Communication from the Commission to the European Parliament and the Council - An area of freedom, security and justice serving the citizen
Date: 2009-06-10
Institutions: European Commission
Subjects: EU police cooperation, European judicial area, European political cooperation, Treaty on European Union, fundamental rights, immigration, public safety

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2009 
COM (2009) 262 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

An area of freedom, security and justice serving the citizen 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

An area of freedom, security and justice serving the citizen 

Wider freedom in a safer environment 

1. 

Introduction 

People want to live in a European Union that is prosperous and peaceful, where their rights 
are respected and their security protected. They want to be able to travel freely, and to move 
temporarily or permanently to another European country in order to study, to work, to found a 
family,  to  set  up  a  business  or  to  retire.  But  they  are  disturbed  to  see  that  the  context  of 
stability and security that has prevailed in Europe in recent years is threatened by worldwide 
developments. 

The  economic  and  political  difficulties  facing  the  European  Union  and  the  world,  and  the 
complex challenges of the future, call for solutions that are global and lasting. At a time when 
mobility  is  growing  on  a  worldwide  scale,  Europeans  are  entitled  to  expect  effective  and 
responsible action at European level in areas that affect them so strongly. 

Towards a citizen’s Europe in an area of freedom, security and justice 

Freedom, security and justice are key values that form an integral part of the European model 
of society. They are a cornerstone of European integration. The Union has already succeeded 
in providing its citizens with a single market, economic and monetary union, and the capacity 
to  meet  global  political  and  economic  challenges.  It  has  also  made  substantial  progress 
towards an area of freedom, security and justice; the priority now has to be to put the citizen 
at the heart of this project. 

Substantial progress made 

The Maastricht Treaty brought justice and home affairs into the European Union framework: 
they  had  previously  been  dealt  with  only  at  intergovernmental  level.  Since  then  justice  and 
home  affairs  have  experienced  a  steady  increase  in  the  degree  of  integration  between 
Member States  and  in  the  role  of  the  European  Parliament  and  of  the  Court  of  Justice.  The 
consolidation of these policies, which are of fundamental importance to the ordinary citizen, 
was given strong political impetus by the Tampere and Hague programmes. 

There have been numerous successes in the last ten years: 

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The  removal  of  controls  at  internal  borders  in  the  Schengen  area  allows  more  than 
400 million citizens of 25 countries to travel without border control from the Iberian 
peninsula  to  the  Baltic  states  and  from  Greece  to  Finland.  The  Union’s  external 
borders  are  being  managed  in  a  coherent  fashion,  especially  as  a  result  of  the 
establishment of the Frontex agency. 

The foundations have been laid for a common policy on immigration. In particular, 
there  are  rules  that  make  legal  immigration  fairer  and  easier  to  understand,  a 

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common agenda has been agreed for facilitating integration into European societies, 
and stronger action is being taken against illegal immigration and human trafficking. 
Partnerships  have  also  been  established  with  non-Union  countries  so  that  questions 
associated with migration can be managed in a concerted fashion. 

The foundations have likewise been laid for a common European system of asylum 
for people needing international protection, with a practical mechanism in the form 
of  an  Asylum  Support  Office.  A  common  visa  policy  has  been  successfully 
developed, increasing clarity and legal certainty for all those involved. 

Steps have been taken to establish a high level of confidence between the authorities 
in  different  Member States.  There  have  been  particularly  marked  improvements  in 
the  exchange  of  information in the criminal sphere. For example, police forces  can 
obtain  information  from  other  Member States,  if  it  is  available,  without  any  major 
constraints.  The  European  arrest  warrant  has  greatly  reduced  the  effort  required  in 
order  to  extradite  criminals:  it  has  brought  the  time  taken  to  secure  an  extradition 
from about a year to between 11 days and six weeks. 

There have been measures to combat organised crime, including cybercrime, and to 
protect critical infrastructures. 

Progress  has  also  been  made  in  civil  and  commercial  law.  EU  citizens  now  have 
simpler and more rapid channels for enforcing their claims in cross-border situations. 
Common rules have been drawn up on the law governing civil liability and contracts. 
The  protection  of  children  has  been  improved,  in  particular  so  as  to  ensure  that 
following  a  separation  they  can  maintain  regular  contact  with  their  parents  and  to 
deter child abduction in the EU. 

But in some fields progress has been slow and less clear-cut 

Progress has been comparatively slow in some fields, especially criminal law and family law. 
These policies require unanimity in the Council, which has often led to long debate with no 
clear  outcome,  or  to  the  enactment  of  legislation  that  is  less  ambitious  than  it  might  have 
been. 

Securing proper implementation of the legislation is an additional challenge. Especially in the 
criminal law sphere the jurisdiction of the Court of Justice is limited, and the Commission is 
unable to bring infringement proceedings. This has led to considerable delay in the transposal 
of EU legislation at national level, which gives it a somewhat ‘virtual’ character. 

Leaving  aside  the  procedural  and  institutional  constraints,  there  are  major  efforts  that  have 
still  to  be  made.  Civil  and  commercial  cases,  involving  contested  claims  for  example,  still 
require  intermediate  proceedings  that  are  an  obstacle  to  the  free  movement  of  judgments. 
There are gaps in the protection afforded to citizens and firms in the event of disputes with 
parties  domiciled  in  non-Union  countries.  There  are  still  obstacles  to  the  cross-border 
recognition  of  civil  status  documents.  There  is  some  way  to  go  before  the  Directive  on 
freedom  of  movement  for  persons  has  been  fully  implemented  by  all  Member States.  There 
are  still  differences  in  the  level  of  protection  of  persons  in  criminal  proceedings.  Minimum 
procedural  guarantees  for  criminal  cases  have  not  been  agreed.  Exchanges  of  information 
between Member States’ authorities regarding persons convicted of offences are not yet fully 
effective.  And  at  an  operational  level,  there  are  many  obstacles  in  the  way  of  police  action 
across borders. 

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The challenges ahead 

The objective is to provide the best possible service to the citizen. The growing diversity of a 
Union made up of 27 or more Member States has to be reflected in the way in which justice, 
freedom and security are managed. The right to move and to stay freely throughout the Union 
is  now  open  to  500 million  people.  Personal  and  commercial  situations  with  a  cross-border 
dimension  consequently  arise  more  and  more  often.  In  addition,  migratory  pressures  have 
grown strongly. 

The following examples are representative of the many challenges ahead: 

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More  than  eight  million  Europeans  are  currently  taking  advantage  of  their  right  to 
live  in  another  Member State  of  their  choice,  and  the  trend  can  be  expected  to 
intensify  in  the  future.  But  although  this  right  is  an  important  reflection  of  their 
Union citizenship, they often encounter obstacles to its exercise. 

Questions of civil justice can be expected to grow more important. One succession in 
ten in the Union already has an international dimension. 

Cybercrime  knows  no  borders,  and  is  mutating  constantly.  In  2008,  1 500  internet 
sites  with  child  pornography  content  were  identified,  both  commercial  and 
non-commercial. 

Terrorism  remains  a  threat  to  the  Union.  In  2007  there  were  almost  600 terrorist 
attacks — failed, foiled or successfully executed — in 11 Member States. 

There are 1 636 designated points of entry to the Union, and in 2006 the number of 
people  crossing  was  about  900 million.  In  an  open  world,  with  growing  mobility, 
ensuring effective management of the Union’s external borders is a major challenge. 

In 2006 there were 18.5 million non-EU nationals registered in the Union, which is 
about  3.8%  of  the  total  population.  Migratory  pressures  can  be  expected  to  grow 
further.  This  is  due  to  population  growth  and  poverty  in  many  of  the  countries  of 
origin,  and  to  the  ageing  of  the  population  of  Europe:  between  2008  and  2060  the 
number of people of working age is expected to fall by 15%, or about 50 million. 

According to estimates there are about eight million illegal immigrants living in the 
Union,  many  of  whom  work  in  the  informal  economy.  Tackling  the  factors  that 
attract  clandestine  immigration  and  ensuring  that  policies  for  combating  illegal 
immigration are effective are major tasks for the years to come. 

Despite  the  existence  of  a  common  system  of  asylum,  there  is  a  need  for  greater 
uniformity  in  Member States’  handling  of  asylum  applications:  the  rates  of 
acceptance of applications are currently very variable. In 2007, 25% of first decisions 
granted  protection  in  the  form  of  either  refugee  status  or  subsidiary  protection. 
Behind  this  average  figure  there  are  wide  variations:  some  Member States  allow 
protection in only very few cases, while others have a recognition rate close to 50%. 

A new multiannual programme 

The Union needs a new multiannual programme that builds on the progress made so far and 
learns the lessons of the current weaknesses in order to make an ambitious push forward. The 

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new programme should define the priorities for the next five years, take up the challenges of 
the future, and make the benefits of the area of freedom, security and justice more tangible to 
the ordinary citizen. 

The area of freedom, security and justice cannot be built without a strong external dimension 
which is consistent with the Union’s general external policy and helps to promote our values 
in  compliance  with  international  human  rights  obligations.  None  of  the  objectives  being 
pursued here can be achieved without effective use of the appropriate tools of external policy. 
And by engaging with non-EU countries in partnerships and international organisations with 
regard to justice and home affairs, the Union will make its external policy more effective. 

The political priorities 

The  main  thrust  of  the  new  programme  will  be  ‘building  a  citizen’s  Europe’.  All  action 
taken in future should be centred on the citizen, and should work towards the following main 
priorities: 

1. 

2. 

3. 

4. 

Promoting citizens’ rights — a Europe of rights: The area of freedom, security and 
justice must above all be a single area in which fundamental rights are protected, and 
in  which  respect  for  the  human  person  and  human  dignity,  and  for  the  other  rights 
enshrined  in  the  Charter  of  Fundamental  Rights,  is  a  core  value.  For  example,  the 
exercise  of  these  freedoms  and  the  citizen’s  privacy  must  be  preserved  beyond 
national borders, especially by protecting personal data; allowance must be made for 
the  special  needs  of  vulnerable  people;  and  citizens  must  be  able  to  exercise  their 
specific rights to the full, even outside the Union. 

Making life easier — a Europe of justice: The achievement of a European area of 
justice must be consolidated so as to move beyond the current fragmentation. Priority 
should  be  given  to  mechanisms  that  facilitate  people’s  access  to  the  courts,  so  that 
they can enforce their rights throughout the Union. Where contracts and commerce 
are concerned, this should give those involved in economic life the tools they need to 
take  full  advantage  of  the  opportunities  offered  by  the  single  market.  Cooperation 
between  legal  professionals  should  also  be  improved,  and  resources  should  be 
mobilised  to  put  an  end  to  barriers  to  the  recognition  of  legal  acts  in  other 
Member States. 

Protecting  citizens —  a  Europe  that  protects:  A  domestic  security  strategy  should 
be developed in order further to improve security in the Union and thus to protect the 
life  and  safety of European citizens. The strategy  should be  aimed  at strengthening 
cooperation in police matters and law enforcement and making entry to Europe more 
secure. 

Promoting  a  more  integrated  society  for  the  citizen —  a  Europe  of  solidarity:  A 
major priority in the next few years will be consolidating and putting into practice a 
policy on immigration and asylum that guarantees solidarity between Member States 
and partnership with non-Union countries. The policy should offer legal immigrants 
a clear and uniform status. A closer match should be developed between immigration 
and  the  needs  of  the  European  labour  market,  along  with  targeted  integration  and 
education  policies.  The  practical  use  of  the  tools  available  to  combat  illegal 
immigration should be improved. For the management of these policies it is crucial 

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that there be consistency with the Union’s external policy. The Union should confirm 
its humanitarian tradition by offering its protection generously to those who need it. 

The tools 

If  the  next  multiannual  programme  is  to  be  implemented  successfully,  it  must  follow  a 
method based on five main points: 

(i) As the policies followed in the fields of justice and home affairs gradually reach maturity, 
they  should  support  each  other  and  grow  in  consistency.  In  years  to  come  they  should  fit 
smoothly together with the other policies of the Union. 

(ii)  To  narrow  the  wide  gap  between  the  rules  and  policies  approved  at  European  level  and 
their  implementation  at  national  level,  greater  attention  should  be  paid  to  national 
implementation.  Beyond  strict  legal  transposal,  implementation  should  be  followed  up  with 
practical support measures (such as an upgrading of professional networks). 

(iii) Priority must also be given to improving the quality of European legislation. Action on 
the part of the Union should be focused where it can bring an appropriate response to citizens’ 
problems. From the time when proposals are first sketched out, thought must be given to the 
potential  impact  on  citizens  and  their  fundamental  rights,  on  the  economy,  and  on  the 
environment.  The  existing  body  of  EU  legislation  is  recent,  but  it  is  already  large,  and 
successive  changes  in  the  institutional  structure  in  this  field  have  increased  its  complexity. 
This is certainly one of the sources of the difficulties encountered in implementing it. 

(iv) Citizens expect to see the action taken by the Union produce results. Priority should be 
given  to  improving  the  use  made  of  the  evaluation  of  the  mechanisms  created  and  the 
agencies set up. 

(v) The political priorities must be accompanied by adequate financial resources which allow 
them  to  be  implemented  and  which  are  clearly  earmarked  for  the  purpose.  The  budgetary 
resources  of  the  future  must  be  commensurate  with  the  policy  ambitions  of  the  new 
multiannual  programme,  and  must  be  based  on  an  evaluation  of  the  effectiveness  of  the 
mechanisms in place at present. 

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2. 

Promoting citizens' rights: a Europe of rights 

Respect for the individual and for human dignity, referred to in the Charter, is a core value in 
the  area  of  freedom,  security  and  justice.  In  this  area  without  internal  borders  citizens  can 
move freely and enjoy their rights fully.  

The  system  for  protecting  fundamental  rights  in  the  EU  legal  order  is  particularly  well-
developed. Both the Union and the Member States can, for example, draw on the expertise of 
the  Fundamental  Rights  Agency.  The  Union's  accession  to  the  European  Convention  on 
Human  Rights  –  a  powerful  political  symbol  –  will  complete  this  system  of  protection  by 
encouraging  the  case-law  of  the  Court  of  Justice  of  the  European  Communities  and  of  the 
European Court of Human Rights to develop in step.  

The  Union  is  an  area  of  shared  values,  values  which  are  incompatible  with  the  crimes  of 
totalitarian regimes. In the interests of reconciliation, the memory of crimes against humanity 
must  be  a  collective  memory,  shared  by  us  all.  The  Union  must  play  the  role  of  facilitator, 
respecting the approach that each State adopts. 

These values provide the basis for European citizenship and respect for them is an essential 
criterion  for  membership  of  the  Union.  European  citizenship  complements,  but  does  not 
replace  national  citizenship.  It  confers  rights  and  obligations  specific  to  European  citizens 
which must be given practical and effective expression. 

2.1. 

Full exercise of the right to free movement  

Citizenship of the Union facilitates the movement of citizens within the European Union. But 
people are faced with barriers when they decide to live or travel in a Member State other than 
the  one  of  their  nationality.  The  effective  application  of  the  directive  on  free  movement  of 
persons  is  a  priority  and  the  Commission  intends  to  reinforce  the  policy  supporting  its 
implementation by ensuring that the current rules are properly transposed and applied in the 
Member States. Freedom of movement also entails obligations on those that benefit from it. 
The Commission will examine ways of helping Member State authorities to tackle abuse of 
this  fundamental  EU  principle  effectively.  It will  publish  guidelines  explaining  its  policy  in 
this area. 

Citizens  must  also  be  assisted  in  some  of  the  administrative  and  legal  procedures  they  are 
faced  with  when  exercising  their  right  to  free  movement.  A  system  must  therefore  be 
introduced to allow them to obtain the main civil status documents easily and at no extra cost. 
The system must help overcome any language barriers and guarantee the evidential value of 
these documents. In the long run, further consideration must be given to mutual recognition of 
the effects of civil status documents. 

2.2. 

Living  together  in  an  area  that  respects  diversity  and  protects  the  most 
vulnerable 

Diversity  enriches  the  Union:  it  must  provide  a  safe  environment  where  differences  are 
respected and the most vulnerable protected. 

Measures  to  tackle  discrimination,  racism,  anti-Semitism,  xenophobia  and  homophobia 
must  be  vigorously  pursued.  The  Union  will  make  full  use  of  the  existing  instruments,  in 

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particular  the  financial  programmes.  Enforcement  of  the  legislation,  including  the  new 
framework decision on racism and xenophobia, must be strengthened.  

The  rights  of  the  child  –  i.e.  the  principle  of  the  primacy  of  the  interests  of  the  child,  the 
child's right to life, survival and development, non-discrimination and respect for the child's 
opinions – as proclaimed in the Charter and the United Nations Convention on the Rights of 
the  Child,  potentially  concern  all  EU  policies.  They  must  be  systematically  taken  into 
account.  Measures  therefore  need  to  be  identified  to  which  the  Union  can  contribute  added 
value. Children in particularly vulnerable situations will receive special attention, notably in 
the context of immigration policy (unaccompanied minors, victims of trafficking, etc.).  

The  Union  and  the  Member  States  must  make  a  concerted  effort  to  integrate  vulnerable 
groups, in particular the Roma community, fully into society by promoting their inclusion in 
the education system and labour market and by taking action to prevent violence against them. 
The  Union  will  target  aid  from  the  structural  funds  for  this  purpose  and  ensure  that  the 
existing legislation is properly applied to tackle potential discrimination against Roma. Civil 
society will have a special role to play. 

More  generally,  those  who  are  most  vulnerable,  women  victims  of  violence  and 
dependent  persons  must  be  afforded  greater  protection,  including  legal  protection. 
Appropriate financial support will be provided through the Daphne Programme in particular. 
The Union will also act in this direction in its external policy. 

2.3. 

Protection of personal data and privacy  

The Union must respond to the challenge posed by the increasing exchange of personal data 
and  the  need  for  utmost  respect  for  the  protection  of  privacy.  The  rights  to  privacy  and  the 
protection of personal data are guaranteed by the Charter.  

A  comprehensive  protection  scheme  should  be  introduced.  The  Union  must  secure  a  new 
comprehensive strategy to protect citizens' data within the EU and in its relations with other 
countries.  It  must  also  foresee  and  regulate  the  circumstances  in  which  public  authorities 
might need to restrict the application of these rules in the exercise of their lawful duties. 

Technology  is  currently  developing  very  fast.  It  is  transforming  communication  between 
individuals and public and private organisations. A number of basic principles therefore need 
to be restated: purpose, proportionality and legitimacy of processing, limits on storage time, 
security  and  confidentiality,  respect  for  the  rights  of  the  individual  and  control  by  an 
independent authority.  

The current legal framework introduces a high level of protection. In the light of the speed of 
technological change, further legislative or non-legislative initiatives may be necessary to 
maintain the effective application of the above principles.  

Compliance  with  the  principles  of  data  protection  must  also  be  ensured  through  the 
development  of  appropriate  new  technologies,  through  greater  public/private  sector 
cooperation,  particularly  in  the  field  of  research.  The  introduction  of  a  European 
certification  scheme  for  "privacy-aware"  technologies,  products  and  services  must  be 
examined.  

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Effective  protection  also  supposes  familiarity  with  the  rights  and  the  risks  concerned 
(particularly on the Internet). Information campaigns should be conducted, in particular to 
raise awareness among the most vulnerable.  

On a broader front, the Union must be a driving force behind the development and promotion 
of international standards for personal data protection and in the conclusion of appropriate 
bilateral or multilateral instruments. The work on data protection conducted with the United 
States could serve as a basis for future agreements. 

2.4. 

Participation in the democratic life of the Union  

The right to vote and to stand as a candidate in municipal and European elections in the host 
Member  State  is  the  political  expression  of  the  concept  of  European  citizenship.  Yet,  in 
practice,  the  exercise  of  this  right  leaves  much  to  be  desired,  and  must  be  facilitated  by 
communication  and  information  campaigns  on  the  rights  associated  with  citizenship  of  the 
Union.  

With a view to the European elections of 2014, careful thought should be given to measures to 
encourage  citizens:  an  ambitious  approach  based  on  electoral  campaigns  that  focus  on 
genuine  European debates must be facilitated. It will be  helpful if it can be  made easier  for 
citizens to take part in all stages of the voting procedure and to register on the electoral roll, 
and if the elections can be held in the week of 9 May. 

More generally, ways of adding to the electoral rights of citizens residing in another Member 
State  should  be  studied,  on  the  basis  of  periodic  reports  submitted  in  accordance  with  the 
Treaty1,  in  order  to  increase  the  participation  of  citizens  in  the  democratic  life  of  their 
Member State of residence. 

2.5. 

Entitlement to protection in non-member countries 

Of  166  countries  outside  the  EU,  there  are  only  three  where  all  27  Member  States  are 
represented.  8.7%  of  European  citizens,  i.e.  seven  million  people,  travel  in  a  country  where 
their own is not represented.  

A Union citizen travelling to or living in a non-EU country where his or her Member State is 
not  represented  is  entitled  to  protection  by  the  diplomatic  and  consular  authorities  of  any 
Member State on the same conditions as the nationals of that State. This fundamental right, 
enshrined  in  the  Treaties,  remains  widely  misunderstood,  and  its  application  is  neglected. 
Targeted communication campaigns should be conducted on this right.  

To  make  consular  protection  effective,  the  existing  framework  of  coordination  and 
cooperation has to be strengthened. Three key strands of this reform will include clarifying 
the concept of the lead state in crisis situations, establishing common criteria for the definition 
of  an  'unrepresented'  Member  State,  and  covering  the  cost  of  repatriation  on  the  basis  of 
existing Community instruments. Crisis emergency exercises will also be organised.  

2.6. 

Strengthening civil protection 

The  Community  civil  protection  mechanism  must  be  strengthened  in  order  to  support  and 
complement  Member  State  initiatives  in  the  civil  protection  sphere.  Cooperation  must  be 

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Article 22 of the EC Treaty. 

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developed in the area of risk analysis, including regional aspects, so that common objectives 
and  measures  can  be  defined.  At  the  same  time,  the  Union's  response  capacity  must  be 
strengthened through better organisation of the assistance mechanisms and interoperability of 
the resources available. The Monitoring and Information Centre must become a true centre of 
operations with analysis and planning capacities. 

3. 

Making people's lives easier: a Europe of law and justice  

In an area of increasing mobility, the priority should be to develop and promote a European 
judicial area for citizens by removing the remaining restrictions on the exercise of their rights. 
Judgments, for example, must be recognised and easily enforced from one Member State to 
another.  The  judicial  systems  of  the  27  Member  States  should  be  able  to  work  together 
coherently and effectively in accordance with their national legal traditions. 

The principle of mutual recognition is the cornerstone of European integration in the field of 
justice. The substantial progress in the justice field in past years needs to be consolidated and 
rigorously  implemented,  though  nothing  tangible  can  be  achieved  without  strengthening  the 
mutual trust between members of the legal professions. 

The development of a European judicial area also entails the establishment by the Union of a 
core  of  common  standards,  especially  with  a  view  to  tackling  certain  forms  of  particularly 
serious cross-border crime or ensuring effective implementation of EU policies.  

The European judicial area must allow citizens to assert their rights anywhere in the Union by 
facilitating  their  access  to  justice.  It  must  equip  economic  operators  with  tools  that  enable 
them to benefit fully from the single market, especially at a time of economic crisis.  

3.1. 

Furthering the implementation of mutual recognition  

Judgments in civil matters must be directly enforced without any intermediate measure. The 
exequatur  procedure,  which  is  too  often  still  required  to  enforce  judgments  in  civil  and 
commercial matters issued in other Member States, should therefore be generally abolished. 
This will necessitate harmonisation of the conflict-of-law rules in the areas concerned.  

Mutual  recognition  could,  moreover,  be  extended  to  areas  that  are  not  yet  covered  but 
essential  to  everyday  life,  e.g.  succession  and  wills,  matrimonial  property  rights  and  the 
property consequences of the separation of couples. 

In  general,  the  instruments  adopted  should  be  grouped  together  in  a  code  of  judicial 
cooperation in civil matters to facilitate their implementation. 

In  criminal  matters,  the  principle  of  mutual  recognition  must  apply  at  all  stages  of  the 
procedure.  Considerable  progress  has  been  achieved  on  improving  mutual  recognition  of 
sentences.  

However,  mutual  recognition  must  extend  to  other  types  of  judgment,  which  may  be 
criminal or administrative depending on the Member State. Witnesses or victims of crime can, 
for  example,  be  offered  special  protection  measures  which  must  apply  from  one  Member 
State  to  the  next.  Similarly,  it  should  be  possible  to  implement  certain  fines,  which  can  be 
criminal or administrative according to the Member State, between countries, with a view to 
ensuring  compliance  with  EU  policies  in  general  and,  more  specifically,  improving  road 
safety. 

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The  Union  must  aim  for  mutual  recognition  of  judgments  imposing  some  kind  of 
disqualification  and  encourage  the  systematic  exchange  of  information  between  Member 
States  to  this  end.  Cases  where  disqualification  is  most  likely  to  affect  personal  safety  or 
business  life  should  be  tackled  first  as  a  matter  of  priority:  prohibitions  from  carrying  out 
certain  professions,  withdrawal  of  driving  licences,  disqualification  from  holding  a  post  as 
company  director  or  from  involvement  in  public  procurement,  etc.  In  the  current  economic 
crisis, the EU must pay particular attention to preventing offences that may hinder the proper 
functioning of the market from being committed afresh with impunity in one Member State 
after the other.  

3.2. 

Strengthening mutual trust 

One of the consequences of mutual recognition is that rulings made at national level have an 
impact  in  other  Member  States,  in  particular  in  their  judicial  systems.  Measures  aimed  at 
strengthening  mutual  trust  are  necessary  if  we  are  to  take  full  advantage  of  these 
developments. 

The  enforcement  of  instruments  needs  to  be  better  supported,  particularly  in  the 
professional sphere. Eurojust and the European civil and criminal law networks must be more 
actively  involved  in  improving  the  effective  application  of  EU  law  by  all  practitioners. 
Judicial  authorities  should  also  be  provided  with  support  tools,  particularly  those  that  use 
electronic  means 
(translation  aids,  creation  of  a  secure  communication  space, 
videoconferencing, etc.).  

If  European  integration  in  the  field  of  justice  is  to  be  built  on  respect  for  the  diversity  of 
national  systems,  that  diversity  must  not  give  rise  to  mutual  misunderstanding.  It  is  vital 
therefore  to  increase  the  opportunities  for  exchanges  between  professionals  working  in  the 
justice  system.  With  the  EU's  support,  the  various  networks  of  professionals  must  be 
strengthened, coordinated and better structured. The way the Justice Forum operates should 
be improved. 

It is essential to step up training and make it systematic for all legal professions, including 
the  administrative  courts.  The  objective  should  be  pursued,  in  the  remainder  of  the 
multiannual  programme,  of  a  systematic  European  training  scheme  for  all  new  judges  and 
prosecutors  at  a  stage  of  their  training;  at  least  half  of  the  Union's  judges  and  prosecutors 
should have participated in a European training scheme or an exchange with another Member 
State. Member States have the primary responsibility in this respect and the Union must give 
their  efforts  financial  backing.  The  European  Judicial  Training  Network  should  be 
strengthened  and  given  a  structure  and  resources  to  match.  E-Learning  programmes  and 
common training materials must also be developed to train legal professionals in the European 
mechanisms  (relations  with  the  Court  of  Justice,  use  of  the  mutual  recognition  and  judicial 
cooperation instruments, comparative law, etc.). The European training scheme must become 
a systematic part of the training of all new judges and prosecutors. 

As in other areas, the development of mutual recognition in the judicial sphere must go hand 
in  hand  with  improvements  in  evaluation.  In  particular,  there  has  to  be  evaluation  of  the 
effectiveness of the legal and political instruments adopted at Community level. Evaluation is 
also necessary to determine any obstacles to the proper functioning of the European judicial 
area. Evaluation should be carried out periodically, and should facilitate better understanding 
of national systems in order to identify best practice.  

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The  Union  should  therefore  support  Member  States'  efforts  to  improve  the  quality  of  their 
judicial  systems  by  encouraging  exchanges  of  good  practices  and  the  development  of 
innovative  projects  on  the  modernisation  of  justice2.  A  pilot  programme  may  shortly  be 
organised for this purpose.  

In  non-member  countries  and  the  enlargement  countries  in  particular,  the  Union  has 
instruments at its disposal, such as twinning schemes and peer reviews, designed to promote 
justice reform and strengthen the rule of law. These initiatives must be continued. 

3.3. 

Developing a core of common standards 

The  development  of  the  European  judicial  area also requires a certain level of alignment of 
Member States' laws and regulations. 

In criminal matters such as terrorism, organised crime and attacks on the Union's financial 
interests, only action at European level can deliver effective results. Further action is therefore 
needed  on  the  closer  alignment  of  substantive  law  in  relation  to  certain  serious  crimes, 
generally  of  a  cross-border  nature,  which  require  common  definitions  and  penalties. 
Alignment here will help to extend mutual recognition and, in some cases, almost completely 
abolish the grounds for refusal to recognise other Member States' judgments. 

In  line  with  the  case-law  of  the  Court  of  Justice,  the  implementation  of  some  EU  policies 
may, in order to ensure its effectiveness, also require the definition of common penalties and 
common  offences,  as  has  already  been  done  to  an  extent  in  the  environment  and  transport 
fields. 

In  civil  matters,  minimum  standards  need  to  be  established  at  European  level  on  specific 
aspects  of  civil  procedural  law  taking  account  of  the  requirements  of  mutual  recognition. 
Minimum standards also need to be developed in relation to the recognition of decisions on 
parental  responsibility  (including  those  on  custody  rights).  Lastly,  the  proper  functioning  of 
the  European  judicial  area  sometimes  requires  a  national  court  to  apply  the  law  of  another 
Member State. The Union must consider how to avoid the current disparity in practices in this 
area. 

2 

The Union should in particular refer to the work of the Council of Europe's European Commission for 
the Efficiency of Justice. 

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3.4. 

The benefits for citizens of a European judicial area 

3.4.1.  Providing easier access to justice 

To reap the full benefits of the European judicial area, access to justice must be made easier, 
particularly in cross-border proceedings. To achieve this, the existing measures on legal aid 
need to be intensified, while at the same time efforts must continue on improving alternative 
methods of settling disputes, particularly in consumer law.  

Action is needed to help people overcome the language barriers that obstruct their access to 
justice:  greater  use  of  machine  translation  systems,  where  possible;  efforts  to  improve  the 
quality  of  legal  interpretation  and  translation;  the  pooling  of  resources  available  in  the 
Member States by connecting up databases of interpreters and translators; or the possible use 
of remote interpreting by videoconference. 

E-justice  also  presents  an  excellent  opportunity.  The  European  portal  will  be  a  way  of 
keeping  people  better  informed  of  their  rights  and  giving  them  access  to  a  range  of 
information on the various judicial systems. Better use should be made of videoconferences, 
for example to spare victims the effort of needless travel. In the medium term some European 
procedures could be dealt with on line (e.g. the European payment order or the small claims 
procedure). In accordance with data protection rules, some national registers will be gradually 
interconnected (e.g. insolvency registers for individuals and companies). 

Certain  formalities  for  the  legalisation  of  documents  also  represent  an  obstacle  or  an 
excessive  burden.  Given  the  possibilities  offered  by  the  use  of  new  technologies,  including 
digital signatures, the EU should consider abolishing all formalities for the legalisation of 
authentic  documents between  Member States. Where  appropriate,  thought  should be given 
to the possibility of creating authentic European documents.  

Finally,  the  Union  will  improve  its  legislation  on  the  protection  of  victims  and  offer  more 
support, for example through European networks, to schemes that provide practical help.  

3.4.2. 

Supporting economic activity  

The  European  judicial  area  should  serve  to  support  economic  activity  in  the  single  market, 
particularly in a period of crisis.  

Provisional and protective measures must be available to speed up procedures and ensure 
that legal decisions are enforced more effectively (e.g. by creating a European procedure for 
the attachment of bank accounts and improving the transparency of assets). 

Contractual  relations  must  be  put  on  a  more  secure  footing,  as  differences  between 
Member States’ legislation in the contract law field can prevent traders from reaping the full 
benefits of the single market. 

Standard contracts between individuals or small businesses should be drawn up, building on 
the  groundwork  already  carried  out.  Use  of  these  contracts  would  be  voluntary,  but  they 
would be translated into the different languages and serve as a model for the business world. 

As an additional step, consideration could be given to an optional, specifically European 
system of rules open to companies (a 'twenty-eighth' system). This system would be similar 
to  those  devised  for  other  areas  of  the  internal  market,  e.g.  the  European  company,  the 

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European economic interest grouping or the Community trade mark, and would encourage the 
development  of  intra-Community  trade and  establish  a  single,  directly  applicable  legal 
framework.  

The regulation of business law would help oil the wheels of the internal market. A variety of 
measures could be considered here: common rules determining the law applicable to matters 
of  company  law,  insurance  contracts  and  the  transfer  of  claims,  and  the  convergence  of 
national rules on insolvency procedures for banks. 

The current financial crisis has brought home the need to regulate the financial markets and 
prevent abuse. A study is being conducted in connection with the Directive on market abuse, 
and  the  results  should  be  available  soon.  The  European  Union  could  envisage,  where 
appropriate, the use of criminal law to punish fraud that might jeopardise its financial system 
and economy.  

3.5. 

Increasing the EU’s international presence in the legal field  

To  promote  external  trade  and  facilitate  the  movement  of  individuals,  the  European  Union 
must  build  up  a  network  of  bilateral  agreements  with  its  main  economic  partners  on  the 
recognition and enforcement of civil and commercial judgments. One option could be to open 
up  the  new  Lugano  Convention  on  Jurisdiction  and  the  Enforcement  of  Judgments  in  Civil 
and Commercial Matters to the EU’s main partners. Other areas that could be looked into are 
the service of documents and the taking of evidence. 

In  the  criminal  field  it  will  be  necessary  to  identify  priorities  for  the  negotiation  of  mutual 
assistance  and  extradition  agreements.  The  European  Union  will  also  promote  international 
judicial cooperation by  developing exchanges of good practice and pooling experience with 
non-member countries. 

More generally, the EU must continue to offer steady support to the justice system in partner 
countries in order to promote the rule of law throughout the world. It must pursue its efforts to 
bring  about  the  abolition  of  the  death  penalty,  torture  and  other  inhuman  and  degrading 
treatment.  

4. 

A Europe that protects  

Action at European level is key to protecting its people against threats which do not stop at 
borders. The EU must devise an internal security strategy that respects fundamental rights 
and reflects a shared vision of today’s challenges. This strategy must embody real solidarity 
between the Member States. It must provide a means of clarifying what comes under the remit 
of  national  authorities  and  what,  on  the  contrary,  will  be  achieved  more  effectively  at  EU 
level.  It  must  be  underpinned  by  decision-making  mechanisms  that  serve  to  identify  the 
operational priorities. It must make it easier to mobilise the requisite resources in coordinated 
fields  of  activity  so  that  we  can  avert  and  contain  the  main  threats  to  individuals  and 
communities. 

This  strategy  will  dovetail  neatly  with  the  external  security  strategy  developed  by  the  EU, 
thereby strengthening the links between action within and outside the Union.  

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4.1. 

Upgrading the tools for the job  

Security  in  the  EU  requires  an  integrated  approach  where  security  professionals  share  a 
common culture, pool information as effectively as possible and have the right technological 
infrastructure to support them.  

4.1.1.  Forging a common culture  

If  national  players  are  gradually  to  come  to  regard  Europe  as  the  natural  theatre  of  their 
operations,  there  will  have  to  be  greater  mutual  trust.  To  achieve  this,  all  the  professionals 
concerned  must  intensify  the  exchange  of  experiences  and  good  practice,  particularly  on 
ethical issues. Joint training courses and exercises will also be needed. Ambitious targets must 
be set here, e.g. to train one third of European police officers and border guards in European 
affairs over the next five years.  

Specific,  ‘Erasmus’-style  exchange  programmes  should  be  set  up,  which  could  sometimes 
involve non-EU countries, such as neighbouring and enlargement countries, to be decided on 
a case-by-case basis. 

4.1.2.  Controlling the flow of information 

Security  in  the  EU  depends  on  effective  mechanisms  for  exchanging  information  between 
national  authorities  and  other  European  players.  To  achieve  this,  the  EU  must  develop  a 
European  information  model  based  on  a  more  powerful  strategic  analysis  capacity  and 
better gathering and processing of operational information. This model must take account of 
existing  systems,  including  those  in  the  customs  field,  and  overcome  the  challenges  of 
exchanging information with non-member countries. 

The following aspects will have to be defined:  

– 

– 

– 

– 

criteria  for  gathering,  sharing  and  processing  information  obtained  for  security 
purposes, while complying with data protection principles; 

a follow-up mechanism for assessing how the exchange of information operates; 

ways of identifying future needs; 

the  guiding  principles  for  a  policy  on  the  international  transfer  of  data  for  security 
purposes (applying demanding data-protection criteria). 

The  EU  must  also  significantly  boost  its  capacity  for  analysing  and  collating  the  strategic 
information  at  its  disposal.  Synergies  between Europol  and  Frontex  need  to  improve  in  this 
context. The networks of liaison officers in place in the Member States or non-EU countries 
must also be better coordinated and focused on this effort. These measures will enable swifter 
decisions on what action to take at operational level.  

4.1.3.  Mobilising the necessary technological tools 

New  technologies  must  keep  pace  with  and  promote  the  current  trends  towards  mobility, 
while ensuring that people are safe, secure and free.  

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This  will  require  policies  to  ensure  a  high  level  of  network  and  information  security 
throughout  the  European  Union.  Security  preparedness  and  the  resilience  of  critical 
infrastructure, including ICT and services infrastructure, will have to be improved. 

In developing the European information model, the EU, drawing on its past experience, will 
have to give thought to creating a proper information system architecture to ensure that the 
technical solutions adopted at national level are interoperable with existing or future European 
systems, and that they develop in a coherent fashion and in line with the needs that have been 
identified.  This  architecture  will  also  allow  economies  of  scale  as  the  systems  concerned 
come on stream. It will also make it possible to programme at national level the investments 
that serve the objectives of the internal security strategy.  

Research  and  development  in  the  security  field  must  be  in  step  with  the  priorities  of  the 
internal  security  strategy  and  focus  on  improving  interoperability,  identifying  needs  and 
relevant  technologies,  validating  results  and  developing  appropriate  standards.  Research 
efforts  must  be  tailored  to  the  real  needs  of  users  and  be  supported  by  public-private 
partnerships,  as  demonstrated  by  ESRIF3.  The  resources  available  for  research  and 
technological development must be harnessed to respond fully to users’ expectations. In due 
course consideration might be given to setting up an Internal Security Fund. 

4.2. 

Effective policies 

The  internal  security  strategy  must  be  constructed  around  three  complementary  and  now 
inseparable fields of activity: stronger police cooperation, a suitably adapted criminal justice 
system and more effective management of access to EU territory. 

4.2.1.  More effective European police cooperation 

The  prime  objective  of  police  cooperation  is  to  combat  forms  of  crime  that  are  typically 
cross-border in nature. It is here that the EU can prove that its action brings added value. 
The  European  information  model  will  facilitate  the  work  of  operational  departments  by 
clarifying the various existing channels for exchanging information. 

Better use must be made of the potential of Europol, which should be systematically involved 
in major cross-border operations and informed when joint investigative teams are set up. Once 
the types of data to be exchanged have been clarified, mechanisms will have to be set up for 
transferring  the  data  automatically  to  Europol.  Europol  itself  must  step  up  its  links  with 
Eurojust to ensure its work is followed up at judicial level. Finally, Europol could take over 
the training role of CEPOL. 

Europol will also have to expand its international dimension by forging closer links with the 
regions and countries neighbouring the Union. It should work more closely with ESDP police 
missions  and  help  promote  standards  and  good  practice  for  European  police  cooperation  in 
countries outside the EU.  

More  generally,  the  effectiveness  of  police  cooperation  requires  the  development  of  close 
relations  with  countries  outside  the  EU.  The  Union  must  conclude  police  cooperation 
agreements wherever necessary. Care must be taken here to ensure that measures taken by the 
EU and by the Member States tie in more closely. 

3 

European Security Research and Innovation Forum. 

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Another priority objective is to prevent criminals from exploiting the frontier-free area to 
evade  investigation  and  prosecution.  In  determining  whether  cooperation  takes  place  at 
regional,  national,  European  or  international  level,  the  key  criterion  must  be  operational 
effectiveness.  Synergies  will  have  to  be  developed  between  national,  European  and 
international players (Europol, OLAF - where the protection of the EU’s financial interests is 
at  stake  -  and  Interpol).  Experiments  in  cross-border  regional  cooperation  must  be  taken 
further and networked; a model police and customs cooperation centre should be developed, 
which  could  prove  useful  at  sporting  events  or  large  public  gatherings  (e.g.  the  2012 
Olympics, Euro 2012); and cross-border experiments should be set up for assessing the risks 
of crime.  

Lastly, it is vital for the Union to be able to compare data and step up prevention of both 
organised  crime  and  localised  crime.  To  assess  the  impact  of  its  work,  the  EU  must  create 
statistical tools to measure criminal activity. Also, a joint approach needs to be developed 
that offers a framework for action by local and national players (law-enforcement services and 
civil society), based on the exchange of good practice and the joint drafting of standards for 
action and evaluation methods. Better use must be made of the potential of the EU Criminal 
Prevention  Network  (EUCPN),  drawing  on  the  results  of  the  evaluation  of  its  activities. 
Consideration  will  be  given  to  the  selective  participation  of  enlargement  countries,  where 
possible. 

4.2.2.  A criminal justice system that serves to protect the public 

Faced  with  cross-border  crime,  the  administration  of  justice  must  not  be  impeded  by 
differences between the Member States’ judicial systems.  

The  Union  is  establishing  a  comprehensive  system  for  obtaining  evidence  in  cross-border 
cases. This should include a real European evidence warrant to replace all the existing legal 
instruments.  The  warrant  would  be  automatically  recognised  and  applicable  throughout  the 
Union, thereby encouraging prompt and flexible cooperation between the Member States. It 
would  lay  down  the  deadlines  for  enforcement  and  limit  as  far  as  possible  the  grounds  for 
rejection. Other avenues to be explored are:  

–  a European legal framework on electronic evidence;  
–  a  European  order  for  bringing  persons  to  court  that  takes  account  of  the 

opportunities offered by videoconferences.  

–  minimum  principles  to  facilitate  the  mutual  admissibility  of  evidence  between 

countries, including scientific evidence. 

Taking  into  account  the  recent  changes  in  its  legal  framework,  work  will  also  have  to 
continue  on  strengthening  Eurojust,  particularly  as  regards  investigations  into  areas  of 
cross-border organised crime. 

Further  work  will  also  be  necessary  on  the  European  Criminal  Records  Information 
System (ECRIS), including an evaluation of how the exchange of information operates. The 
networking of criminal records should make it possible to prevent offences being committed 
(e.g. checks on access to certain jobs, particularly those relating to children). ECRIS will also 
have to be expanded to cover nationals of non-EU countries who have been sentenced in the 
EU. 

In parallel, the rights of the defence will have to be strengthened. Progress is vital not only to 
uphold  individuals’  rights,  but  also  to  maintain  mutual  trust  between  Member  States  and 
public confidence in the EU. Under an action plan setting out a thematic approach, the work 

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on  common  minimum  guarantees  could  be  extended  to  protection  of  the  presumption  of 
innocence and to pre-trial detention (duration and revision of the grounds for detention). 

Finally,  prison  is  all  too  often  a  place  where  inmates  radicalise  and  become  hardened 
criminals. Thought must therefore be given to a Community programme that could be used to 
finance pilot schemes in the Member States testing alternatives to imprisonment.  

4.2.3.  More secure access to the territory 

In  a  globalising  world,  the  Union  must  facilitate  mobility  while  ensuring  personal  safety  as 
part of an integrated approach to controlling entry. 

4.2.3.1.  Control and surveillance of borders 

Development of integrated border management requires the continued modernisation of the 
Schengen  acquis  and  increased  cooperation  in  order  to  ensure  better  coordination  of  the 
objectives of controlling the different flows (goods and people). Maintaining a high level of 
internal  security  must  go  hand  in  hand  with  absolute  respect  for  human  rights  and 
international protection. 

Operational cooperation between Member States through Frontex must be improved. The 
agency must play a central role in the future integrated mechanism for surveillance of external 
borders.  Its  operational  capabilities  must  be  strengthened,  notably  through  regional  or 
specialised  offices,  the  priorities  being  powers  of  command  over  joint  operations  on  a 
voluntary basis, use of its own resources, and ability to mobilise more easily the manpower 
needed to carry out operations. 

The  types  of  checks  (security,  immigration,  customs)  at  border  crossings  must  be 
rationalised, in  particular by separating private and commercial traffic. In certain cases, this 
rationalisation will involve improvements to existing infrastructures and increased use of new 
technologies  (biometrics,  etc.).  Closer  cooperation  between  national  authorities  will  allow 
procedures to be simplified, thus making borders easier to cross. It will also allow optimal use 
of resources. 

Particular  attention  must  be  paid  to  the  situation  of  vulnerable  people  and  groups.  In  this 
regard,  priority  will  be  given  to  the  needs  of  international  protection  and  reception  of 
unaccompanied minors. It will be essential to coordinate the activities of Frontex and of the 
European  Asylum  Support  Office  to  receive  people  intercepted  while  crossing  external 
borders. In this context, the European Union will also have to consider a clarification of the 
international rules in the light of the imperatives of maritime control and surveillance, while 
preserving the fundamental obligation of rescue at sea.  

Development  of  the  European  Border  Surveillance  System  (Eurosur)  will  continue.  By 
2013, cooperation will have to be established between the Member States and with Frontex in 
order to share surveillance data relating to the eastern and southern borders. 

The European Union will seek to develop and strengthen its links with non-member countries 
in the field of integrated border management. 

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4.2.3.2.  Information systems 

Development of SIS II and VIS4 will be finalised to make these systems fully operational. 
Their management could be stabilised by setting up a new agency.  

An electronic system for recording entry to and exit from Member States' territory will be 
established alongside registered traveller programmes. The new agency could be charged with 
the task of developing these systems with a view to their coming into operation from 2015. 
The Union will also give its views on the usefulness of developing a European system of prior 
travel authorisation. 

4.2.3.3.  Visa policy 

First,  the  Union  must  implement  effectively  the  possibilities  already  at  its  disposal.  The 
entry  into  force  of  the  new  Visa  Code  and  the  gradual  roll-out  of  VIS  will  provide  greater 
consistency  and  effectiveness.  Moreover,  visa  policy  is  an  important  lever  of  the  Union's 
external  policy.  Accordingly,  it  must  be  part  of  a  broader  vision  that  takes  account  of  the 
different priorities of internal and external policy.  

Regional  consular  cooperation  programmes  will  accompany  the  gradual  roll-out  of  VIS. 
The  programmes  will  include  European  training  for  consular  staff  from  the  Member States, 
systematic  planning  for  common  visa  application  centres  and  representation  agreements 
between  Member States,  information  and  awareness  campaigns  in  the  countries  concerned, 
and the establishment of regular dialogue with these countries. 

As  part  of  this  strategic  planning,  the  usefulness  of  promoting  the  conclusion  of  new 
facilitation agreements for issuing visas should be examined. The availability of biometric 
passports  will  be  a  precondition  for  concluding  such  negotiations,  which  will  also  have  to 
address readmission of illegal irregular immigrants.  

The  positive  and  negative  lists  will  be  reviewed  regularly  on  the  basis  of  a  systematic 
evaluation  of  the  situation  in  the  non-member  countries  concerned.  The  evaluation  criteria 
will  be:  security  of  travel  documents;  quality  of  border  controls;  knowledge  of  asylum  and 
immigration policies; the effectiveness of the fight against organised crime; respect for human 
rights;  and  consistency  with  the  EU's  external  policy  in  relation  to  the  country.  All 
possibilities for political dialogue will have to be exploited in this regard. 

However, the Union must go further and consider setting up a common European Schengen 
visa. The visa would be issued, if possible, by a common consular authority on the basis of 
criteria that guarantee a level playing field for all applicants. Moreover, the decision to issue a 
visa  should  gradually  move  from  the  presumption  of  risk  associated  with  the  applicant's 
nationality to an assessment of individual risk. This development will be made possible by the 
introduction  in  the  long  term  of  systems  that  allow  collection  of  advance  information  on 
individuals wishing to enter a Member State of the European Union. 

4 

SIS II: Schengen Information System II; VIS: Visa Information System. 

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4.3. 

Common objectives 

The Union can bring real added value to the fight against certain types of threat that require a 
high  level  of  coordinated  action.  The  internal  security  strategy  will  have  to  focus  on  these 
areas. 

4.3.1.  Fight against international organised crime 

Europe must set its priorities in crime policy by identifying the types of crime against which it 
will  deploy  the  tools  it  has  developed.  These  pilot  action  areas  will  form  a  laboratory  for 
ideas  and  methods.  The  fight  against  these  criminal  phenomena  will  involve  systematic 
exchange  of  information,  widespread  use  of  European  investigative  tools  and,  where 
necessary, the development of common investigative and prevention techniques. It will then 
be possible to extend the methods thus tested to other forms of particularly serious crime with 
a cross-border dimension, such as arms smuggling and piracy. 

Human trafficking 

Human  trafficking  is  a  serious  crime  against  human  rights.  The  fight  against  human 
trafficking must mobilise all means of action, bringing together prevention, law enforcement, 
and victim protection. 

As regards prevention, civil society must be more closely involved and coordination between 
authorities,  services,  networks  and  relevant  agencies  must  be  stepped  up.  Countries  outside 
the Union must be encouraged to ratify and implement relevant international instruments.  

Consular services in the countries of origin must be mobilised with a view to preventing the 
fraudulent issue of visas. Information campaigns aimed at potential victims, especially women 
and children, could be conducted in the countries of origin in cooperation with the authorities 
there. 

The  fight  against  networks  also  requires  intelligence  gathering  and  strategic  analysis,  to  be 
carried out in cooperation with the countries of origin and transit. Border checks must also be 
stepped up to prevent human trafficking, in particular trafficking of children.  

Victims  must  be  protected  and  helped  by  various  measures:  immunity  from  criminal 
prosecution,  regularisation  of  their  stay,  development  of  compensation  schemes,  and 
assistance with reintegration into society in the country of origin if they return voluntarily and 
also in order to facilitate cooperation with investigations. 

Sexual exploitation of children and child pornography 

In  Europe,  10-20%  of  children  are  at  risk  of  sexual abuse.  Protecting children against these 
dangers is an important element in the strategy of children's rights. The Union must develop 
prevention mechanisms. For example, it must promote the exchange of information between 
Member States  about  people  convicted  of  paedophile  crimes  in  order  to  prevent  repeat 
offending.  

Combating  child  pornography  on  the  internet  requires  close  cooperation  with  the  private 
sector in order to identify and shut down or block access to websites with paedophile content, 
while  complying  with  relevant  procedures.  Europol  will  have  to  play  a  leading  role  in  this 
respect by developing a platform for online identification of child pornography websites, thus 

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facilitating  effective  cooperation  between  the  Member States.  This  measure  will  be 
accompanied by the measures supported under the Safer Internet Programme 2009-2013. 

Lastly, an active policy of international cooperation is needed to put in place mechanisms to 
revoke the IP addresses of criminal ISPs and to facilitate rapid shutdown of websites outside 
Europe.  

Cybercrime 

The digital economy is an important factor for growth. The Union must promote policies that 
ensure a very high level of network security. 

The  Union  must  clarify  the  rules  on  jurisdiction  and  the  legal  framework  applicable  to 
cyberspace  in  order  to  promote  cross-border  investigations.  A  legal  framework  must  be 
established that will allow cooperation agreements between law enforcement authorities and 
operators.  Such  agreements  will  allow  quicker  reactions  in  the  event  of  cyber  attacks. 
Moreover,  action  taken  by  the  Member States  must  be  better  coordinated  through  a 
specialised  network  comprising  the  national  representatives  in  charge  of  the  fight  against 
cybercrime. Once again, Europol will play the role of European resource centre by creating a 
European platform for identifying offences. 

Economic crime 

The Union must reduce the opportunities offered to organised crime by a globalised economy, 
in  particular  during  a  crisis  that  exacerbates  the  vulnerability  of  the  financial  system,  and 
allocate appropriate resources to meet these challenges effectively. To this end, the capacity 
for investigation and forensic financial analysis must be developed by pooling resources, in 
particular for training.  

With  regard  to  money  laundering,  financial  information  cells  must  coordinate  their  work 
better. Within the framework of the European information model, their analyses could feed a 
database  on  suspicious  transactions,  for  example  within  Europol.  Moreover,  all  available 
sources of information must be mobilised and coordinated to identify suspicious cash transit 
transactions.  

Prosecution of tax evasion and private corruption must be improved. On the financial markets, 
early  detection  of  fraudulent  market  abuse  (insider  dealing  and  market  manipulation)  and 
misappropriation  of  funds  must  be  improved.  Where  necessary,  criminal  sanctions  must  be 
provided, in particular for the legal entities involved. 

Since  the  legal  framework  authorising  confiscations  and  seizures  is  already  in  place,  the 
European network of offices for recovery of the proceeds of crime must be set up as soon as 
possible. 

The Union must also set objectives on transparency and the fight against corruption. In the 
light of a periodic evaluation of the efforts made by the Union and the Member States, steps 
should  be  taken  to  facilitate  the  exchange  of  good  practices  on  prevention  and  law 
enforcement,  in  particular  within  the  framework  of  the  anti-corruption  network,  and,  on  the 

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basis of existing systems and common criteria5, to develop indicators to measure efforts in the 
fight  against  corruption.  Increased  attention  should  be  paid  to  anti-corruption  measures  in  a 
number of areas of the acquis (public procurement, financial control, etc). 

Counterfeiting is a serious danger for consumers and economies. The Union must improve 
the  study  of  this  phenomenon  and  ensure  that  greater  account  is  taken  of  law  enforcement 
aspects in the work of the future European Observatory on Counterfeiting and Piracy, and, for 
offences  on  a  commercial  scale,  also  encourage  harmonisation  of  criminal  sanctions  in 
legislation  in  the  Member States  (on  the  basis  of  proposals  already  drawn  up  by  the 
Commission). 

The Union can also contribute to strengthening the international legal mechanism in order to 
fight more effectively against these forms of economic crime, and to supporting our partner 
countries' capacities in this field. 

Drugs strategy 

The  EU  Drugs  Strategy  (2005-2012)  advocates  a  global,  balanced  approach,  based  on  the 
simultaneous reduction of supply and demand. This strategy will expire during the Stockholm 
Programme. It must be renewed on the basis of a detailed evaluation of the Drugs Action Plan 
2009-2012,  carried  out  by  the  Commission  with  the  support  of  the  European  Monitoring 
Centre for Drugs and Drug Addiction and Europol. 

The Union's action must be guided by four principles: 

– 

– 

– 

– 

improving  coordination  and  cooperation  at  national,  European  and  international 
level, in particular with certain regions in the world; 

promoting  consistent  dissemination  of  the  balanced  approach  to  the  drugs 
phenomenon  in  international  organisations  and  in  cooperation  with  non-EU 
countries;  

mobilising  civil  society,  in  particular  by  strengthening  initiatives  such  as  European 
Action on Drugs; 

improving research and information in order to have access to reliable data.  

4.3.2.  Reducing the terrorist threat 

The Union must ensure that in the fight against terrorism all tools are deployed. For their part, 
national authorities must develop prevention mechanisms especially to allow early detection 
of threats. 

There are three priority areas. 

On  the  basis  of  an  evaluation  of  the  effectiveness  of  national  policies,  initiatives  to  counter 
radicalisation  in  all  vulnerable  populations  (in  particular  in  prisons  and  education 
establishments) must be stepped up. Cooperation with civil society needs to be strengthened 
in order to understand all the factors underlying the phenomenon and to encourage strategies 

5 

These  could  be  based  on  the  system  of  classification  by  perception  of  corruption  developed  by 
Transparency International. 

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that  encourage  people  to  give  up  terrorism.  At  the  same  time,  intercultural  and  interfaith 
dialogue  must  be  developed  in  order  to  promote  awareness  and  understanding  between 
different  communities.  Stepping  up  the  fight  against  xenophobia  will  also  help  to  eradicate 
radicalisation of this kind. 

Use  of  the  internet  for  terrorist  purposes  must  be  subject  to  greater  surveillance,  in 
particular by increasing the operational capacity of the authorities responsible for monitoring. 
Suitable technical resources must be made available and cooperation between the private and 
public sectors must be improved. The aim is to curtail dissemination of terrorist propaganda 
and  practical  support  for  terrorist  operations.  This  cooperation  must  also  make  it  easier  to 
identify members of terrorist networks. 

The  instruments  for  combating  the  financing  of  terrorism  must  be  adapted  to  the  new 
potential  vulnerabilities  of  the  financial  system  and  to  the  new  payment  methods  used  by 
terrorists. We must have a mechanism that allows both adequate monitoring of financial flows 
and effective and transparent identification of people and groups likely to finance terrorism. 
Recommendations must be prepared for charitable organisations to increase their transparency 
and responsibility. 

The Union will ensure that its policies comply with international standards and will play an 
active  role  in  the  fight  against  terrorism  in  the  different  multilateral  fora,  in  particular  the 
United Nations.  

Mastering  the  risk  of  terrorism  also  requires  specific  prevention  measures.  In  order  to  be 
able  to  analyse  the  threat  at  European  level,  a  methodology  based  on  common  parameters 
must  be  established  with  Europol.  The  European  Programme  for  Critical  Infrastructure 
Protection  must  be  implemented.  In  addition  to  the  transport  and  energy  sectors,  the 
programme  must  include  other  infrastructures  that  are  vital  for  the  public  and  for  economic 
activity  (computer  systems).  CBRN  materials  (chemical,  biological,  radiological,  nuclear) 
that  may  be  used  to  carry  out  large-scale  terrorist  attacks  must  be  listed  and  be  subject  to 
security  and  traceability  measures.  That  requires,  in  particular,  cooperation  with  the  private 
sector  and  the  setting  up  of  a  warning  system  for  suspicious  transactions.  Likewise,  the 
European Union Action Plan on Explosives must be implemented and better information on 
the safety of explosives provided. A legislative framework to address the dangers associated 
with precursors must be developed. 

5. 

Promoting a more integrated society: a Europe that displays responsibility and 
solidarity in immigration and asylum matters 

Effective  management  of  migratory  flows  is  one  of  the  greatest  challenges  facing  the 
European  Union  in  coming  years,  especially  in  the  context  of  an  ageing  population. 
Immigration  plays  an  important  role  in  the  growth  of  the  EU  population  and  will  make  a 
crucial contribution to the EU's economic performance in the longer term. 

The formulation of a common immigration and asylum policy will be a top priority in years to 
come,  as  the  Commission  proposed  in  its  communication  of  June  2008.  Solidarity  must 
remain  at  the  centre  of  the  common  policy  and  the  EU  should  provide  more  support  to  the 
Member  States  most  exposed  to  migratory  pressure.  Implementation  of  the  principles  and 
objectives  of  the  Pact  on  Immigration  and  Asylum  will  provide  the  basis  for  EU  action  in 
coming years and will regularly appear on the agenda of the European Council. 

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Financing for the management of migration must be given particular attention: the structure 
and  the  scales  of  contribution  of  current  internal  instruments  need  to  be  assessed  to  see 
whether they still reflect the needs of the Member States and the new migratory flows. 

5.1. 

A dynamic immigration policy  

Immigration  policy  must  be  part  of  a  long-term  vision  that  emphasises  respect  for 
fundamental  rights  and  human  dignity.  This  policy  must  also  be  designed  to  deal  with 
increased mobility in a globalising world through emphasis on social, economic and cultural 
rights.  

5.1.1.  Consolidating a global approach 

Migration issues should be an integral part of EU external policy. Concerted management of 
migratory 
requires  genuine  cooperation  with  non-member  countries.  The 
comprehensive approach is an innovative, coherent framework that should be developed. To 
do this the EU and its Member States should:  

flows 

– 

– 

– 

actively work to step up dialogue and partnership with countries, regions and 
continents  outside  the  Union  that  involves  the  countries  of  origin,  destination 
and transit at all stages. Africa and Eastern and South-Eastern Europe remain 
priorities  but  this  does  not  exclude  dialogue  and  cooperation  with  Latin 
America, the Caribbean and Asia; 

envisage  the  conclusion  of  new  agreements  covering  the  three  dimensions  of 
the  comprehensive  approach:  controlling 
(including 
readmission and support for voluntary return and reintegration), promotion of 
mobility  and  legal  immigration,  and  support  for  development  on  the  lines  of 
the partnerships for mobility;  

illegal  migration 

establish  an  effective,  solidarity-based  system  to  prevent  illegal  migration, 
manage legal migration and assist migrants in need of protection and asylum, 
something which is particularly needed in the Mediterranean; 

–  make  consistent  use  of  all  instruments  of  migration  policy,  including 
migration  profiles,  circular  migration  programmes  and  cooperation  platforms 
and strengthen the role of partnerships for mobility;  

– 

– 

– 

control  illegal  immigration  and  trafficking  in  human  beings  more 
effectively  by  developing 
information  on  migration  routes,  promoting 
cooperation  on  surveillance  and  border  controls,  and  facilitating  readmission 
by promoting support measures for return;  

formulate  additional  initiatives  on  migration  and  development:  facilitate 
transfers of remittances and take into account the drop in transfers as a result of 
the  financial  crisis,  involve  migrant  communities  in  the  development  of  their 
country or region of origin, and allay the brain drain;  

mobilise the Union's various cooperation instruments to increase the capacity 
of  the  central,  regional  and  local  authorities  of  non-member  countries  to 
manage migration issues, including improving their capacity to offer adequate 
protection. 

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The EU must also bear in mind the links between immigration policy and other policies, such 
as social, economic and trade policies. 

5.1.2.  A concerted policy in keeping with labour-market requirements 

Economic  migration  should  be  better  matched  to  the  needs  of  the  Member  States'  labour 
markets.  This  will  help  to  take  more  account  of  the  skills  of  immigrants  and  facilitate  their 
integration.  The  Union  needs  a  common  framework  in  the  form  of  a  flexible  admission 
system  that  will  enable  it  to  adapt  to  increased  mobility  and  the  needs  of  national  labour 
markets. This common framework will be fully consistent with the Member States' powers to 
determine  the  numbers  of  non-EU  nationals  admitted  for  employment  purposes.  In  this 
context  particular  attention  needs  to  be  paid  to  two  issues:  the  extent  of  immigrants'  intra-
European mobility and the consequences for the validity of their residence permits if they lose 
their jobs.  

The establishment of a monitoring function to analyse and understand migration issues could 
be considered6. Such a tool would make it possible to systematically disseminate and draw on 
available studies and sources and make available comparable data on migration Coordination 
between the monitoring mechanism and existing networks working on migration issues must 
be assured. 

In  addition,  it  is  essential  to  match  immigrants'  skills  to  the  needs  of  the  Member  States' 
labour  markets.  This  is  why  immigration  should  be  organised  on  the  basis  of  overall 
assessment  of  the  skills  Europe  will  need  up  to  2020,  taking  into  account  the  economic 
situation.  

Just identifying needs is not enough. Supply and demand have to match. To do this, we should 
consider setting up a European platform for dialogue. With this platform we could identify 
how to manage the migration of labour better and what adjustments to legal and institutional 
frameworks are needed. It would bring together employers, unions and employment agencies 
of  the  Member  States,  recruitment  agencies  and  other  stakeholders.  Mutual  recognition  of 
qualifications and skills by the EU and non-member countries will also be important for this.  

5.1.3.  A proactive policy based on a European status for legal immigrants 

To maximise the positive effects of legal immigration for the benefit of all - the countries of 
origin  and  destination,  host  societies  and  immigrants  -  a  clear,  transparent  and  equitable 
approach that respects human beings is required. To do this an Immigration Code should be 
adopted  to  ensure  a  uniform  level  of  rights  for  legal  immigrants  comparable  with  that  of 
Community citizens. This consolidation of existing legislation will include, where necessary, 
amendments  needed  to  simplify  or  extend  the  existing  provisions  and  improve  their 
implementation.  

Family  reunification  is  one  of  the  main  reasons  for  immigration  and  accounts  for  a  large 
proportion  of  legal  immigration.  The  EU  should  adopt  common  rules  to  manage  effectively 
the  influx  of  migrants  entering  for  family  reunification.  Since  there  has  been  little 
harmonisation of national legislation, a revision of the Directive might be proposed after wide 
consultations. 

6 

A separate agency would not be needed. 

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The  potential  cultural  as  well  as  economic  enrichment  offered  by  immigration  can  be 
unleashed only by improving integration in the host country. Such an improvement will call 
not  only  for  greater  efforts  by  the  national,  regional  and  local  authorities  but  also  a  greater 
commitment  by  the  host  community  and  the  immigrants  themselves.  A  joint  coordination 
mechanism  that  would  support  the  efforts  of  Member  States  using  a  common  reference 
framework could be developed along the following lines: 

– 

– 

– 

– 

identification  of  joint  practices  and  European  modules  to  facilitate  the 
integration  process,  in  particular  the  integration  of  newcomers,  including 
essential elements such as introductory courses and language classes, a strong 
commitment by the host community and the active participation of immigrants 
in all aspects of collective life;  

development of common indicators for evaluating integration policies;  

breaking down the boundaries with other policies such as education, training, 
culture,  employment,  youth  and  multilingualism.  The  crucial  role  played  by 
schools,  especially  those  offering  educational  models  that  espouse  European 
values should be highlighted; 

improved consultation with and involvement of civil society, making use of the 
European Integration Forum and web portal. 

5.1.4.  Better controls on illegal immigration 

Preventing  and  reducing  illegal  immigration  and  related  criminal  activities  while  upholding 
human  rights  is  an  essential  counterpart  to  the  development  of  a  common  policy  on  legal 
immigration. Efforts to combat criminal networks must be stepped up. 

Illegal  employment  should  be  tackled  by  preventive  and  enforcement  measures,  and 
protection  should  be  given  to  the  migrants  who  are  its  victims.  The  implementation  of  the 
Directive's provisions on sanctions against employers needs to be supported and monitored.  

There  must  be  zero  tolerance  of  the  trafficking  in  human  beings.  Adequate  human  and 
financial  resources  should  be  invested  in  order  to  step  up  controls  at  the  workplace  in 
particular, and also to simplify the conditions for issuing residence permits to victims.  

An  effective  policy  on  removal  and  return  in  accordance  with  the  law  and  with  human 
dignity has to be formulated. The rules on return provided for in the Directive will come into 
force in December 2010. Its implementation will be monitored closely, especially as regards 
the effective enforcement of expulsion measures, detention, appeal procedures and treatment 
of  vulnerable  people.  This  should  go  hand  in  hand  with  increased  operational  cooperation 
between  the  Member  States.  In  the  longer  term,  and  after  evaluation  of  this  legislation,  the 
principle of mutual recognition of removal decisions should be implemented. The obligatory 
recording of entry bans in the SIS will give full effect to this principle.  

Giving priority to voluntary return must be promoted and actively encouraged, particularly 
under  the  existing  financial  instruments.  Nevertheless,  all  too  often  repatriation  measures 
cannot be carried out on account of legal or practical obstacles. In the absence of clear rules, 
we  should  study  national  needs  and  practices  and  consider  the  possibility  of  establishing 
common  standards  for  taking  charge  of  illegal  immigrants  who  cannot  be  deported.  The 

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exchange  of  information  between  Member  States  concerning  regularisations  should  be 
improved. Guidelines for their implementation could be formulated. 

Unaccompanied  minors  entering  the  EU  territory  illegally  present  another  challenge  that 
needs  to  be  studied  in  depth.  This  will  be  followed  by  an  action  plan  to  underpin  and 
supplement  the  relevant  legislative  and  financial  instruments  and  strengthen  forms  of 
cooperation with the countries of origin, including cooperation to facilitate minors’ return to 
their countries of origin.  

5.2. 

Asylum: a common area of protection and solidarity  

In 2008 nearly 240 000 asylum applications were made in the EU. Some Member States are 
more affected than others, either because of the number of applications received or because of 
the number of applications as a percentage of their population.  

The EU must continue to build a true common area of protection and solidarity based on 
respect  for  human  rights,  high  standards  of  protection  and  a  general  improvement  in  the 
quality of national systems, while stepping up efforts to stamp out abuse.  

5.2.1.  A single area of protection  

The EU has made great progress towards creating a common European asylum regime wholly 
in accordance with the Geneva Convention and other applicable international instruments. A 
common  set  of  standards  has  been  established  over  the  past  ten  years.  The  legislative 
proposals of the second phase of harmonisation need to be adopted quickly with the aim of 
establishing a single asylum procedure and a uniform international protection status no later 
than 2012.  

On the operational level, the EU must give the Asylum Support Office the means to do its 
job. All officials responsible for handling asylum applications in the Member States will have 
to  follow  common  training  modules.  They  will  also  be  given  sound  information  on  the 
countries of origin. National courts should be involved in this process. In 2013, following an 
evaluation, the tasks of the Office may be expanded to take account of progress in solidarity 
and the sharing of responsibilities.  

Strict  controls  and  a  proper  application  of  the  acquis  should  make  the  scheme  credible  and 
inspire  mutual  trust  among  the  Member  States  in  the  good  governance  of  their  respective 
asylum systems. Periodic evaluation mechanisms could be put in place to facilitate alignment 
of asylum systems in the Member States. 

The  integration  of  persons  enjoying  international  protection  must  also  be  improved  and 
account  taken  of  the  conditions  of  their  arrival  in  the  EU.  Solutions  have  to  be  found  for 
asylum  seekers  who  do  not  obtain  refugee  status  or  subsidiary  protection  but  cannot  be 
removed for specific reasons. 

A  detailed  evaluation  will  be  made  of  the  transposal  and  implementation  of  second-phase 
legislative instruments and of progress in aligning practices and supporting measures. On this 
basis,  by  the  end  of  2014  the  EU  should  formally  enshrine  the  principle  of  mutual 
recognition  of  all  individual  decisions  granting  protection status taken  by  authorities  ruling 
on  asylum  applications,  which  will  mean  that  protection  can  be  transferred  without  the 
adoption of specific mechanisms at European level.  

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5.2.2. 

Sharing of responsibilities and solidarity between the Member States  

There  should  be  a  true  sharing  of  the  responsibility  for  hosting  and  integrating  refugees. 
Although the EU has chosen to preserve the broad guidelines of the Dublin system at present, 
it must also open new avenues.  

A  mechanism  for  internal  resettlement  among  the  Member  States  of  persons  enjoying 
international  protection  that  is  voluntary  and  coordinated  should  be  considered.  An  initial 
stage would consist in the introduction of a systematic programming of the funds for refugees 
under the European Refugee Fund as part of this internal solidarity. This programming should 
take account of objective criteria. The mechanism may include support for the setting-up of 
permanent reception and transit platforms in some Member States, plus specific arrangements 
for partnership with the UNHCR. In parallel to this initial approach, analysis of the feasibility 
and  legal  and  practical  implications  of  joint  processing  of  asylum  applications  inside  and 
outside the Union should continue. This analysis would be carried out so as to complement 
the common  European  asylum system and comply with the relevant international standards. 
Based  on  these  studies  and  on  an  evaluation  of  the  initial  solidarity  mechanism,  a  more 
permanent  solidarity  system  might  be  envisaged  from  2013.  This  system  would  be 
coordinated by the Support Office.  

Intra-European  financial  solidarity  should  be  reviewed.  For  10  years  it  has  been 
implemented through the European Refugee Fund, which has supported the successive stages 
of  harmonisation.  New  criteria  will  be  identified  for  the  contributions  and  areas  of 
intervention, taking into account developments in the common policy.  

5.2.3. 

Solidarity with non-member countries  

Solidarity  with  non-member  countries  confronted  with  large  flows  of  refugees  or  hosting 
large  numbers  of  refugees  and  displaced  persons  is  essential.  Access  to  protection  and 
adherence to the principle of non refoulement must be assured. The EU will also support the 
building  of  greater  capacity  in  non-member  countries  so  that  they  can  develop  their  own 
systems of asylum and protection.  

In this context new forms of responsibility for protection might be considered. Procedures for 
protected entry and the issuing of humanitarian visas should be facilitated, including calling 
on the aid of diplomatic representations or any other structure set up within the framework of 
a global mobility management strategy.  

To  further  strengthen  the  external  dimension  of  its  asylum  policy,  the  EU  may  extend  the 
regional  protection  programmes  in  partnership  with  the  UNHCR  and  the  countries 
concerned, using the Support Office and the Community's external financial instruments.  

The Union will step up its resettlement efforts in order to provide permanent solutions for 
refugees. 

6. 

Conclusion 

The  Commission  hopes  that  after  in-depth  discussions  with  the  European  Parliament  the 
European  Council  will  be  able  to  adopt  an  ambitious  programme  on  the  basis  of  this 
communication by the end of the year. On that basis the Commission will propose an action 

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plan to implement the Stockholm programme with a view to fleshing out the measures to be 
taken and the agenda for 2010-2014. 

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ANNEX: Priority issues 

Promoting citizens' rights: a Europe of rights 

Fundamental rights  

The Union must accede to the European Convention on Human Rights in order to enhance its 
system for the protection of fundamental rights. 

The Union will assess, on the basis of a report published by the Commission, how to facilitate 
a sharing of the memory of totalitarian crimes. 

Free movement 

The  effective  implementation  of  Directive  2004/38  on  the  free  movement  of  persons  is 
essential.  The  Commission  will  back  it  up  by  publishing  guidelines  and  monitor  its 
application. 

A  system  will  be  set  up  in  this  context  allowing  citizens  to  obtain  civil  status  documents 
easily and free of charge. In the long term, the Union must consider mutual recognition of the 
effects of civil status documents. 

Respect for diversity 

The  Union  must  devise  a  common  approach  for  mobilising  the  existing  financial  and  legal 
instruments better in order to tackle discrimination, racism, xenophobia and homophobia.  

Protecting the vulnerable 

An  ambitious  EU  strategy  on  the  rights  of  the  child  must  be  developed.  EU  action  for  the 
protection  of  the  vulnerable,  women  victims  of  violence  and  dependent  persons  has  to  be 
strengthened.  

Data protection 

The Union must establish a comprehensive personal data protection scheme covering all areas 
of  EU  competence.  The  introduction  of  a  European  certification  scheme  for  'privacy-aware' 
technologies,  products  and  services  must  be  examined.  Data  protection  requires  strong 
international  cooperation.  The  Union  must  contribute  to  the  development  and  promotion  of 
international standards in this area. 

Participating in democratic life 

With a view to the European elections of 2014, the Union will introduce innovative measures 
to encourage citizens' participation.  

Consular protection 

A stronger framework of coordination and cooperation in the consular protection sphere must 
be introduced.  

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Making people's lives easier: a Europe of law and justice 

Mutual recognition is the cornerstone of the development of the European judicial area.  

In civil matters, exequatur for civil and commercial decisions must be abolished and mutual 
recognition extended to areas not yet covered. 

In criminal matters, the principle of mutual recognition must continue to apply at all stages of 
the procedure.  

Mutual recognition must also be extended to victim and witness protection measures and to 
disqualification decisions.  

To build up mutual trust between legal systems, professional training in the justice field must 
be  intensified  and  supported  by  the  development  of  common  tools.  Exchanges  between 
professionals must be stepped up particularly through the Justice Forum and the activities of 
the various networks, which must be better coordinated.  

The development of mutual recognition must go hand in hand with an in-depth evaluation of 
the  implementation  of  EU  policies  on  justice. The  Union  must  also  support  Member  States' 
efforts to improve their judicial systems. 

The  Union  must  establish  a  core  of  common  standards  for  the  alignment  of  national 
legislation in relation to particularly serious, generally cross-border crimes. The Union must 
also  resort  to  criminal  law  where  necessary  to  ensure  the  effective  implementation  of  its 
policies, in line with the case-law of the Court of Justice.  

In civil matters, there must be alignment of the legislation as regards the minimum standards 
on specific aspects of civil procedure and custody rights.  

A  more  accessible  justice  system  must  be  a  priority.  The  EU  must  strive  to  improve 
existing  legal  aid  schemes  and  to  harness  electronic  resources  (e-justice),  while  making  a 
special effort to give ordinary citizens access to legal translation and interpretation. Work will 
also be needed on simplifying the formalities for the legalisation of documents. Support for 
victims will have to be improved, particularly in cross-border cases. 

Legal tools must strive to support economic activity. The enforcement of court decisions 
needs to be improved, in particular by instituting a European procedure for the attachment of 
bank accounts. The work done on creating a common reference framework for contract law 
could  be  used  in  future  legislative  proposals,  and  standard  contracts  could  be  drawn  up. 
Further efforts are needed to harmonise rules on the law applicable to insurance contracts and 
company law. The Union may also decide, where necessary, to turn to criminal law to punish 
abuses in the financial sector.  

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A Europe that protects 

The  Union  and  the  Member States  should  ensure  that  training  of  security  professionals  is 
improved, in particular by setting up appropriate exchange programmes ('Erasmus' style).  

The Union must have a European information model to strengthen its capacities for strategic 
analysis and operational cooperation. 

The Union must develop an information systems architecture that guarantees interoperability, 
consistency and adaptation to needs.  

The priorities of the internal security strategy must be supported by research and development 
in order to promote optimal use of the most modern technologies.  

In order to support these efforts, consideration could be given to setting up a fund for internal 
security. 

All legal and operational tools must be mobilised to prevent criminals profiting from the area 
without  borders.  Operational  police  cooperation  must  be  improved  by  facilitating  police 
action  outside  national  borders  and  by  setting  up  a  pilot  centre  for  police  and  customs 
cooperation. 

Europol  must  play  a  central  role  in  coordination,  exchange  of  information,  and  training  of 
professionals.  

The  security  of  the  Union  requires  improved  police  cooperation  with  third  countries,  in 
particular countries in close proximity. 

The Union must introduce a complete European framework for taking evidence.  

The  system  for  exchanging  criminal  records  must  be  fully  utilised  and  expanded  (more 
widespread use and inclusion of non-EU third country nationals). 

The  Union  must  have  a  legal  framework  on  minimum  procedural  guarantees  and  must 
promote pilot schemes on alternatives to prison. 

The Union must  set up integrated border management that  will allow smooth  entry  into the 
Union,  while  guaranteeing  the  security  of  its  territory  and  the  fight  against  illegal 
immigration.  A  consistent  system  of  border  checks  covering  all  types  of  check  (a  one-stop 
shop)  must  be  set  up.  Frontex's  coordination  role  must  be  beefed  up  and  its  operational 
capacities  expanded,  as  must  the  coherence  of  its  action  with  that  of  the  European  Asylum 
Support Office. Eurosur will have to be established gradually.  

The SIS II and VIS information systems will have to enter their fully operational phase. An 
electronic system for recording entry and exit and a registered traveller programme must be 
established. The usefulness of a system of prior travel authorisation must be examined. 

The Union must set up a European Schengen visa. Common centres for issuing visas should 
be  established  in  third  countries  as  a  precursor  to  a  common  consular  authority.  Visa 
facilitation agreements with third countries will continue to be concluded and go hand in hand 
with the regular review of the lists of countries subject to the visa requirement. The European 

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visa  system  must  gradually  move  towards  a  visa  issue  system  based  on  individualised  risk 
analysis rather than risk analysis based on nationality. 

The  Union  must  introduce  a  European  policy  on  the  fight  against  organised  crime  that  is 
based on optimal use of all available tools. Five types of serious crime will be priority targets.  

The  Union  must  combat  human  trafficking  by  acting  more  effectively  against  smuggling 
networks  and  by  improving  intelligence  work  and  strategic  analysis,  by  introducing 
appropriate procedures for taking evidence, and by improving assistance to victims. 

The Union must combat sexual exploitation of children and child pornography, in particular 
by promoting exchange of information on convicted offenders. Close cooperation must also 
be  established  with  the  private  sector  in  order  to  identify  and  shut  down  or  block  access  to 
websites with paedophile content. The Union must clarify the rules on jurisdiction applicable 
to cybercrime and set up within Europol a European platform for notifying offences in order 
to combat this phenomenon more effectively. 

The Union must reduce the opportunities offered to organised crime by a globalised economy, 
in  particular  during  a  crisis  that  exacerbates  the  vulnerability  of  the  financial  system,  by 
intensifying action against economic crime. It must increase its capacity for investigation and 
for  forensic  financial  analysis;  identify  more  clearly  market  abuse;  improve  the  operational 
framework  for  confiscating  and  seizing  the  proceeds  of  crime;  fight  against  corruption,  and 
establish dissuasive measures against counterfeiting. 

The  Union  must  continue  and  deepen  its  drug  strategy,  which  advocates  a  global,  balanced 
approach based on based on the simultaneous reduction of supply and demand. Cooperation 
with certain regions in the world needs to be improved, civil society must be fully involved, 
and research work in this field strengthened. 

The Union must master the risk of terrorism by fighting effectively against radicalisation, the 
increasing use of the internet by terrorists, and the financing of terrorism. 

The  Union  must  strengthen  the  Civil  Protection  Mechanism  in  order  to  support  and 
supplement  the  action  taken  by  the  Member States,  including  risk  analysis  and  response 
capacity. 

The Union must improve its tools for mastering the terrorist risk. This involves in particular 
widening and implementing the Programme for Critical Infrastructure Protection, establishing 
a European strategy to deal with the dangers posed by CBRN materials (chemical, biological, 
radiological, nuclear), and implementing the Action Plan on Explosives. 

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Promoting  a  more  integrated  society:  a  Europe  that  displays  responsibility  and 
solidarity in immigration and asylum matters 

The EU needs to promote a dynamic and fair immigration policy.  

It must fully exploit and develop the global approach with a view to concerted management of 
migration in partnership with non-member countries. Migration issues are an integral part of 
EU external policy. 

The EU should promote the positive effects of migration for the development of the countries 
of origin. 

The Union needs a common framework for a flexible admission system for migrants that will 
enable it to adapt to increased mobility and the needs of national labour markets.  

To maximise the positive effects of legal immigration for the benefit of all, the EU must adopt 
an  immigration  code  and  common  rules  in  order  to  effectively  manage  family  reunification 
and support the Member States' integration efforts through a joint coordination mechanism. 

Better  controls  on  illegal  immigration  are  an  essential  counterpart  to  the  development  of  a 
common policy on legal immigration. The EU must combat illegal employment and pursue an 
effective policy on removal and return, making full use of existing instruments. The EU must 
promote  voluntary  return  and  pay  particular  attention  to  unaccompanied  minors.  It  must 
become a true common area offering protection and solidarity with a single asylum procedure 
and a uniform international protection status.  

It should provide for a true sharing of the responsibility for hosting and integrating refugees, 
including the setting-up of a voluntary mechanism for redistribution between Member States 
and common processing of asylum applications. Strict controls and a proper application of the 
acquis that would ensure the credibility of the common European asylum system and inspire 
trust  among  the  Member  States  are  needed.  In  the  longer  term,  the  principle  of  mutual 
recognition of all decisions granting protection status would facilitate transfers of protection. 

The EU must step up operational cooperation by giving the Asylum Support Office the means 
to do its job.  

An asylum policy based on solidarity with non-member countries faced with major inflows of 
refugees should be pursued. The EU should extend regional protection programmes and step 
up resettlement efforts. 

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