Framework decision

A framework decision was a decision of the Council of the European Union , which was taken within the framework of the 3rd pillar ( police and judicial cooperation in criminal matters ) on the basis of Articles 29–42 of the EU Treaty in the version before the Lisbon Treaty . The framework decisions that have already been adopted continue to apply as such until they are amended in accordance with the Treaties as amended by the Treaty of Lisbon. In particular, the powers of the European Court of Justice with regard to the framework decisions until they are amended for the first time must continue to be assessed according to the provisions of the treaties in the version provided before the Lisbon Treaty. This transitional provision will expire five years after the entry into force of the Lisbon Treaty .

Framework decisions served or serve to harmonize the legal and administrative provisions of the EU member states . They thus corresponded to the guidelines under the 1st pillar ( European Communities ). They are therefore binding on the Member States with regard to the goal to be achieved; they set a framework. However, it is up to the Member States how and in what form they want to achieve the objective of a framework decision. In contrast to "normal" decisions, framework decisions are not immediately effective.

The framework decision was adopted without the consent of the European Parliament . Although the Council had to consult Parliament before taking a decision, it was not bound by Parliament's opinion. The decision in the council had to be made unanimously. However, since the Treaty of Lisbon , matters relating to police and judicial cooperation in criminal matters have been passed through the ordinary legislative procedure with the full participation of the European Parliament .

The European Court of Justice decides on the legality, effectiveness and interpretation of framework decisions . Only the European Commission and the individual EU member states have legal standing , not the European Parliament.

Examples

The European arrest warrant was created through a framework decision.

Originally, the council also wanted to introduce the controversial data retention of telecommunications data by means of a framework decision. However, the European Parliament expressed strong concerns about the legality of such a framework decision and called for parliamentary participation. After the Commission agreed with Parliament, the Council abandoned its plan. Data retention was then introduced through a directive . The choice of this instrument has been upheld by the European Court of Justice, following a referral from Ireland, in case C-301/06.

literature

• Christoph Schönberger: The framework decision. Union secondary law between international law and Community law . In: ZaöRV . Vol. 67, Part. 2, 2007, pp. 1107-1139.
• Werner Schroeder : News from the framework decision - a binding legal act of the EU . In: European law (EuR) . 42nd vol., H. 3, 2007, ISSN  0531-2485 , pp. 349-369.

Web links

• All applicable framework decisions (Council Framework Decisions) - so-called JAI-Acquis, created by the EU Commission, DG Justice, Freedom and Security (status: October 2009; PDF file; 505 kB)
• Overview of the EU Commission of the draft framework decisions that are currently in the consultation process - areas:
  • "Police Cooperation"
  • "Organised crime"
  • "Criminal justice"
  • "Privacy"

Individual evidence

1. ↑ See Articles 9 and 10 of the Protocol (No. 36) on the Transitional Provisions Consolidated Version of the Treaties .