Framework decision

A framework decision was a kind of legislative act of the European Union used exclusively within the EU's competences in police and judicial co-operation in criminal justice matters. Framework decisions were similar to directives in that they required member states to achieve particular results without dictating the means of achieving that result.[1] However unlike directives, framework decisions were not capable of direct effect,[1] they were only subject to the optional jurisdiction of the European Court of Justice[2] and enforcement proceedings could not be taken by the European Commission for any failure to transpose a framework decision into domestic law.

Framework decisions were created in the Amsterdam Treaty and replaced joint actions which were legal instruments available under the Maastricht Treaty. The Lisbon Treaty abolished framework decisions and the EU can now enact directives and regulations in the area of criminal justice by means of the ordinary legislative procedure.

Legal basis

The legal basis for framework decisions was Article 34 of the Treaty on European Union. As amended by the Treaty of Nice and before being repealed by the Lisbon Treaty this Article read:

Article 34

2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may:

...

(b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect; ...

The continued basis for framework decisions is set out in transitionary provisions of the Lisbon Treaty. Article 9 of the Protocol on Transitional Provisions provides that:

The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.

Jurisdiction of the European Court of Justice

The European Court of Justice only had jurisdiction to make preliminary rulings on the interpretation of framework decisions when a member state made a declaration under the (pre-Lisbon) Treaty on European Union indicating the circumstances in which the Court could exercise such a jurisdiction. All member states except Ireland and the United Kingdom made such a declaration.

The European Commission could not bring enforcement proceedings against member states for failing to implement a framework decision or for implementing it incorrectly. Although the Court did have jurisdiction to resolve disagreements between member states concerning the interpretation of framework decisions and to hear annulment proceedings regarding their validity.

As of the coming into force of the Lisbon Treaty the status quo ante regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force.[3] After the transitional period has expired on 30 November 2014, preliminary rulings and enforcement proceedings have become possible.

United Kingdom opt-out

However the United Kingdom negotiated an opt-out from the continued legal force of framework decisions which it may put into effect no later that six months before the expiry of the transitional period by so notifying the Council of the European Union. In October 2012 the UK government announced that it intended to exercise this opt-out and then selectively opt back into certain measures.[4] Unless this decision is reversed, all framework decisions which are not amended during the transitional period but which are still in force will cease to apply to the UK from 1 December 2014.[5]

List of framework decisions

The following is an exhaustive list the 34[6] framework decision which were adopted between 1999 and 2009:

See also

Footnotes

  1. 1 2 Lebeck, Carl, Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions after Pupino, 8(5) German Law Journal 501 at 507.
  2. ↑ Article 35 of the Treaty on European Union (Treaty of Nice Version) (OJ C 325, 24 December 2002, p 1).
  3. ↑ Article 10 of the Protocol on Transitional Provisions attached to the Treaty of Lisbon.
  4. ↑ Peers, Steve. "The UK's planned 'block opt-out' from EU justice and policing measures in 2014" (PDF). Statewatch. Retrieved 18 January 2013.
  5. ↑ Article 10(4) of the Protocol on Transitional Provisions attached to the Treaty of Lisbon.
  6. ↑ Peers, Steve (2011). EU Justice and Home Affairs Law (3rd ed.). Oxford University Press. p. 27. ISBN 978-0-19-960490-6.
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