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Police and judicial cooperation in criminal matters

The glossary is being updated given the recent signing of the Treaty of Lisbon.

Within the area of freedom, security and justice, the aim of police and judicial cooperation in criminal matters is to ensure a high level of safety for EU citizens by promoting and strengthening speedy and efficient cooperation between police and judicial authorities (Article 29 of the Treaty on European Union). Police and judicial cooperation is dealt with in Title VI of the EU Treaty (third pillar) and its aim is to prevent and combat racism and xenophobia and also organised crime, in particular terrorism, trafficking in human beings, crimes against children, drug trafficking, arms trafficking, corruption and fraud.

Police and judicial cooperation in criminal matters takes the form of:

  • cooperation between national police forces;
  • cooperation between national customs services;
  • cooperation between national judicial authorities.

It is implemented mainly via agencies set up by the European Union under the third pillar (Eurojust, Europol and the European Judicial Network).

Cooperation under Title VI also involves the approximation of rules on criminal matters in the Member States and the development of mechanisms for the mutual recognition of judicial decisions in criminal matters.

In addition, such cooperation is conducted by intergovernmental arrangements, the powers of the European Commission, the European Parliament and the Court of Justice of the European Communities being limited in favour of the Council of the European Union and the Member States.

Initially, Title VI of the EU Treaty, introduced by the Maastricht Treaty, contained provisions establishing cooperation on justice and home affairs. The Treaty of Amsterdam, however, reduced the number of matters covered by Title VI by transferring a number of them to the Treaty establishing the European Community (first pillar), specifically to Title IV: "Visas, asylum, immigration and other policies related to free movement of persons". The provisions on police and judicial cooperation in criminal matters remain in Title VI of the Treaty on European Union. Title IV of the EC Treaty and Title VI of the EU Treaty thus together form the legal basis for an area of freedom, security and justice.

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