Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Justice, freedom and security in europe since 2005 : an evaluation of The Hague programme and action plan {SEC(2009) 765 final} {SEC(2009) 766 final} {SEC(2009) 767 final}
Date: 2009-06-10
Institutions: European Commission
Subjects: action programme, activity report, area of freedom, security and justice, common foreign and security policy, foreign policy, judicial cooperation in civil matters in the EU, police cooperation, public safety, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.6.2009 
COM(2009) 263 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

JUSTICE, FREEDOM AND SECURITY IN EUROPE SINCE 2005:  

AN EVALUATION OF THE HAGUE PROGRAMME AND ACTION PLAN 

{SEC(2009) 765 final} 
{SEC(2009) 766 final} 
{SEC(2009) 767 final} 

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I. 

INTRODUCTION  

Justice,  freedom  and  security  are  the  foundations  of  a  prosperous  and  peaceful  Europe. 
Building  the  capacity  needed  to  safeguard  these  fundamental  values  is  a  long  term  project. 
Europe also needs the flexibility to respond to unexpected and at times tragic events, such as 
the  terrorist  attacks  on  London  in  2005  or  the  deaths  over  the  past  decade  of  thousands  of 
immigrants seeking to enter EU territory by the Mediterranean Sea. The EU's policies in this 
area frame how its institutions, Member States and citizens interact with one another and on 
the international stage. 

The  Hague  Programme1  has  been  the  EU's  blueprint  for  realising  its  vision  in  the  areas  of 
access  to  justice,  international  protection,  migration  and  border  control,  terrorism  and 
organised crime, police and judicial cooperation and mutual recognition. 

The  Commission  has  carefully  monitored  the  implementation  of  the  Programme  at  EU  and 
Member  State  level.2  Individual  instruments  have  been  evaluated  by  the  Commission  or  by 
Member  States  through  peer  reviews.  Drawing  from  these  exercises,  this  communication 
highlights the principal themes which have emerged, and looks ahead to how the EU should 
respond  to  the  challenges  of  the  future.  Three  longer  documents  accompany  the 
communication: first, a report on the implementation of the programme which details, policy-
by-policy, objectives, significant developments and future challenges; second, an 'institutional 
scoreboard'  which  provides  an  overview  of  the  programme's  stated  instruments  and  targets; 
and third, an 'implementation scoreboard' on implementation at national level.  

The priorities for building on what has been achieved will be set out in the next multiannual 
programme (the Stockholm Programme).3 

II. 

BACKGROUND AND CONTEXT 

The Tampere European Council in 1999 set down the first multi-annual policy framework for 
the area of justice and home affairs. During the subsequent five years, the foundations were 
laid for a common asylum and immigration policy, for the harmonisation of border controls, 
and  for  closer  police  and  judicial  cooperation  based  on  mutual  trust  and  recognition.  This 
period witnessed the terrorist attacks on New York in 2001 and Madrid in 2004, the pressures 
of  increasing  migratory  flows  and  the  growing  threat  of  organised  crime.  These  events 
reinforced  Europe's  need  for  an  ongoing  strategy  to  tackle  cross-border  challenges  whilst 
upholding fully the fundamental rights of the citizen. 

The Hague Programme was the EU's response to this need. Its objectives were: 

•  to  improve  the  common  capability  of  the  Union  and  its  Member  States  to 
guarantee  fundamental  rights,  minimum  procedural  safeguards  and  access  to 
justice; 

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3 

The Hague Programme: strengthening freedom, security and justice in the European Union (OJ C 53, 
3.3.2005, p. 1), and the Council and Commission action plan implementing the Hague Programme on 
strengthening freedom, security and justice in the European Union (OJ C 198, 12.8.2005, p. 1). 
A  Commission  review  of  the  progress  made  in  the  implementation  of  the  Hague  Programme  by  the 
European Institution and by Member States ("Scoreboard") has been presented every year since 2006. 
The references are as follows: COM(2006) 333 final; COM(2007) 373 final; COM(2008) 373 final. 
COM(2009)262 

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•  to provide protection in accordance with the Geneva Convention on Refugees and 

other international treaties to persons in need; 

•  to regulate migration flows and to control the external borders of the Union; 

•  to fight organised cross-border crime and repress the threat of terrorism; 

•  to realise the potential of Europol and Eurojust; 

•  to carry further the mutual recognition of judicial decisions and certificates both 

in civil and in criminal matters; and 

•  to  eliminate  legal  and  judicial  obstacles  in  litigation  in  civil  and  family  matters 

with cross-border implications. 

Significant  developments  within  the  EU  and  globally  have  formed  the  backdrop  to  the 
implementation  of  the  programme.  The  accession  of  12  more  Member  States  in  2004  and 
2007 transformed the Union and how it functions. Asylum applications fell before starting to 
rise again in 2007, while migratory pressures on the southern external border of the EU have 
grown markedly. Already confronted by a decline in the working age population over the long 
term,  Europe’s  economy  now  faces  a  period  of  rising  unemployment  and  economic 
uncertainty.  

III. 

AN AMBITIOUS PROGRAMME WITH VISIBLE ACHIEVEMENTS 

Europe-wide  initiatives  in  the  area  of  justice,  freedom  and  security  are  new  in  comparison 
with  other  activities  of  the  EU,  and  many  of  them  will  take  a  while  to  bear  fruit.  These 
initiatives  have  a  direct  impact  on  peoples’  lives,  and  according  to  opinion  surveys  EU 
citizens have high expectations. As with Tampere, the Hague Programme adopted a long term 
perspective,  but  it  went  further  in  that  its  strategic  aims  were  accompanied  by  a  detailed 
action  plan  for  delivering  them.  Progress  has  been  mixed,  but  there  have  been  visible 
achievements. 

III.1. 

Strengthening freedom 

III.1.1  Protection of fundamental rights 

A  systematic  and  rigorous  monitoring  system  was  put  in  place4  ensuring  that  the 
Commission's  legislative  proposals  are  fully  compatible  with  the  Charter  of  Fundamental 
Rights.  The  Fundamental  Rights  Agency5  opened  its  doors  on  1  March  2007  and  is  now 
assisting EU institutions  and Member States through  research projects and data collation. A 
comprehensive approach for promoting the rights of the child was launched,6 leading to the 
establishment  of  the  European  Forum  for  the  Rights  of  the  Child.  The  forum  provides  the 
opportunity for all interested parties to work together to put children's rights at the heart of all 

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6 

'Compliance  with  the  Charter  of  Fundamental  Rights  in  Commission  legislative  proposals  - 
Methodology for systematic and rigorous monitoring', COM(2005) 172 final. 
Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for 
Fundamental Rights, OJ L 53, 22.2.2007, p. 1. 
'Towards an EU strategy on the rights of the child ', COM(2006) 367 final. 

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the  EU's  activities.  The  EU  adopted  a  framework  decision  requiring  Member  States  to 
sanction those who incite racist violence or hatred.7 

In both its internal and external policies, the EU promoted respect for the right to protection of 
personal  data  and  privacy  while  recognising  the  need  for  law  enforcement  authorities  to 
exchange  relevant  information  in  the  fight  against  terrorism  and  serious  crime.  Further 
guarantees  have  been  achieved  for  the  protection  of  personal  data  processed  within  the 
framework  of  police  and  judicial  cooperation  in  criminal  matters.8  As  a  result  of  the  Data 
Protection Directive,9 the Commission has reported, individuals are protected against general 
surveillance,  consumers  are  confident  that  details  provided  for  transactions  will  not  be 
misused, and businesses can operate in the EU without fearing disruption of their international 
activities.10  Privacy  enhancing  technologies11  were  promoted  for  designing  information 
systems which keep the collection and use of personal data to a minimum. Working with third 
countries, the EU reached a long term agreement with the United States, Canada and Australia 
on the transfer of Passenger Name Records, and guarantees have been secured on the use of 
personal data originating in the EU and held by the processing body SWIFT for the purposes 
of fighting terrorism. 

III.1.2  Citizenship of the Union 

The  lifting  of  controls  at  internal  borders  in  the  Schengen  area  of  twenty-five  countries  has 
enabled  people  to  travel  from  the  Iberian  Peninsula  to  the  Baltic  States  and  from  Greece  to 
Finland without having  to go through any  border checks. This potentially benefits over 400 
million  EU  citizens,12  and  implies  that  Member  States  trust  in  each  other's  ability  to  guard 
effectively  the  external  borders  on  behalf  of  the  EU  and  to  issue  visas  valid  for  the  whole 
Schengen area. 

In  April  2006  the  directive  on  the  right  of  citizens  of  the  Union  to  move  and  reside  freely 
within  the  Member  States  entered  into  force.13  Overall  transposition  to  date  has  been 
disappointing,14 and the Commission is stepping up its efforts to ensure that EU citizens and 
their families are able to enjoy fully their rights under this landmark directive. 

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Council  Framework  Decision  2008/913/JHA  of  28 November  2008  on  combating  certain  forms  and 
expressions of racism and xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55. 
Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data 
processed  in  the  framework  of  police  and  judicial  cooperation  in  criminal  matters,  OJ  L  350, 
30.12.2008, p. 60. 
Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24  October  1995  on  the 
protection of  individuals  with  regard  to  the  processing of  personal  data and on  the free  movement  of 
such data, OJ L 281, 23.11.1995, p. 31.  
'Communication from the Commission to the European Parliament and the Council on the follow-up of 
the Work Programme for better implementation of the Data Protection Directive', COM(2007) 87 final. 
'Communication from the Commission to the European Parliament and the Council on Promoting Data 
Protection by Privacy Enhancing Technologies (PETs)', COM(2007) 228 final. 
The total population of the 25 Schengen Member States is 411,310,500 (Estimation: Eurostat 2009). 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC, OJ L 158, 30.4.2004, p. 77. 
'Report  from  the  Commission  to  the  European  Parliament  and  the  Council  on  the  application  of 
Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside 
freely within the territory of the Member States', COM(2008) 840 final. 

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A  series  of  measures  have  been  proposed  to  make  the  right  of  EU  citizens  to  consular 
protection  a  reality.15  An  estimated  8.7%  of  EU  citizens,  or  7  million  people,  travelling 
outside the EU  do so to  countries where their Member State  is not  represented. A  further 2 
million EU citizens live in such countries. The action plan for 2007-200916 aimed to address 
current and foreseeable shortcomings in this area. 

III.1.3  The Common European Asylum System 

The Common European Asylum System is a powerful statement of our values, our respect for 
human dignity and our commitment to shared responsibility. The first phase of this system set 
down common minimum standards which, in accordance with the Treaty of Nice, allowed for 
the transition to co-decision and qualified majority voting. Under the Hague Programme, after 
a wide consultation, 17 the system started to move into its second phase of development with 
the adoption in 2008 of a policy plan.18 Amendments to the Reception Conditions Directive 
and to the Dublin and Eurodac Regulations have already been proposed as part of this plan. 
Operational experience has consistently pointed to the need for practical cooperation, and in 
the  proposed  establishment  of  the  Asylum  Support  Office  the  EU  sought  a  coherent  and 
efficient means of responding to these challenges. With regard to the external dimension, Pilot 
Regional Protection Programmes were established in a number of third countries to increase 
their protection capacities. 

III.1.4  Migration and integration  

The  EU  worked  to  improve  the  management  of  migration  flows  and  to  coordinate  national 
integration  policies.  Minimum  standards  of  fairness,  consistency  and  certainty  were 
established,  and  efforts  were  made  to  harness  the  untapped  employment  potential  of  third-
country nationals already resident in EU whilst preventing the adverse effects of 'brain drain' 
in source countries. 

On  the  basis  of  a  green  paper,19  a  policy  plan20  set  out  the  initiatives  to  be  taken  on  legal 
migration between 2006 and 2009. As part of the implementation of this plan, conditions were 
set down for the entry, employment and residence of third-country nationals,21 and the 'Blue 
Card' will soon become a reality.22 

Maximising the economic benefit of legal migration was accompanied by concerted efforts to 
combat illegal migration and those who profit from human smuggling and trafficking. Illegal 

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Green Paper 'Diplomatic and consular protection of Union citizens in third countries', COM(2006) 712 
final. 
'Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions - Effective consular protection in 
third  countries:  the  contribution  of  the  European  Union  -  Action  Plan  2007-2009,  COM(2007)  767 
final. 
Green Paper on the future of the Common European Asylum System, COM(2007) 301 final. 
'Policy plan on asylum - An integrated approach to protection across the EU', COM(2008) 360 final. 
Green Paper on an EU approach to managing economic migration, COM (2004) 811 final. 
'Policy Plan on Legal Migration', COM(2005) 669 final. 
Proposal for a Council Directive on a single application procedure for a single permit for third-country 
nationals to reside and work in the territory of a Member State and on a common set of rights for third-
country workers legally residing in a Member State, COM(2007) 638 final. 
The proposal for a Council Directive on the conditions of entry and residence of third-country nationals 
for  the  purposes  of  highly  qualified  employment,  COM(2007)  637  final,  has  been  adopted  by  the 
Council on 25.5.2009 

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migration  is  not  increasing  in  the  EU  as  a  whole,  but  Mediterranean  Member  States  are 
shouldering an increasing share of the burden. Particularly worrying is the number of people 
arriving  after  dangerous  sea  crossings.23  The  opportunity  of  illegal  employment  results  in 
exploitation  of  the  individual  and  distorting  effects  on  the  EU  economy.  The  Commission's 
proposal  for  a  directive  providing  for  sanctions  against  employers  of  illegally-staying  third-
country nationals was expected to be adopted in the first semester of 2009.24 This will send a 
clear signal that the EU will not tolerate illegal migration, especially where it is encouraged 
by unscrupulous employers.  

Common  principles  and  a  framework  for  the  integration  of  third-country  nationals25  were 
established,  including  handbooks  on  integration  for  policy-makers  and  practitioners,  a  one-
stop-shop European website on integration and a European Integration Forum. Member States 
efforts  within  this  common  agenda  are  being  supported  by  the  European  Fund  for 
Integration,26 with €825 million alloca ted for the period 2007-2013. 

Overall,  the  Commission's  Communication  on  a  Common  Immigration  Policy  for  Europe,27 
and  the  European  Pact  on  Immigration  and  Asylum28  which  followed  shortly  after,  brought 
together 10 years of work and laid the ground for a coherent approach in the future. 

III.1.5  Border management  

Managed migration requires secure borders. There are 1636 designated points of entry to the 
EU’s territory. In 2006 there were an estimated 900 million external border crossings and 8 
million  illegal  immigrants  in  the  EU-25.  In  the  same  year  500,000  illegal  immigrants  were 
apprehended in the EU of whom 40% were subsequently returned.  

FRONTEX, the agency for coordinating border control cooperation between Member States, 
has  been  instrumental  to  the  EU’s  response  to  these  challenges.  From  2005  to  2008,  it 
conducted  50  joint  operations  and  23  pilot  projects  involving  several  Member  States.  The 
Schengen Borders Code29 became effective in all EU Member States and set down standards 
and  procedures  they  have  to  follow  in  controlling  the  movement  of  persons  across  internal 
and external EU borders. A package of Commission proposals laid down new milestones for 
progress  towards  integrated  border  management:  an  entry-exit  system30  through  automatic 
alerts  where  someone  overstays  his/her  visa,  a  system  for  the  surveillance  of  the  EU's 
southern and eastern external borders (known as EUROSUR)31 and the evaluation and future 

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'Third  annual  report  on  the  development  of  a  common  policy  on  illegal  immigration,  smuggling  and 
trafficking of human beings, external borders, and the return of illegal residents', SEC(2009) 320. 
Proposal for a directive of the European Parliament and of the Council providing for sanctions against 
employers of illegally staying third-country nationals, COM(2007) 249 final. 
'Common  Basic  Principles',  Council  document  14615/04,  p.  15;  'A  Common  Agenda  for  Integration: 
Framework  for  the  Integration  of  Third-Country  Nationals  in  the  European  Union',  COM(2005)  389 
final. 
Council Decision 2007/435/EC of 25 June 2007 establishing the European Fund for the Integration of 
third-country  nationals  for  the  period  2007  to  2013  as  part  of  the  General  programme  Solidarity  and 
Management of Migration Flows, OJ L 168, 28.6.2007, p. 18. 
'A common immigration policy for Europe: Principles, actions and tools', COM(2008) 359 final. 
'European Pact on Immigration and Asylum', Council document 13440/08. 
Regulation  (EC)  No 562/2006  of  the  European  Parliament  and  of  the  Council  of  15 March  2006 
establishing  a  Community  Code  on  the  rules  governing  the  movement  of  persons  across 
borders (Schengen Borders Code), OJ L 105, 13.4.2006, p. 1. 
'Preparing the next steps in border management in the European Union', COM(2008) 69 final. 
'Examining the creation of a European border surveillance system (EUROSUR)', COM(2008) 68 final. 

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development  of  FRONTEX.32  The  Return  Directive33  provided  for  effective  and  humane 
standards in the return of illegal immigrants.  

New  technologies  are  being  exploited  in  the  development  of  a  modern,  integrated  border 
management system. Biometric passports were introduced in 2006. The second generation of 
the Schengen Information System and the Visa Information System is under development and 
their  legal  framework  has  been  established.  These  systems  will  allow  increased  use  of  new 
technologies,  especially  biometrics,  and  so  contribute  to  the  security  of  the  Schengen  area 
whilst ensuring that data protection requirements are fully respected. 

III.1.6  Visa policy  

A legislative framework for the implementation and operation of the Visa Information System 
(VIS)  was  adopted  in  200834  facilitating  checks  at  external  border  crossing  points  and  the 
exchange of visa data  between  Member States. The Commission  proposed  the creation of a 
legal basis for Member States to take mandatory biometric identifiers from visa applicants and 
to  give  a  legal  framework  for  the  organisation  of  Member  States  consular  offices.35  The 
Common  Consular  Instructions  were  recast,  and  a  Visa  Code  proposed,36  to  increase 
transparency,  harmonisation  of  procedures,  and  legal  certainty.  Visa  facilitation  agreements 
were  negotiated  with  Russia,  Ukraine,  the  Republic  of  Moldova,  Albania,  Bosnia  and 
Herzegovina,  the  Former  Yugoslav  Republic  of  Macedonia,  Serbia  and  Montenegro.  These 
agreements, which entered into force in 2007 and 2008, simplified procedures for citizens of 
these countries wishing to travel to the EU for short stays. Full visa reciprocity37 was achieved 
with  Costa  Rica,  Israel,  Malaysia,  Mexico,  New  Zealand,  Nicaragua,  Panama,  Paraguay, 
Singapore,  Uruguay  and  Venezuela,  and  progress  was  also  made  with  Australia,  Brunei 
Darussalam,  Canada  and  the  United  States.  The  proposal  for  the  creation  of  common  visa 
application centres38 awaits adoption, with two pilot centres already established.  

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36 

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'Report on the evaluation and future development of the FRONTEX Agency', COM(2008) 67 final. 
Directive  2008/115/EC  of  the  European  Parliament  and  of  the  Council  of  16 December  2008  on 
common  standards  and  procedures  in  Member  States  for  returning  illegally  staying  third-country 
nationals, OJ L 348, 24.12.2008, p. 98. 
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning 
the  Visa  Information  System  (VIS)  and  the  exchange  of  data  between  Member  States  on  short-stay 
visas  (VIS  Regulation),  OJ  L  218,  13.8.2008,  p.  60;  and  Council  Decision  2008/633/JHA  of  23 June 
2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities 
of  Member  States  and  by  Europol  for  the  purposes  of  the  prevention,  detection  and  investigation  of 
terrorist offences and of other serious criminal offences, OJ L 218, 13.8.2008, p. 129. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  the  Common 
Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction 
of  biometrics  including  provisions  on  the  organisation  of  the  reception  and  processing  of  visa 
applications, COM(2006) 269 final. 
Draft  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing  a 
Community Code on Visas, COM(2006) 403 final. 
Four  "reciprocity  reports"  have  been  published:  COM(2006)  3  final;  COM(2006)  568  final; 
COM(2007) 533 final; COM(2008) 486 final/2. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending  the  Common 
Consular Instructions on visas for diplomatic missions and consular posts in relation to the introduction 
of  biometrics  including  provisions  on  the  organisation  of  the  reception  and  processing  of  visa 
applications, COM(2006) 269 final. 

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III.1.7  The external dimension of asylum and migration 

Global  problems  require  global  solutions.  The  'Global  Approach'  to  migration,  based  on 
genuine  partnership  with  third  countries,  demonstrated  a  commitment  to  taking  the  widest 
possible  perspective  of  the  drivers  behind,  and  the  consequences  of,  migration  flows  from 
third  countries  into  the  EU.  Migration  is  now  better  integrated  into  the  Commission's 
development agenda and the EU's other external policies. This reflected a major change from 
a primarily security-centred approach to one guided by a deeper understanding of all aspects 
relevant to migration. Channels were opened for new partnerships and constructive dialogue 
with  regions  neighbouring  the  EU  and  with  Africa,  Asia  and  Latin  America.  These 
discussions  were  backed  up  with  action  on  the  ground,  aiming  at  making  migration  and 
mobility positive forces for development, at better managing legal migration and at preventing 
and reducing illegal migration. Community cooperation instruments gave concrete expression 
to  the  Global  Approach  by  funding  many  projects  in  these  areas  and  in  the  area  of  refugee 
protection.  The  Thematic  Programme  on  Migration  and  Asylum  was  established  for  this 
purpose  with  a  budget  of  €384  million  for  2007- 2013.  Meanwhile  new  tools  and  concepts 
were promoted, such as mobility partnerships between the EU and third countries.  

III.2. 

Strengthening security  

III.2.1  Terrorism  

The Madrid and London bombings of 2004/5 represented the most shocking attacks in the EU 
in recent years. There have however also been an alarming number of other attempted attacks 
many  of  which  went  unnoticed.  In  2007,  almost  600  failed,  foiled  or  successfully  executed 
terrorist attacks were carried out in eleven EU Member States.39 

In  terms  of  prevention,  the  EU  funded  several  projects  including  a  handbook  for  tackling 
radicalisation in prisons.. The directive on the prevention of the use of the financial system for 
terrorist financing extended the obligation to report on suspicious transactions to non-financial 
business  including  casinos  and  lawyers.40  As  a  result  of  the  regulation  adopted  in  2005, 
travellers  entering  or  leaving  the  EU  with  €10,000  or  more  in   cash  are  required  to  make  a 
written  declaration.41  The  EU  adopted  legislation  for  the  criminalisation  of  terrorist  training 
and  recruitment  and  of  public  provocation  to  commit  terrorist  offences,  including  over  the 
Internet.42 Funds were allocated for the installation of an EU-wide Early Warning System to 
notify authorities of threats posed by missing or stolen explosives. 

Instruments  to  enhance  the  protection  of  critical  infrastructure  in  the  EU  –  roads,  railways, 
electricity networks and power stations – were put in place.43 The Commission consulted on 

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41 

42 

43 

and 

'EU 

Trend 

2007', 

Report 

Situation 

Terrorism 

Europol, 
http://www.europol.europa.eu/publications/TESAT/TESAT2007.pdf 
Directive  2005/60/EC  of  the  European  Parliament  and  of  the  Council  of  26  October  2005  on  the 
prevention  of  the  use  of  the  financial  system  for  the  purpose  of  money  laundering  and  terrorist 
financing, OJ L 309, 25.11.2005, p. 15. 
Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on 
controls of cash entering or leaving the Community, OJ L 309, 25.11.2005, p. 9. 
Council  Framework  Decision  2008/919/JHA  of  28 November  2008  amending  Framework  Decision 
2002/475/JHA on combating terrorism, OJ L 330, 9.12.2008, p. 21. 
Communication from the Commission on a European Programme for Critical Infrastructure Protection, 
COM(786)  final,  and  Council  Directive  2008/114/EC  of  8 December  2008  on  the  identification  and 

available 

at: 

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bio-preparedness by way of a Green Paper44 and will soon put forward a package of proposals 
aiming  at  reducing  the  risk  of  chemical,  biological,  radiological  and  nuclear  threats,  which 
have the potential to harm thousands of people, to destroy agriculture and to damage severely 
the food supply chain. 

III.2.2  Police cooperation  

The  EU’s  work  during  the  past  5  years  was  predicated  on  the  'principle  of  availability' 
whereby a law enforcement officer from one Member State during the course of his duties can 
obtain information, where it is available, from another Member State.  

The exchange of information and intelligence was simplified.45 The incorporation of the Prüm 
Treaty  into  EU  legislation46  provided  indirect  access  to  Member  States'  databases  on 
fingerprints and DNA information, and direct, controlled access to vehicle registration files. 
This is likely to improve considerably police cooperation throughout the EU by enabling them 
to know what information is available. Conditions for access for security purposes to the VIS 
were  adopted,47  while  conditions  for  the  retention  of  electronic  communications  traffic  and 
location  data48  were  transposed  by  most  Member  States  in  relation  to  fixed  telephone 
networks and mobile telephony. 

The  Council  Decision  establishing  the  European  Police  Office  (Europol)  and  replacing  the 
former Convention will give the body greater operational flexibility to respond more rapidly 
to  trends  in  crime.49  Alongside  its  information  system,  designed  to  collect  data  relating  to 
serious cross border crime and to allow for its exchange, Europol's Analytical Work Files are 
tools  to  provide  law  enforcement  services  in  Member  States  with  relevant  intelligence  on 
specific  criminal  phenomena,  including  trafficking  in  human  beings,  terrorism,  credit  card 
fraud and synthetic drugs trafficking. 

III.2.3  Organised crime  

Threats to the EU come from organised crime gangs' involvement in drugs, stolen vehicles, 
robbery and high tech crime such as identity theft. These along with financial crimes - fraud, 

44 
45 

46 

47 

48 

49 

designation  of  European  critical  infrastructures  and  the  assessment  of  the  need  to  improve  their 
protection, OJ L 345, 23.12.2008, p. 75. 
Green Paper on bio-preparedness, COM(2007) 399 final. 
Council  Framework  Decision  2006/960/JHA  of  18  December  2006  on  simplifying  the  exchange  of 
information  and  intelligence  between  law  enforcement  authorities  of  the  Member  States  of  the 
European Union, OJ L 386, 29.12.2006, p. 89.  
Council  Decision  2008/615/JHA  of  23 June  2008  on  the  stepping  up  of  cross-border  cooperation, 
particularly  in  combating  terrorism  and  cross-border  crime,  OJ  L  210,  6.8.2008,  p.  1  and  Council 
Decision  2008/616/JHA  of  23 June  2008  on  the  implementation  of  Decision  2008/615/JHA  on  the 
stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, OJ 
L 210, 6.8.2008, p. 12. 
Council  Decision  2008/633/JHA  of  23 June  2008  concerning  access  for  consultation  of  the  Visa 
Information System (VIS) by designated authorities of Member States and by Europol for the purposes 
of  the  prevention,  detection  and  investigation  of  terrorist  offences  and  of  other  serious  criminal 
offences, OJ L 218, 13.8.2008, p. 129. 
Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention 
of  data  generated  or  processed  in  connection  with  the  provision  of  publicly  available  electronic 
communications services or of public communications networks and amending Directive 2002/58/EC, 
OJ L 105, 13.4.2006, p. 54. 
Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol), OJ 
L 121, 15.5.2009, p. 37. 

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counterfeiting,  money  laundering  -  all  generate  large  profits  and  are  harmful  to  the  EU's 
economy. The establishment of national asset recovery offices for faster EU-wide tracing of 
funds50  has  been  encouraged  and  an  intelligence-led  approach  was  promoted  in  view  of 
tackling  these  threats.  On  money  laundering,  FIU.NET  has  been  established.  This 
decentralised  computer  network  connects  EU  Financial  Intelligence  Units  to  exchange 
efficiently financial intelligence information. A new instrument on the fight against organised 
crime51 allows for further cooperation between Member States. The Commission in May 2007 
proposed a series of measures for better coordination in the fight against cyber crime,52 both 
among law enforcement authorities and between them and the private sector. Cyber crime is 
at  times  synonymous  with  the  exploitation  of  children.  The  establishment  of  the  Financial 
Coalition  against  Child  Pornography  enables  the  Commission,  credit  card  issuers,  law 
enforcement bodies and internet service companies to work together to eliminate commercial 
child  pornography  by  taking  action  on  the  payment  systems  used  to  fund  these  illegal 
operations.  The  Commission  put  forward  a  framework  decision  for  strengthening  actions  to 
prevent and combat child exploitation in spring 2009, alongside a proposal for a framework 
decision on trafficking in human beings following up the 2005 action plan.53  

III.2.4  European Strategy on Drugs 

The  EU  Drugs  Strategy  (2005-2012)54  and  action  plans55  set  out  a  balanced  and  integrated 
approach involving prevention of drug abuse, assistance and rehabilitation of those dependent 
on drugs, combating illegal drug trafficking, the control of precursors, money laundering, and 
the strengthening of international cooperation. Evidence gathered by the European Monitoring 
Centre  on  Drugs  and  Drug  Addiction  shows  that  the  use  of  heroin,  cannabis  and  synthetic 
drugs  has  stabilised,  but  that  cocaine  use  is  rising  in  several  Member  States.  The  EU  is 
addressing  the  complex  social  phenomenon  of  widespread  substance  use  and  abuse  in  the 
population, and is increasingly focusing on measures to address the harm caused by drugs to 
individuals and society.  

III.3. 

Strengthening justice 

Under  the  Hague  Programme,  the  development  of  a  'European  area  for  justice'  started  to 
deliver  results  for  Member  States  and  EU  citizens.  Eurojust  and  the  European  Judicial 
Networks  provide  the  infrastructure  for  judicial  cooperation  and  the  coordination  of 
investigations  and  prosecutions  across  internal  borders.  In  civil  matters,  directly  applicable 
regulations  allow  citizens  and  businesses  involved  in  cross  border  legal  disputes  to  know 

50 

51 

52 
53 

54 
55 

Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery 
Offices  of  the  Member  States  in  the  field  of  tracing  and  identification  of  proceeds  from,  or  other 
property related to, crime, OJ L 332, 18.12.2007, p. 103. 
Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, 
OJ L 300, 11.11.2008, p. 42. 
'Towards a general policy on the fight against cyber crime', COM(2007) 267 final. 
Proposal  for  a  Council  Framework  Decision  on  combating  the  sexual  abuse,  sexual  exploitation  of 
children  and  child  pornography,  repealing  Framework  Decision  2004/68/JHA,  COM(2009)  315  final; 
proposal for a Council Framework Decision on preventing and combating trafficking in human beings, 
and protecting victims, repealing Framework Decision 2002/629/JHA, COM(2009) 316 final.  
EU Drugs Strategy (2005-2012) endorsed by the Council in 2004, Council Document 15074/04. 
On the basis of the Communication on a EU Drugs Action Plan (2005-2008), COM(2005) 45 final, the 
Council  endorsed  the  'EU  drugs  action  plan  (2005-2008)'  in  2005,  OJ  C  168,  8.7.2005,  p.  1.  On  the 
basis  of  the  Communication  on  a  EU  Drugs  Action  Plan  for  2009-2012,  COM(2008)  567  final,  the 
Council endorsed the 'EU Drugs Action Plan for 2009-2012', OJ C 326, 20.12.2008, p. 7. 

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which courts have jurisdiction, and what rules apply to the recognition of a judgment given in 
another Member State.  

III.3.1  Judicial cooperation in criminal matters  

The European Arrest Warrant cut substantially the time and effort required for criminals to be 
surrendered. Cases treated under the old extradition process often took over a year, now they 
take between 11 days and 6 weeks. In 2007,  2667  effective surrenders as a result of served 
warrants  were  reported,  and  in  2005  it  was  used  to  secure  the  rapid  return  of  one  of  the 
London bombers from Italy to the UK. Member States relied increasingly on Eurojust when 
investigating  and  prosecuting  serious  crimes.  In  2007  over  1000  cases  were  registered, 
compared to 192 in 2002.  

III.3.2  Facilitating civil law procedure across borders  

Significant  progress  was  made  in  the  civil  and  commercial  justice  sphere.  EU  citizens  now 
have  a  simpler  and  quicker  means  for  small  claims  and  debts  to  be  dealt  with.56  The  EU 
brought  in  harmonised  rules  on  the  law  applicable  to  civil  liability  and  contracts.57  Judicial 
cooperation  was  improved  by  revised  rules  on  the  service  of  documents.58  Significant 
developments  in  the  external  aspects  of  judicial  cooperation59  included  the  accession  of  the 
EC to the Hague Conference of Private International Law,60 and preparatory work undertaken 
by  the  Commission  on  how  to  improve  the  enforcement  of  judgments  in  the  EU.61  Certain 

56 

57 

58 

59 

60 

61 

Regulation  (EC)  No  861/2007  of  the  European  Parliament  and  of  the  Council  of  11 July  2007 
establishing  a  European  Small  Claims  Procedure,  OJ  L  199,  31.7.2007,  p.  1;  Regulation  (EC) 
No 1896/2006  of  the  European  Parliament  and  of  the  Council  of  12 December 2006  creating  a 
European order for payment procedure, OJ L 399, 30.12.2006, p. 1. 
Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the 
law applicable to contractual obligations (Rome I), OJ L 177, 4.7.2008, p. 6. 
Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 
on  the  service  in  the  Member  States  of  judicial  and  extrajudicial  documents  in  civil  or  commercial 
matters  (service  of  documents),  and  repealing  Council  Regulation  (EC)  No 1348/2000,  OJ  L  324, 
10.12.2007, p. 79. 
Council  Decisions  2006/325-326/EC  concerning  the  conclusion  of  the  Agreement  between  the 
European  Community  and  Denmark,  OJ  L  120,  5.5.2006,  p.  22  and  p.  23;  Council  Decision 
2007/712/EC of 15  October 2007  on  the  signing,  on behalf  of  the  Community,  of  the  Convention on 
jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters  (the 
'Lugano Convention'), OJ L 339, 21.12.2007, p. 1; and Council Decision 2008/431/EC of 5 June 2008 
authorising certain Member States to ratify, or accede to, in the interest of the European Community, 
the  1996  Hague  Convention  on  Jurisdiction,  Applicable  Law,  Recognition,  Enforcement  and 
Cooperation  in  respect  of  Parental  Responsibility  and  Measures  for  the  Protection  of  Children  and 
authorising certain Member States to make a declaration on the application of the relevant internal rules 
of  Community  law  -  Convention  on  Jurisdiction,  Applicable  Law,  Recognition,  Enforcement  and 
Cooperation  in  respect  of  Parental  Responsibility  and  Measures  for  the  Protection  of  Children,  OJ  L 
151, 11.6.2008, p. 36.  
Council  Decision  2006/719/EC  of  5 October  2006  on  the  accession  of  the  Community  to  the  Hague 
Conference on Private International Law, OJ L 297, 26.10.2006, p. 1.. 
'Report from the Commission to the Council, the European Parliament and the European Economic and 
Social Committee on the application of Council Decision 2001/470/EC establishing a European Judicial 
Network in civil and commercial matters', COM(2006) 203 final; Green Paper 'Effective enforcement 
of judgments in the European Union: the transparency of debtors’ assets ', COM (2008) 128 final; and 
Green Paper on improving the efficiency of the enforcement of judgments in the European Union: the 
attachment of bank accounts, COM(2006)618 final. 

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aspects  of  mediation  in  civil  and  commercial  matters  were  addressed  with  the  aim  of 
promoting alternative means of resolving disputes.62  

A  new  regulation  concerning  matrimonial  matters  and  parental  responsibility  ensured  that 
children can maintain regular contacts with both parents following a separation, and provided 
clear  rules  to  deter  child  abduction  all  over  the  EU.  A  further  regulation,  once  ratified,  will 
speed up the recovery of maintenance obligations in the EU.63 A legislative proposal on the 
law  applicable  to  divorce  (known  as  'Rome  III')  is  being  discussed  in  the  Council  and 
Parliament. 

III.3.3  Mutual recognition  

Mutual  recognition  is  the  cornerstone  of  judicial  cooperation.  The  EU  has  made  significant 
progress in this area at both legislative and operational levels. Through the implementation of 
the  strategy  and  action  plan  on  European  e-Justice,64  EU  citizens  will  have  access  to 
information  about  services  in  EU  justice  area  and  communication  and  cooperation  among 
judicial  authorities  will  be  facilitated.  The  Justice  Forum,  a  platform  for  regular  dialogue 
about policies and practice, should strengthen mutual trust, an essential ingredient for mutual 
recognition.  

Effective  cooperation  begins  with  adequate  training  of  the  people  working  on  the  frontline. 
The  Commission  has  prioritised  the  funding  of  judicial  study,  training  and  exchange 
programmes – the latter involving 400 judges and prosecutors in 2007 alone. 

III.4.  External relations 

Internal  and  external  policies  in  the  area  of  justice  freedom  and  security  are  inextricably 
linked.  In  the  Hague  Programme,  the  Commission  and  the  Secretary-General/  High 
Representative  were  mandated  to  present  to  the  Council  a  strategy  covering  all  external 
aspects  of  EU  policy  on  freedom,  security  and  justice.  This  strategy,65  endorsed  in  2005  by 
the  Council,  set  out  thematic  priorities,  namely,  human  rights,  addressing  weak  governance 
and  state  failure,  judicial  cooperation,  counter-terrorism,  organised  crime,  corruption,  drugs 
and  managing  migration  flows,  together  with  a  series  of  underlying  principles  and  delivery 
mechanisms.  Two  progress  reports  on  the  strategy  were  produced.66  These  priorities  were 

62 

63 

64 
65 

66 

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects 
of mediation in civil and commercial matters, OJ L 136, 24.5.2008, p. 3.. 
Council  Regulation  (EC)  No  2201/2003  of  27  November  2003  concerning  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  matrimonial  matters  and  the  matters  of  parental 
responsibility,  repealing  Regulation  (EC)  No  1347/2000,  OJ  L  338,  23.12.2003,  p.  1;  Council 
Regulation  (EC)  No  4/2009  of  18 December  2008  on  jurisdiction,  applicable  law,  recognition  and 
enforcement  of  decisions  and  cooperation  in  matters  relating  to  maintenance  obligations,  OJ  L  7, 
10.1.2009, p. 1. 
'Towards a European e Justice Strategy", COM(2008) 329 final. 
'Strategy for the external dimension of JHA: Global freedom, security and justice', Council document 
15446/05. 
'Progress  report  on  the  implementation  of  the  Strategy  for  the  External  Dimension  of  JHA:  Global 
Freedom, Security and Justice', SEC(2006) 1498; 'Second progress report on the implementation of the 
Strategy for the External Dimension of JHA: Global Freedom, Security and Justice', SEC(2008) 1971. 

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included  in  the  2003  European  Security  Strategy,  which  identified  the  key  threats  facing 
Europe. An implementation report was published in December 2008.67  

III.5.  Financial instruments 

Various financial instruments were created to support action at EU and Member State level. 
The  Solidarity  and  Management  of  Migration  Flows  programme68  supports  immigration 
policy: almost €4 billion was allocated to migration issues for 2007-2013. The Security and 
Safeguarding Liberties programme69 (€745 million for 2007-2013) helps the EU in pursuing 
its fight against terrorism and crime. The Fundamental Rights and Justice programme70 (€542 
million in total) contributes funds to the e-Justice Action Plan and the Daphne Programme (on 
violence against children, young people and women). 

Under  the  7th  Community  Framework  Programme  for  Research  and  Technological 
Development, up to € 1.5 billion is available to build capacity for protecting citizens, borders 
and infrastructure against terrorist and other threats. There are also funds available for socio-
economic  research  into  criminality  and  the  protection  of  fundamental  rights.  The  European 
Security  Research  and  Innovation  Forum  (known  as  ESRIF)  was  set  up  to  bring  together 
public and private partners to develop a joint agenda for civil security research and innovation 
over the mid- to long term.71 

In  the  area  of  external  aid,  several  financial  instruments  support  the  external  dimension  of 
justice, freedom and security: the Instrument for Pre-Accession, the European Neighbourhood 
and Partnership Instrument, the Instrument for Stability, the European Development Fund and 
the  Development  Cooperation  Instrument,  which  includes  the  Thematic  Programme  on 
Migration and Asylum. 

IV. 

MIXED PROGRESS IN SOME AREAS 

There have been considerable advances towards realising many of the ambitions set out in the 
Hague  Programme,  and  most  of  the  specific  measures  it  envisaged  have  been  adopted.  The 
full  fruits  of  many  of  these  measures  will  only  become  apparent  in  the  longer  term. 
Nevertheless, progress in certain areas remains mixed or limited.  

This uneven progress can be to a large extent explained by the unique challenges faced by the 
JLS area: a relatively young acquis, an insufficient role of the European Parliament in certain 
policy areas, a limited jurisdiction of the European Court of Justice and a limited competence 
of Commission to bring infringement, and the requirement for unanimity for decision-making 

67 

68 

69 

70 

71 

'Report on the Implementation of the European Security Strategy – Providing Security in a Changing 
World', Council document 17104/08. 
Four  Funds  exist  under  this  programme:  three  Funds  adopted  under  co-decision  procedure  (European 
Return  Fund,  European  Refugee  Fund  and  External  Borders  Fund)  and  one  Fund  under  consultation 
procedure (Fund for the Integration of third-country nationals). 
Two  specific  programmes  exist  under  this  framework  programme:  "Prevention  of  and  fight  against 
Crime"  (third  pillar  legal  basis)  and  "Prevention,  preparedness  and  Consequence  Management  of 
Terrorism and other Security related risks" (based on Article 308 of the TEC). 
This  framework  programme  has  five  specific  programmes:  Civil  Justice,  Daphne  III  and  Drugs 
programmes (under co-decision), Fundamental Rights and Citizenship (based in Article 308 TEC) and 
Criminal Justice (third pillar legal basis). 
'Communication from the Commission to the European Parliament and the Council on Public-Private 
Dialogue in Security Research and Innovation', COM(2007) 511 final. 

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in several areas. Therefore the ambition of measures was often scaled down in certain areas 
such as legal migration.  

Several  elements  of  the  Hague  Programme  which  have  not  been  delivered  can  be  clearly 
attributed  to  the  failure  to  ratify  the  Constitutional  Treaty.  The  accession  of  the  European 
Union to the European Convention on Human Rights has not been possible without the legal 
basis  the  Constitutional  Treaty  would  have  provided,  and  which  the  Lisbon  Treaty  would 
provide should it come into force.  

Progress  was  comparatively  slow  in  mutual  recognition  in  criminal  matters  and  police 
cooperation.  The  decision  making  process  falling  under  the  so-called  'third  pillar'  method 
(Title  VI  TEU)  requires  unanimity.  This  often  leads  to  lengthy  inconclusive  discussions  or 
ambitious  proposals  being  reduced  to  agreement  around  lowest-common-denominator  texts. 
A  framework  decision  on  procedural  rights  is  one  example  of  a  proposal  envisaged  by  the 
Hague  Programme  which  was  not  adopted  despite  the  importance  attached  to  it  by 
practitioners throughout Europe.  

In  addition,  for  legislative  instruments  in  the  third  pillar  (Common  Positions,  Framework 
Decisions,  Decisions  and  Conventions),  the  lack  of  recourse  to  formal  infringement 
procedures  for  ensuring  proper  transposition,  and  at  times  significant  delays  in  the 
transposition  of  EU  instruments  at  national  level  have  resulted  to  some  degree  in  a  'virtual' 
legislative framework with little or no benefit for the EU citizen.  

V. 

LESSONS LEARNED, THEMES FOR FUTURE ACTION  

The  EU  needs  to  learn  from  past  action,  making  full  use  of  successful  strategies  and 
correcting what could have been done better. The following themes should guide our future 
work across justice, freedom and security policies. 

V.1. 

Joined-up thinking and action  

The big issues facing Europe, whether short term crises or long term trends, demand joined-
up planning and action. Justice, freedom and security are each of relevance to all individual 
aspects of the Hague Programme. Consistency across the various policy areas is essential, not 
only  within  the  traditional  sphere  of  justice  and  home  affairs  activity,  but  also  across  the 
whole range of Community policies.  

In  migration  and  asylum,  policies  aiming  to  prevent  and  tackle  irregular  immigration  and 
abuses  of  the  asylum  system  must  not  hamper  access  to  the  protection  to  which  asylum-
seekers  are  entitled.  Fundamental  rights-proofing  of  EU  policies  must  continue  and  be 
extended  to  all  stages  of  decision  making  and  implementation  by  Member  States  of  EU 
legislative  acquis.  Border  management  is  vital  for  the  security  of  the  EU,  as  is  police 
cooperation  in  relation  to  fighting  illegal  immigration.  Cross-cutting  priorities  for  the  EU 
should be identified in these areas.  

The  protection  of  personal  data  in  the  framework  of  police  and  judicial  cooperation  in 
criminal matters has been the result of a case-by-case approach. Data protection requirements 
have  been  laid  down  in  a  variety  of  legislative  texts,  across  the  pillars,  and  their  scope  and 
nature  depend  on  the  objectives  of  the  individual  legislative  texts.  The  recently  adopted 

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Framework  Decision72  does  not  completely  solve  this  lack  of  harmonisation.  Achieving 
consistency in this area therefore deserves particular attention in the years to come. 

Other  cross-cutting  approaches  could  improve  the  effectiveness  of  our  policies,  such  as  the 
rights of the child and combating xenophobia and racism, whose threat sadly often mounts in 
times of economic crisis.  

The Global Approach to Migration consists of various instruments which could be integrated 
under  a  comprehensive  and  balanced  framework  for  dialogue  and  cooperation.  New 
challenges  need  to  be  tackled  in  a  systematic  way.  Political,  economic,  environmental  and 
demographic  changes  over  the  long  term  affect  the  EU's  relationships  with  third  countries, 
with significant impact on migration and mobility. Migration policy must be further integrated 
into  the  EU's  external  relations  strategy,  assisted  potentially  by  the  establishment  of  an 
External Action Service. 

We  need  to  exploit  fully  the  opportunities  presented  by  new  technologies.  The  information 
society  has  also  created  the  need  for  a  high  level  of  network  and  information  security 
throughout Europe. The fight against cyber crime and cyber terrorism requires stakeholders to 
be closely involved in efforts to enhance the level of preparedness, security and resilience of 
ICT infrastructures and services. These long-term challenges demand careful consideration on 
a European level.73 

The  security  research  and  innovation  agenda  must  be  taken  forward  in  partnership  with  the 
private and public sectors and with the full participation of end-user organisations.  

V.2. 

Further attention to implementation and enforcement 

It  is  of  concern  that  the  success  in  adopting  measures  in  the  Hague  Programme  and  Action 
Plan contrasts with the mixed record in national implementation. Now that a substantial legal 
framework is in place, the focus of future action should be on consolidation and enforcement. 
The Commission can assist in this by consolidating existing acquis, facilitating coordination 
and  exchange  of  best  practises  between  Member  States  such  as  through  implementation 
seminars,  and  by  providing  financial  support  and  encouraging  training.  Greater  use  of 
infringement proceedings should also be envisaged. The Commission has promoted the right 
of the EU citizen to move and reside freely in the territory of the EU, but more work is needed 
to  ensure  that  EU  citizens  are  aware  of  their  rights  and  can  be  confident  that  they  will  be 
respected. Existing agencies and networks need to realise their full potential, cooperate with 
each other more and exploit potential synergies. 

V.3. 

Improving the use of evaluation 

Citizens  expect  to  see  results  from  EU  policies.  Many  instruments  have  been  adopted  and 
many agencies established under the Hague Programme. In many cases it is too soon to assess 
their effectiveness in terms of concrete results. Measures taken in the fight against organised 

72 

73 

Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data 
processed  in  the  framework  of  police  and  judicial  cooperation  in  criminal  matters,  OJ  L  350, 
30.12.2008, p. 60. 
'Protecting Europe from large scale cyber-attacks and disruptions: enhancing preparedness, security and 
resilience', COM(2009) 149 final. 

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crime, in police and customs cooperation and in criminal justice remain difficult to evaluate as 
often there is no formal duty for Member States to report on implementation. 

More robust and systematic monitoring and evaluation systems for each policy are needed to 
provide comparable evidence on the impact of what the EU does. Evaluation results will then 
inform better policy-making and help explain to EU citizens the added value of EU action.  

Better evaluation depends on the availability of up-to-date, objective, reliable and comparable 
data. For example, in migration there are now common rules for Community statistics74 and 
an established European Migration Network. Similarly, the Commission with Member States 
has  developed  parameters  for  collecting,  analysing  and  comparing  data  and  trends  in 
trafficking in human beings and money laundering. However, in  many areas such as justice 
data  has  been  unavailable.  Even  where  data  collection  systems  are  in  place  or  are  being 
created, including for crime and specifically for drugs, consideration should be given to more 
binding provisions. Funding under the Research and Technological Development Framework 
Programme and other relevant programmes should continue to help develop knowledge in this 
policy area. 

The credibility of the next multiannual programme will depend on the extent to which the EU 
can report meaningfully on its effectiveness.  

V.4. 

Complementing our internal policies though external action 

Member  States,  the  Council  and  the  Commission  need  to  work  together  to  strengthen 
partnerships  with  third  parties.  Continuity  and  consistency  between  internal  and  external 
European  justice,  freedom  and  security  policies  are  essential  to  produce  results  and  to  meet 
the challenges posed by globalisation.. The EU needs to anticipate challenges rather than wait 
for  them  to  reach  our  borders,  and  it  should  promote  standards,  such  as  those  for  data 
protection, which can be regarded internationally as examples worth following. The external 
dimension of JLS policies needs to be fully integrated and coherent with EU external action 
and policies such as development cooperation. 

Increasingly,  third  countries  approach  the  EU  for  cooperation  on  the  basis  of  specific 
agreements.  These  approaches  may  require  prioritisation.  Consideration  should  be  given  to 
identifying  criteria  for  deciding  how  to  respond  to  these  approaches  and  whether  to  include 
them  within  an  overall  framework  of  a  comprehensive  agreement.  Cooperation  initiatives 
should respond to the particular circumstances of the countries which are preparing to join the 
EU.  External  relations  priorities  of  the  Union  should  also  better  inform  and  guide  the 
prioritisation  of  the  work  of  agencies  such  as  Europol,  Eurojust  and  Frontex.  The  agencies' 
operational  knowledge,  particularly  where  they  have  concluded  agreements  or  working 
arrangements with third countries, in addition to their annual reports, could provide valuable 
input into decision-making at EU level. 

74 

Regulation  (EC)  No  862/2007  of  the  European  Parliament  and  of  the  Council  of  11  July  2007  on 
Community statistics on migration and international protection and repealing Council Regulation (EEC) 
No 311/76 on the compilation of statistics on foreign workers, OJ L 199, 31.7.2007, p. 23. 

EN 

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VI. 

LONG LASTING CHALLENGES REQUIRING LONG TERM ACTION  

In autumn 2008 the Commission carried out a public consultation on what should be Europe's 
future priorities in the area of justice, freedom and security.75 Many responses were received 
from individual citizens, civil society and Member States. This followed the valuable and in-
depth considerations of the 'Future Groups' composed of ministers from number of Member 
States.76  

The conclusions are clear.  

EU  citizens  want  to  live  in  a  place  where  their  rights  are  respected  and  their  safety  is 
protected.  They  want  to  be  able  to  travel  freely,  and  to  choose  to  stay  temporarily  or 
permanently  in  another  European  country,  whether  it  is  to  study,  work  or  start  a  family.  A 
large majority of EU citizens would like to see the EU playing an even greater role in areas 
such  as  the  fight  against  organised  crime  and  trafficking,  action  against  terrorism,  the 
exchange  of  police  and  judicial  information  between  Member  States,  the  fight  against  drug 
abuse,  the  promotion  and  protection  of  fundamental  rights,  the  control  of  external  borders, 
and asylum and migration policy.  

The working age population of the EU is projected to decline by 15%, or almost 50 million, 
by 2060 compared to 2008 figures. In 2007, 18.8 million third-country nationals were resident 
in  the  EU27,  3.8%  of  the  total  population.77  This  trend  is  set  to  continue  with  migratory 
pressures likely to increase for the foreseeable future. There can be no going back to tackling 
immigration in isolation.  

The EU can be justly proud of its achievements to date. Despite the relatively short period of 
time in which it was developed, the strength of the Hague Programme lay in its longer term 
perspective. The challenge for future years is to maintain the momentum and build on these 
successes, learning from experience. Europe must find a united response in the interests of the 
citizen to these long-lasting challenges.  

75 

76 

77 

EN 

to 

the 

and 

results 

Flash Eurobarometer 252, 'Awareness of key-policies in the area of Freedom, Security and Justice'; the 
at: 
are 
the 
contributions 
http://ec.europa.eu/justice_home/news/consulting_public/news_consulting_0001_en. 
'Freedom, Security, Privacy – European Home Affairs in an open world: Report of the Informal High 
Level Advisory Group on the Future of European Home Affairs Policy', June 2008; 'Proposed Solutions 
for the Future EU Justice Programme: High-Level Advisory Group on the Future of European Justice 
Policy', June 2008. 
Eurostat, EUROPOP 2008 Convergence Scenario; Eurostat, Migration Statistics. 

consultation 

available 

public 

of 

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