
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5.5. Protect the rights in justice matters Catch criminals and bring them to justice is one thing, but a European area of justice must also ensure that the rights of the accused are properly protected. The accused must be entitled to legal advice and services of an interpreter if necessary. Rules and appropriate procedures must be defined in terms of evidence, remand and trial in the absence of the accused. In summary, the EU should agree on a set of common minimum standards on justice matters. The EU is also concerned about the victims. Legislation adopted in March 2001 provides certain minimum guarantees, which include the right to be heard, access to relevant information and the opportunity to participate in the lawsuit, to be reimbursed for legal fees, to receive an adequate level of protection and to receive compensation.
5.6. The financing of practical cooperation The European Union has launched a series of funding programs to help national authorities, professionals, academic staff and non-governmental organizations to cooperate in the fight against crime at the European level. A framework program for police and judicial cooperation in criminal matters (AGIS) was established in 2003 and runs until 2007. Its purpose is to create European networks, exchange information and disseminate best practices in criminal matters. A funding program for administrative cooperation in the field of surveillance of external borders, visa policy, asylum and immigration (ARGO) runs until 2006, as another program for judicial cooperation in civil matters. A new project to promote the integration of third country nationals in the EU (INTI) was launched in 2003. Yet another program, called Daphne, fight against all forms of violence against children, youth and women (its scope ranges from sexual abuse to domestic violence through school bullying).
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Citizens expect the European Union to take over the threats against their security and to protect them from terrorism and international organized crime. This requires close police and judicial cooperation in order to flush out criminals and their ill-gotten gains. Criminal organizations always exploit the weaknesses of legal and economic systems in which they operate and the European Union offers them a wide area within which they can move freely. Terrorists, drug barons, people traffickers, money launderers and fraudsters of all types act as if national borders did not exist. They can prepare a crime in one country, execute it in another and live in a third.
5.7. Tackling the drug culture Nobody knows exactly how many drug users account the European Union. Just for heroin, the total number of addicts is estimated at nearly one million. Between 7000 and 8000 people die each year to have used illicit substances. Different strategies are now in place to address the many issues related to drugs and a special agency of the EU, European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), provides information continuously. Drug trafficking knows no frontiers and new trends in drug use spread rapidly. The national police forces can tackle drug related crime by working together. Policymakers, health professionals and educators are more effective when they share their information and target funding at European level. This is why the EU has launched an action plan on drugs and has developed a coordinated strategy to assist local and national campaigns in this area. The police cooperate in the fight against traffickers and prevent drugs from arriving on the street. The EU works with countries around the world to encourage them not to grow crops that can be transformed into drugs. Increasingly, synthetic drugs are manufactured in the EU and the police are making huge efforts to locate and close the laboratories that produce them.
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Regarding public health, there are programs to prevent people not to be tempted by drugs or detoxify if they already take drugs. In addition, projects such as providing clean needles for heroin addicts are intended to reduce the risks associated with drug use.
5.8. Human trafficking The engagement of people in human trafficking activities, or as cheap labor force is a serious crime, which transgresses the fundamental rights of man and mocks human dignity. This constitutes an important revenue source for organized crime, which sometimes carries out its business under the cover of a perfectly legal enterprise. The benefits, thus, may appear as being in conformity with the law and they may serve to finance further illegal criminal activities or even to corrupt police officials. The EU, which has been creating a global strategy in this respect ever since 1996, has made a big step forward in 2002, when a common definition of human trafficking activities has finally emerged. This definition has, from that point on, been used within all member states of the enlarged EU and, in certain cases, this crime is punishable by at least 8 years of imprisonment. The work of the EU is based on ideas largely derived from the Declaration of Brussels (September 2002), which recommends concrete measures, norms and the best practices to be employed, with a view to eradicating this sort of exploitation of extreme poverty. The trafficking of human organs and tissues constitutes, as well, a type of human trafficking. This represents a very profitable endeavor for criminal organizations, which practice it only beyond national frontiers. The EU has firmly engaged itself in the fight against this serious violation of human rights and dignity. Based on the aforementioned framework-decision, EU member states are expected to punish criminal acts involving the commerce of human organs and tissues. The trafficking activity does not solely include the extraction and subsequent selling of organs and tissues, but also their transportation, import, export and even storage.
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The transplantation of organs or tissues will be, by the same token, deemed illegal, if a person finds themselves compelled or downright forced to give away one of their kidneys or, for instance, if they are offered by the traffickers, in exchange for their organs or tissues, attractive prices, which they are bound to accept, given their desperate financial situation. The illegality rests as valid whether we are referring to blackmailing activities, or even when we are talking about organs or tissues extracted from deceased people who have not explicitly granted their permission for such actions while they were living. The European Parliament has not allowed doubt to shadow its fierce opposition to human trafficking, by decidedly adopting the project for the framework decision against the trafficking of human organs and tissues. Nevertheless, in spite of this massive support, some members of the EP have voiced concerns regarding certain major modifications. To the latter, the document must necessarily have stressed the risk that human trafficking engenders for the public health. What those members claimed, in fact, was that people who fell victims of the extraction of organs or tissues with the purpose of trafficking them, either voluntarily, as a result of dire economic constraints, or forcibly, under psychological terror or violence, do not fully grasp the entire range of risks of disease contraction they are submitting themselves to, on account of the lack of clear information in the field. In much the same manner, the receiver of organs or tissues, which have been circulated by means of human trafficking, is equally submitting themselves to enormous risks concerning their health, risks which may, in some cases, even amount to death. However, careful not to discredit the transplantation of organs and tissues in general, the EP members insisted that the framework-decision envisaged make, at all times, specific reference to the illegal, and not legal, transplantation of organs and tissues. Truth be told, the distinction between the two types of transplantation must be clear. The fact of the matter is that this type of illegal trafficking will bear no more profits for criminal organizations, once the legal framework for transplantation of organs and tissues is established and fully developed. Consequently, what EP members would have liked was to encourage the donation of organs on a wider scale, so as to turn it into a current practice of the civil society. One step A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 20
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in this direction would be the encouragement of European campaigns of awareness in the field. The framework-decision was adopted in 2002 and the purpose of its being merged within national dispositions on the matter until 2004 was reached. In 2008 the frameworkdecision was being presented in the Official Journal.
5.9. Money laundering Money laundering is the corollary of the biggest part of criminal activity, given the fact that income obtained as a result of criminal activity is laundered, so as to conceal its illegal character. The dimension of this problem is indeed great. According to the International Monetary Fund, approximately between 2 5 per cent of the global gross domestic product represents laundered capital. The Union has adopted a series of measures to combat money laundering. At the end of 2000, it has paved the way for cooperation between national offices charged with financial matters. This initiative has been, little after, followed by a legislation on the identification, discovery, freezing and confiscation of capital originating in criminal activity. Another legislative instrument relative to the fight against money laundering, adopted in December 2001, has extended the definition in order to cover all the serious crimes and delinquencies, including those connected with terrorism. This legislation does not have under its jurisdiction solely banks and financial establishments, as was the case for the initial measures, it also refers to expert accountants, lawyers, solicitors, real estate agents, casinos and sellers of high-value items. From this point on, all the people within these categories have to declare all transactions the authorities have reason to consider suspicious. In the fight against money laundering, the Unions legislative arsenal is able to engage two crucial instruments. One of them, which has already been adopted and coordinated with national law, is aimed at countering the illegal detour of funds in the financial sector, whereas the other is to activate cooperation between customs authorities, so as to render illicit financial transactions impossible.
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In order to protect the financial system from illicit transactions, the European Union has toughened certain essential elements within the directive on money laundering, which has been in force since 1991. The new legislative framework does not only refer to laundering connected to drug trafficking, but also, all other types of trafficking, especially the financing of terrorist activity. By contrast with the old directive, another difference refers to a larger circle of people being now asked to declare their activities, each time one of their clients will be under the suspicion of recourse to the formers services, in order to do money laundering. In conformity with the accord being applied during conciliation procedure, these professionals will be able to inform their clients of the submission of this information to the relevant authorities. As regards the controversy of the inviolability of the professional secret of lawyers, the EP members have decided that the professional secret principle shall be maintained in all other cases, except for those involving money laundering activities.
5.10. Police forces and customs cooperation The cooperation in the field of police force and customs is an essential aspect of the fight against international organized crime. A taskforce of European police chiefs has been created, with a view to realizing tighter liaisons among responsible authorities of the various police forces, while the European Police College (CEPOL), recently created, proposes an European institution for high police functionaries. Cooperation among national police forces is not limited to the fight against criminality. It also manages large scale sports events, and especially international football matches, which attract the participation of hooligans. Police services often find themselves in politically delicate situations, in particular when they are tracing suspects on the territory of another state. The cooperation agreements may refer to the right of pursuit, trans-boundary surveillance, secret investigations and A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 22
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dispositions concerning the exchange of technical goods and common investigation teams. The convention on mutual assistance and cooperation between customs administrations is meant to guarantee that customs officials are able to handle trans-boundary infractions.
5.11. EUROPOL Established at the Hague, EUROPOL is, essentially, a centre for the coordination of police affairs and charged with collecting, analyzing and disseminating information, with the purpose of contributing to simultaneous investigations being led in two or more member states of the European Union. EUROPOL has in its service an important IT database, which facilitates the discovery of suspects and stolen objects through the fact that it offers police officers instant access to millions of shared files. This database is linked with electronic goods which are part of the information system of Schengen (SIS) and which offers police and customs authorities access to an enormous quantity of information. The initial mission of EUROPOL in 1994, was to coordinate national operations of fight against drug trafficking. This has been extended to cover automobile theft, kidnapping, and clandestine immigration networks, the sexual exploitation of women and children, pornography, counterfeit, and the illegal commercialization of radioactive and nuclear substances, terrorism, money laundering and the counterfeit of the euro.
5.12. Prevention of criminality and the fight against terrorism The day-to-day prevention of criminality is a task which engages local, regional and national authorities, alike. The general prevention of criminality at the European level is centered on the support of the aforesaid authorities in their activities against juvenile delinquency, urban criminality, and drug criminality. These types of criminality represent a rather high percentage of infractions and have a direct bearing on the quality of peoples lives. An European network of prevention of criminality (EUCPN) has been instituted, with the purpose of identifying the priorities of the Union, developing and exchanging the most A: 36-46, Mihail Kogalniceanu Av., Mihail Kogalniceanu Student Dormitories, Dormitory B, room 122B E: office@bismun.ro W: www.bismun.ro Ph: 0213104264 23
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adequate practices in the field, as well as supporting various local, national and European initiatives. We can all recollect the awful terrorist attacks of 11 September 2001, on American soil. Europe and Europeans have likewise been targets of terrorist attacks and there is, presently, a common will to overcome these evils. In the past, certain countries have adopted specific legislation in what concerns terrorism, while others have treated it as a common crime. The fact that we, today, have at our disposal a common framework greatly facilitates the police service and customs cooperation. In order to ensure that terrorist acts will be punished similarly throughout the entire European Union, national sanctions are on the way to harmonization, as regards respecting the principle according to which punishments must be, at once, proportionate and deterring. The European legislations came up with a list of serious infractions, such as acts against life and physical integrity of human beings, kidnapping, hostage-taking or plane hijacking, which are considered as being terrorist acts, so far as they serve an intentional specific terrorist purpose. European Union member states are to engage themselves in the pursuit of terrorist acts committed on their respective territories, or perpetrated by one of their foreign nationals or residents, against their populations. At the same time, the respect for the fundamental rights of man, such as the liberties of association and expression, are expressly guaranteed and all dispositions refer specifically to the protection of victims of terrorism16.
6. Bibliography Andrei, ZAGORSKI, Russia and the shared neighbourhood, in Cahier de Chaillot, no.74: What Russia sees, Institut des Etudes de Scurit, Paris, January 2005. Laure, DELCOUR, La politique de voisinage et les relations russo-europennes : partenariat stratgique ou lutte dìnfluence ?, European studies, 30 March 2006.
European Commission, Directorate-General of the Press and Communication, LEurope en mouvement, manuscript concluded in January 2004.
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Jrme, BONIFACE, La politique europenne de voisinage, entre largissement et politique trangre, EIPASCOPE, 2007/1. Council of the European Union, Une Europe sre dans un monde meilleur. Stratgie Europenne de Scurit, Brussels, 12 December 2003 European Commission, Directorate-General of the Press and Communication, LEurope en mouvement , Manuscript concluded in January 2004 Commission of the European Communities, Communication of the Commission to the Council and the European Parliament, the European Policy of Neighbourhood, Document of Orientations, COM (2004), 373 final, Brussels, 12 May 2004.
Brief Yushchenko: Ukraine aims to open EU entry talks in 2007, Thursday 24 February 2005 on www.euractiv.com Site of the European Parliament, LIBE Committee,
http://www.europarl.europa.eu/activities/committees/presCom.do?language=FR&bod y=LIBE.
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BISMUN 2012 STUDY GUIDE - EP Committee on Civil Liberties, Justice and Home Affairs (LIBE) Topic A: The European

Neighbourhood Policy between the European

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Open your mind, Improve our world Table of Contents

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

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Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

Open your mind, Improve our world

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