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Justice and home affairs after the Stockholm Programme

The past 15 years have brought some major developments in the area of freedom, security and justice with the adoption of a large number of legal instruments covering a wide range of subject matters and procedures. The European Commission has brought forward more than 50 initiatives in this area in the last four years.

Justice and home affairs after the Stockholm Programme

© only4denn / Fotolia

The first multi-annual programme in the justice and home affairs area, The Tampere Programme , was adopted in 1999. The Hague Programme followed in late 2004 after the biggest enlargement of the European Union when ten countries joined the EU on 1 May of that year. The current Stockholm Programme that witnessed the entry into force of the Lisbon Treaty is coming to an end this year and a new strategic vision is needed to give long-term guidance to future justice and home affairs policies towards 2020.

Large debates on what will replace the Stockholm programme have been held for several years. There is a general view that the post-2014 programme should be guided by a “less is more” principle, aiming at the evaluation and improvement of existing legal instruments, allowing the legal practice time to adjust to the new legal situation, rather than creating a detailed programme of new measures.

In March 2014, the European Commission adopted a new framework for addressing systematic threats to the rule of law in any of the EU Member States (MS) that will be complementary to infringement procedures and to the so-called ” Article 7 procedure” of the Lisbon Treaty and unveiled its vision for the future of EU justice policy.

The next few days and weeks will be decisive for the future of EU Justice and Home Affairs policy. Strategic Guidelines for legislative and operational planning in the area of freedom, security and justice (pursuant to Article 68 TFEU ) that will set the framework for a future implementing programme adopted by the European Commission are expected to be defined in the June European Council meeting.

This EPRS keysource summarises in these decisive moments the achievements of the Stockholm Programme and provides an overview of various perspectives on the future development of the field of justice and home affairs in the European Union.

Analysis

The next multi-year EU Justice and Home Affairs programme. Views of the Commission and the Member States / Steve Peers. – Statewatch, 12 March 2014

The main objective of the analysis written by Steve Peers is to summarise the views of the MS and the European Commission in order to assess the likely shape of the next Justice and Home Affairs programme. The author considers the European Commission’s views broadly consistent with the opinions of most MS, although, as he says, the Commission’s plans are more ambitious than some states would like.

Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming / Sergio Carrera and Elspeth Guild. – Justice and Home Affairs, Liberty and Security in Europe Papers, 14 December 2012

The authors put the EU´s policy and legislative multiannual programming in the area of freedom, security and justice in a post-Lisbon Treaty landscape into a broader perspective. Is the Stockholm Programme actually relevant? Does the EU need a new multiannual programme for the period 2015-2020?

The future of the area of freedom, security and justice / Yves Pascouau. – European Policy Centre, 23 January 2014

The report prepared by the Post-Stockholm Programme Task Force set up by the European Policy Centre recommends the European Council to postpone the adoption of the strategic guidelines to June 2014 in order to define political guidelines within the area of freedom, security and justice on the basis of a large and well informed debate of all relevant stakeholders. The report also identifies current shortcomings and appropriate policy measures to move ahead and call for strategic guidelines understandable for all citizens.

“The Stockholm programme: what’s next?”/ European Policy Centre, 11 July 2013

The discussion paper prepared by the European Policy Centre explores possible scenarios regarding the adoption of new guidelines for legislative and operation planning within the area of freedom, security and justice and addresses key issues and proposals for further steps under four specific topics: immigration, asylum and integration; internal security and criminal justice; civil justice; and so-called “transversal issues” including external dimension, human rights and data protection.

The next Justice and Home Affairs Programme: everything changed, so nothing can change? / Henri Labayle and Emilio De Capitani. – EU Law Analysis, 19 May 2014

The authors of the article criticise the Greek Council Presidency proposals for the future European Council on the next multiannual programme in the area of freedom, security and justice. Henri Labayle and Emilio De Capitani argue that the perspective proposed by the Council Presidency looks disconnected from reality.

The new guidelines for the Area of Freedom, Security and Justice: some critical comments / Emilio De Capitani, 18 June 2014

The author of the article expresses his scepticism about the long awaited guidelines which will shape the future of the EU area of freedom, security and justice for forthcoming five years.

The seven sins of Stockholm / Hugo Brady. – Centre for European Reform, 1 March 2010

Hugo Brady reasons against the current multiannual programme in the area of freedom, security and justice by stating the so-called seven sins of the Stockholm Programme that according to the author of this article lacks any real strong ideas.

Cross-border crime in EU Member States

Where Should the European Union Go in Developing Its Criminal Policy in the Future? / Hans G. Nilsson. – EUCRIM 2014/1, p.19

Hans G. Nilsson identifies areas where the European Union should continue its work on the EU criminal policy. The article was published in the 2014/1 edition of Eucrim with focus on future development of EU Criminal Law after the Stockholm Programme.

Cross-border crime and corruption in Europe: What next after the Stockholm Programme? / Friends of Europe

Participants of the policy roundtable ‘Cross-border crime and corruption in Europe: What next after the Stockholm Programme?’ held in Berlin in January 2014, were discussing practical steps and actions that can be taken when dealing with organised crime and corruption in the EU for the next five years. One of the key recommendations addressed to EU institutions in the field of home affairs was to concentrate on the implementation and enforcement of existing legislation, rather than creating new laws, with a concentration on prevention and education.

The Post-Stockholm Programme – What Role For Europe’s Police Forces? / Anna Nellberg. -Friends of Europe, 24 February 2014

Cybercrime, trafficking and cross-border organised crime are new threats facing EU countries. Anna Nellberg, the president of the European Confederation of Police, discusses the priorities in the area of Freedom, Security and Justice from the perspective of Europe’s police forces. The author calls for a Post-Stockholm programme that ensures that necessary tools and resources are available to police such as sufficient policing capacity, zero corruption, and adequate financial support. In doing so, the author opens a debate on the negative impact of the recent economic crisis and police budget cuts on EU internal security.

EU Migration Policy

A Descriptive Analysis of the Impacts of the Stockholm Programme 2010 – 2013 / European Commission, May 2014

The recent report produced by the European Migration Network provides a descriptive analysis of the situation in the fields of migration, international protection and trafficking in human beings in the EU member states.

From Lampedusa to the Post-Stockholm Programme: Difficult European solidarity in the field of migration / Corinne Balleix. – European Policy Brief, March 2014

The tragic events off the coast of Lampedusa in October 2013 aroused debate on the efficiency of EU migration policy. Corinne Balleix puts her perspective on the future developments in the field of migration after the Stockholm Programme. The author calls for stronger solidarity and fair sharing of responsibilities with third countries.

Stakeholders’ views

European Commission

Justice past, justice present and justice future – three messages to the European Council / Viviane Reding. – European Commission, 20 June 2014

‘By 2020, a true European area of Justice should exist. Citizens and businesses deserve nothing less,’ said the vice-president of the European Commission Viviane Reding at the Centre for European Policy Studies on 20 June 2014.

A new Rule of Law Initiative / Viviane Reding. – European Commission, 11 March 2014

Viviane Reding’s speech on the 11 th of March 2014 presenting the new rule of law framework and the Commission’s vision for the future of justice in the European Union. The proposed EU Rule of Law Mechanism could be best described as a pre- Article 7 procedure that follows three different stages and is based on three fundamental principles. The Commission also identified three main challenges for the future EU justice policy: trust, mobility and growth.

The future EU Justice and Home Affairs agendas: Questions and Answers / European Commission, 11 March 2014

The paper published by the European Commission summarises the main achievements in the area of justice and home affairs in the past five years and describes political priorities that were set out by Commission´s communications on 11 March 2014.

European Parliament

Report on the mid-term review of the Stockholm Programme / European Parliament, 4 March 2014

Report on the mid-term review of the Stockholm Programme presented to the European Parliament in the plenary session on 4 March 2014.

Towards the negotiation and adoption on the Stockholm programme’s successor for the period 2015 – 2019 / Henri Labayle. – European Parliament, 2013

The study conducted by the Directorate-General for Internal Policies of the European Parliament analysing the mid-term evaluation of the Stockholm Programme.

European Data Protection Supervisor

Opinion of the European Data Protection Supervisor on the future development of the area of freedom, security and justice / European Data Protection Supervisor, 4 June 2014

The contribution of the European Data Protection Supervisor to the discussion on the further development of the EU policies in the area of freedom, security and justice calling for a fuller integration of privacy and data protection into the activities of EU institutions.

Council of the European Union

Stockholm Programme mid-term review / Council of the European Union, 13 November 2012

The mid-term review of the implementation of the 2009 Stockholm Programme made by the Council of the European Union in November 2012. The Cyprus Presidency of the Council of the European Union points out that in some areas, progress is lagging behind either due to the lack of European Commission’s proposals or due to certain delays in the adoption/implementing phase.

Discussion Paper on the future development of the JHA area / Council of the European Union, 16 October 2013

The discussion paper on the future development of the justice and home affairs area prepared by the Lithuanian presidency of the Council of the European Union.

The future development of the JHA area – Written contribution from MSs / Council of the European Union, 13 December 2013

The summary of the preliminary considerations by MS on the future development of the Justice and Home Affairs area together with a compilation of their comments.

Council of the Notaries of the European Union

Position of the Notaries of Europe on the Post-Stockholm Programme / Council of the Notaries of the European Union, 21 November 2013

The Notaries of Europe express their opinions on a variety of matters which they believe will be of priority interest to the EU citizens in the years to come.

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Discussion

2 thoughts on “Justice and home affairs after the Stockholm Programme

  1. I am disappointed to see that the EDPS opinion is not included in your list: https://secure.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/Consultation/Opinions/2014/14-06-04_Future_AFSJ_EN.pdf

    Like

    Posted by Anna Buchta | June 25, 2014, 15:11

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The content of all documents (and articles) contained in this blog is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Copyright © European Union, 2014. All rights reserved

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