Glossary of Institutions, policies and enlargement of the European Union
(Starting with "J")
©
European Communities, 1995-2007
http://europa.eu/scadplus/glossary/index_en.htm
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Joint
action (CFSP)
Joint action, which is a legal instrument
under Title V of the Treaty on European Union (common
foreign and security policy, CFSP), means coordinated
action by the Member States whereby all kinds of resources
(human resources, know-how, financing, equipment,
etc.) are mobilised in order to attain specific objectives
set by the Council, on the basis of general guidelines
from the European Council.
For reasons of simplification, the
European Constitution, which is in the process of
being ratified, restricts CFSP instruments to European
decisions and international agreements. Once the Constitution
enters into force, joint action and the implementation
of such action will therefore be based on European
decisions (non-legislative instruments) adopted by
the Council of Ministers.
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Joint
position (Title VI of the EU Treaty)
The joint position was introduced
by the Treaty of Maastricht under the heading of cooperation
in the fields of justice and home affairs. The Treaty
of Amsterdam retains this instrument in the new Title
VI of the EU Treaty (police and judicial cooperation
in criminal matters).
The joint position is a legal instrument
enabling the Council to define the Union's approach
on any specific issue. Member States are required
to give full effect, both domestically and in foreign
policy, to decisions adopted unanimously in meetings
of the Council.
The European Constitution, which is
in the process of being ratified, envisages abolishing
the third pillar and gradually replacing the existing
joint position with European laws and framework laws.
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Judicial
cooperation in civil matters
In a genuine European Area of Justice,
individuals and businesses should be free to exercise
their rights fully. The main objective of judicial
cooperation in civil matters is to improve collaboration
between Member States' authorities in order to eliminate
all obstacles stemming from incompatibility between
the various judicial and administrative systems (mutual
recognition and enforcement of foreign judgments,
access to justice and harmonisation of national legislation).
As early as 1993, the Maastricht Treaty
included judicial cooperation in civil matters in
its Title VI. The Amsterdam Treaty transferred judicial
cooperation in civil matters to Title IV of the EC
Treaty (new Article 65). It thus "communitised" judicial
cooperation in civil matters and included it in the
area of freedom, security and justice (AFSJ). However,
this is only partial during a five-year transition
period (Article 67 of the EC Treaty) since the Commission
shares the right of initiative with the Member States,
the European Parliament is merely consulted and unanimity
is the main basis for decisions in the Council.
Until the Amsterdam Treaty, judicial
cooperation in civil matters essentially took the
form of conventions. Thanks to the communitisation
of this field, most of the conventions have been modernised
and converted into regulations, thus giving the Court
of Justice jurisdiction to interpret them.
The Tampere European Council (October
1999) made the principle of mutual recognition of
judgments the true cornerstone of judicial cooperation
in both civil and criminal matters within the European
Union.
With the entry into force of the Treaty
of Nice in February 2003, the decision procedure in
Article 67 was replaced by qualified-majority voting
and the codecision procedure with regard to judicial
cooperation in civil matters, with the exception of
family law.
The European Constitution, which is
in the process of ratification, provides for the addition
to Article III-269 of a paragraph enabling the Council
of Ministers, acting unanimously, to extend the ordinary
legislative procedure to certain aspects of family
law (bridging clause).
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