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Co-operation regarding Justice and Home Affairs (JHA) within the European Union aims « to develop the European Union as an area for freedom, security and justice, where the free movement of persons is ensured, together with the actions that may be deemed fit to control external borders, asylum and immigration, and to prevent and fight against crime.»
In order to meet this aim, as set out under the Treaty of Amsterdam, the European Union decided to adopt plans that are to be carried out in 5 year terms, hence enabling its effectiveness.
In October 1999, the Tampere European Council adopted the Tampere Program, that should be in force until 2004. The Program established the political agenda for JHA co-operation policy and identified four basic cornerstones: define a common immigration and asylum policy; establish a true European justice area; fight organised and transnational crime; and include the JHA issues in the EU external relations.
The Hague Program was adopted in November 2004. This Program lays down the political priorities and the main co-operation lines concerning Justice and Home Affairs (JHA) from 2005 to 2010, with the purpose of establishing an area of freedom, security and justice within the EU.
The program established the following specific guidelines:
Reinforcing Freedom by:
- Effectively establishing the right of EU nationals to move and live freely within the territory of Member-States and an integrated approach of immigration and asylum issues;
- Establishing a European Common Asylum System;
- Acknowledging the importance of legal immigration;
- Integrating third country nationals residing legally in the EU;
- Establishing partnerships with third countries where immigrants originate from or use as transit countries, so as to reinforce their ability to manage migratory flows and control their borders, and to promote legal immigration channels and access to long-lasting solutions for refugees;
- Adopting a return and readmission policy;
- Managing migratory flows by: borders control, fighting illegal immigration, including biometric data in ID and visa policies.
Reinforcing Security by:
- Improving information exchanges based on the availability principle;
- Preventing and fighting terrorism effectively, obeying the principle according to which Member-States should be concerned not only with their security, but rather with the Union's security as a whole, and enabling cross-border monitoring and target persecution; - Reinforcing practical police co-operation actions and establishing a crises-management mechanism with cross-borders impact within the EU.
Reinforcing Justice by:
- Implementing actions aimed at building confidence and developing a common judiciary culture;
- The best penal judiciary co-operation by reducing legal obstacles and reinforcing investigation co-ordination;
- Maintaining the principle of mutually acknowledging decisions and rulings as co-operation foundation;
- The best use of Eurojust by Member-States and facilitating cross-borders civil suits;
In what concerns External Relations
- Defining a JHA external action strategy that should identify geographical and subject-matter priorities and principles and procedures regarding the European Union's interaction with third countries.
The Justice and Home Affairs Council (JHA) convenes the Ministers of Home Affairs and the Ministers of Justice of the 27 Member-States. During the Portuguese Presidency the JHA Council will meet on 17 and 18 September; on 1 and 2 October (Informal Council, in Lisbon); 8 and 9 November; and 6 and 7 December.
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