European Criminal Justice - EJTN

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EJTN training guideline in European Criminal Justice - Update 2011D2) RegionalD3) NationalD4) Trans-nationalD5) EU-wideA training event that is either a basic seminars or a specialised seminarsfocussing on the national implementation of a European law should preferablybe held at district, regional, or national level, depending both on whether anation-wide approach is required as well as on mere practical reasons such as thesize of a country and number of trainees.Especially with regard to criminal justice in the EU, cross-border cooperation isbecoming more and more important. Especially workshops, but also basic andspecialised seminars that are held at trans-national level, can provide immenseadded value. They further understanding of the problems within and betweendifferent EU legal systems, enhance mutual trust and provide a network ofcontacts.9
EJTN training guideline in European Criminal Justice - Update 2011Chapter AGeneral EU Law From The EuropeanCriminal Justice AngleI. The European system1. IntroductionThe European Judicial System has seen new light with the coming-into-force ofthe Lisbon Treaty on 1 December 2009. The Lisbon Treaty now is the latestconsolidated version of the EU treaties replacing the Nice Treaty to govern theway in which the EU operates. It is composed of two treaties: the "Treaty onEuropean Union" and the "Treaty on the Functioning of the European Union".The Lisbon Treaty is intended to make the EU more adapted to its growing sizeand to the cross-border challenges which it is increasingly facing. It also aims atensuring more democracy in the EU by enhancing the role of the EuropeanParliament and that of national parliaments, it creates the positions of Presidentof the European Council and High Representative for the Union in ForeignAffairs and Security Policy, it sets up a European External Action Service tosupport the High Representative, etc.The Treaty also brought by the greatest reform that the area of police andjudicial cooperation in criminal matters has seen since the Maastricht Treaty of1992. Changes brought by the Lisbon Treaty include: The EU's three pillars are abolished in favour of a single structure. Thisbrings the whole of Justice and Home Affairs back together. Formerly intwo different pillars, asylum, immigration, visa policy, border control,judicial cooperation in civil matters, and police and judicial cooperation incriminal matters can be found under "Title V – Area of Freedom, Securityand Justice" of the Treaty on the Functioning of the European Union. The right to propose legislation now belongs either to the Commission ora quarter of the member states. Unanimity voting in the Council and mere consultation of the EuropeanParliament have been largely replaced by 'qualified majority' voting in theCouncil and co-legislation ('co-decision') between the Council and theEuropean Parliament. New legislative acts will be adopted as regulations, directives or decisions,instead of framework-decisions and decisions before the Lisbon Treaty. The European Court of Justice gains additional powers.However, certain exceptions to qualified majority and co-decision remain. Forinstance, the possibility of setting up of a European Public Prosecutor's Officerequires unanimity in the Council and the European Parliament's consent. Also,measures concerning operational cooperation between police authorities,10
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European Criminal Justice - EJTN

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