Timothy Kirkhope MEP - Leader of the Conservatives in the European Parliament

Praesidium

1. The Union shall ensure an area of freedom, security and justice:

- by adopting laws and framework laws intended in particular to approximate national laws in the areas listed in Part Two of the Constitution;

- by promoting mutual confidence between the competent authorities of the Member States, in particular on the basis of mutual recognition of judicial and extrajudicial decisions.

- by operational cooperation between all competent authorities of the Member States for internal security.

2. Within the area of freedom, security and justice, national parliaments may participate in the evaluation mechanisms foreseen in Article (4, Part Two) of the Constitution, and shall be involved in the political monitoring of Europol's activities in accordance with Article (Article 22, Part Two) of the Constitution.

3. In the field of police and judicial cooperation in criminal matters, Member States shall have a right of initiative under the arrangements set out in Article (8, Part Two) of the Constitution.

1. The Community shall retain a pillar covering cooperation in home affairs within the Community.

- through European Community laws and opinions where absolutely necessary but through bilateral and multilateral agreements when possible;

- by promoting mutual confidence between the competent authorities of the Member States and other relevant international organisations;

- by operational cooperation between national authorities for internal security when required.

2. In this field, national parliaments may participate in the evaluation mechanisms foreseen in Article (4, Part Two) of the Constitution.

DELETE

Title ...: Area of freedom, security and justice

Title ...: Cooperation in home affairs at a Community level

The Union shall constitute an area of freedom, security and justice with respect for fundamental rights and taking into account the different European legal traditions and systems.

It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control based on solidarity between Member States and fairness towards third-country nationals.

The Union shall ensure a high level of safety by measures to prevent and combat crime and promote coordination and cooperation between criminal police and judicial authorities and other competent authorities, as well as by the mutual recognition of judgments in criminal matters and the approximation of criminal laws.

The Union shall facilitate access to justice, in particular by the free movement of documents and judgments in civil matters based on the principle of mutual recognition.

The Community shall retain a pillar covering cooperation in home affairs at a Community level, taking into account the different European legal traditions and systems.

DELETE

The Community shall encourage cooperation between criminal police and judicial authorities and other competent authorities.

DELETE

The European Council shall define the guidelines for legislative and operational action within the area of freedom, security and justice.

The European Council shall define the guidelines for Community actionin this field.

1. National parliaments may participate in the evaluation mechanisms contained in Article 4 of the Constitution and shall be involved in the political monitoring of Europol's activities in accordance with Article 22 of the Constitution.

2. (Notwithstanding the provisions foreseen in the Protocol on the application of the principles of subsidiarity and proportionality, where at least one quarter of national parliaments issue reasoned opinions on non-compliance with the subsidiarity principle of a Commission proposal submitted in the context of Chapters 3 and 4 of this Title, the Commission shall review its proposal. After such review, the Commission may decide to maintain, amend or withdraw its proposal. The Commission shall give reasons for its decision. This provision shall also apply to initiatives emanating from a group of Member States in accordance with the provisions of Article 8 of this Title.)

1. National parliaments may participate in the evaluation mechanisms contained in Article 4 of the simplifying Treaty.

2. (Notwithstanding the provisions foreseen in the Protocol on the application of the principles of subsidiarity and proportionality, where at least one national parliament has issued a reasoned opinion on non-compliance with the subsidiarity principle of a European Parliament proposal submitted in the context of Chapters 3 and 4 of this Title, the Mediating Committee shall review the proposal. After such review, thenational parliament shall hold another vote on the proposal. If they vote against the proposal once again, the proposal will be withdrawn and consenting Member States may proceed on a bilateral or multilateral basis.)

Without prejudice to Articles (226 to 228) of this Treaty, the Council may adopt arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Union policies referred to in this Title by Member States' authorities. The European Parliament, as well as national parliaments, shall be informed of the content and results of the evaluation.

Without prejudice to Articles (226 to 228) of this simplifying Treaty, the Council may adopt arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Community action referred to in this Title by Member States' authorities. The European Parliament, as well as national parliaments, shall be informed of the content and results of the evaluation.

In order to ensure that operational cooperation on internal security is promoted and strengthened within the Union, a standing committee may be set up within the Council. Without prejudice to Article (207 TEC), it shall be responsible for coordinating the action of Member States' competent authorities, including police, customs and civil protection authorities. The representatives of Europol, Eurojust and, where appropriate the European Public Prosecutor's Office, may be involved in the proceedings of this Committee. The European Parliament shall be kept informed of the work of the committee.

This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of their internal security.

The Council shall adopt by a qualified majority regulations to ensure cooperation between the relevant departments of the administrations of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, or, in the areas covered by Chapters 3 and 4 of this Title, either on a Commission proposal or on the initiative of a quarter of the Member States and after consulting the European Parliament.

The acts referred to in Chapters 3 and 4 of this Title shall be adopted:

- on a proposal from the Commission, or

- on the initiative of a quarter of the Member States.

In exercising its competences regarding the provisions of Chapters 3 and 4 of this Title, the Court of Justice shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security, where such action is a matter if national law.

1. The Union shall develop a policy with a view to:

- ensuring the absence of any controls on persons, whatever their nationality, when crossing internal borders;

- carrying out checks on persons and efficient monitoring of the crossing of external borders;

- the gradual introduction of a common integrated management system for external borders.

2. For this purpose, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws or framework laws concerning:

- conditions of entry for a short stay for nationals of third States, including the visa requirement and exemption from this requirement, the rules, procedures and conditions

- of issue of permits for crossing external borders, and the uniform format for such permits;

- the controls to which persons crossing external borders may be subject;

- the conditions under which nationals of third countries shall have the freedom to travel within the Union for a short period;

- any measure necessary for the gradual establishment of a common integrated management system for external borders;

- the absence of any controls on persons, whatever their nationality, when crossing internal borders.

Explanation: The Community should not have competence in this field but Member States, in particular signatories to the Schengen Agreement, should not be prevented from acting together on a bilateral or multilateral basis for their mutual benefit.

1. The Union shall develop a common policy on asylum and temporary protection with a view to offering appropriate status to any third-country national requiring international protection and ensuring compliance with the principle of non-refoulement. This policy shall be in accordance with the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and other relevant treaties.

2. For this purpose, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws or framework laws to establish a common European asylum system comprising:

- a uniform status of asylum for nationals of third countries, valid throughout the Union;

- a uniform status of subsidiary protection for nationals of third countries who, without obtaining European asylum, are in need of international protection;

- a uniform status of temporary protection for displaced persons in the event of a massive inflow;

- a common procedure for granting and withdrawing asylum status or subsidiary or temporary protection status;

- criteria and mechanisms for determining which Member State is responsible for considering an application for asylum or subsidiary protection;

- standards concerning the reception of applicants for asylum or subsidiary or temporary protection.

3. In the event of one or more Member States being confronted by an emergency situation characterised by a sudden inflow of nationals of third countries, the Council, by a qualified majority, may adopt regulations or decisions comprising provisional measures for the benefit of the Member State(s) concerned. It shall act on a proposal from the Commission after consulting the European Parliament.

Explanation: The Community should not have competence in this field but Member States who wish to work together on a bilateral or multilateral basis should not be prevented from doing so.

1. The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings.

2. To this end, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws and framework laws in the following areas:

- conditions of entry and residence, and standards on the issue by Member States of long-term visas and residence permits, including those for the purpose of family reunion;

- definition of the rights of third-country nationals residing legally in a Member State, including the conditions governing the freedom of movement and of residence in other Member States;

- illegal immigration and unauthorised residence, including removal and repatriation of persons residing without authorisation;

- combating trafficking in persons, in particular women and children.

3. The Union may conclude readmission agreements with third countries for the readmission of third-country nationals residing without authorisation to their countries of origin or provenance.

4. The European Parliament and the Council, in accordance with the legislative procedure, may adopt laws and framework laws providing incentive and support for the action of Member States with a view to promoting the integration of third-country nationals residing legally in their territories.

Explanation: The Community should not have competence in this field but Member States could consider acting together on a bilateral or multilateral basis for their mutual benefit.

The policies of the Union set out in this Chapter and their implementation shall be governed by the principle of solidarity and fair sharing of responsibility (including its financial implications) between the Member States. Whenever necessary, the acts of the Union adopted pursuant to the provisions of this Chapter shall contain appropriate measures to give effect to this principle.

1. The Union shall develop judicial cooperation in civil matters based on the principle of mutual recognition of judgments and decisions in extrajudicial cases. Such cooperation shall include the adoption of measures for the approximation of national laws having cross-border implications.

2. To this end, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws and framework laws aiming inter alia to ensure:

- the mutual recognition and enforcement between Member States of judgments and decisions in extrajudicial cases;

- the cross-border service of judicial and extrajudicial documents;

- the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction;

- cooperation in the taking of evidence;

- a high level of access to justice;

- the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States;

- the development of measures of preventive justice and alternative methods of dispute settlement;

- support for the training of the judiciary and judicial staff.

3. The Council, on a proposal from the Commission, shall unanimously adopt laws and framework laws concerning family law; it shall act after consulting the European Parliament. The European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws and framework laws concerning parental responsibility.

1. The Community shall develop judicial cooperation in civil matters based on the principle of mutual recognition of judgments and decisions in extrajudicial cases.

2. To this end, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt European Community laws aiming inter alia to ensure:

- the mutual recognition between Member States of judgments and decisions in extrajudicial cases;

- the cross-border service of judicial and extrajudicial documents;

- the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction;

- cooperation in the taking of evidence;

- DELETE

- DELETE

- DELETE

- DELETE.

DELETE

1. Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judicial decisions and shall include the approximation of legislation in the areas referred to in Articles (16) and (17).

2. The European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws and framework laws to:

- establish rules and procedures for ensuring the recognition throughout the Union of all forms of judgments and judicial decisions;

- prevent and settle conflicts of jurisdiction between Member States;

- encourage the training of the judiciary and judicial staff;

- facilitate all other forms of cooperation between ministries and judicial or equivalent authorities of the Member States in relation to proceedings in criminal matters and the enforcement of decisions.

In order to strengthen mutual trust between the competent authorities of Member States and to guarantee the effectiveness of common tools for police and judicial cooperation, the European Parliament and the Council, in accordance with the legislative procedure, may adopt laws and framework laws containing minimum rules concerning:

- the admissibility of evidence throughout the Union;

- the definition of the rights of individuals in criminal procedure in compliance with fundamental rights;

- the rights of victims of crime;

- other specific aspects of criminal procedure, which shall be identified in advance by the Council, acting unanimously after receiving the assent of the European Parliament.

The European Parliament and the Council, in accordance with the legislative procedure, may adopt framework laws containing minimum rules concerning the definition of incriminations and sanctions:

- in the areas of particularly serious crime with cross-border dimensions resulting from the nature or impact of the offences or of a special need to prosecute them jointly. These areas of crime are the following: terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime. The Council, on the basis of developments in crime and acting unanimously after obtaining the
assent of the European Parliament, may identify other areas of crime that meet the criteria specified in this indent;

- in areas of crime affecting a common interest which is the subject of a Union policy, if criminal sanctions prove essential to ensure the effective implementation of that policy.

The European Parliament and the Council, in accordance with the legislative procedure, may adopt laws and framework laws to promote and support the action of Member States in the field of crime prevention, excluding any approximation of Member States' legislative and regulatory provisions not permitted by other provisions in the Constitution.

The European Parliament and the Council, in accordance with the legislative procedure, may adopt European Community laws and opinions to promote and support the action of Member States in the field of crime prevention

1. Eurojust's mission shall be to ensure coordination and cooperation between national
prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a joint prosecution, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol.

2. The European Parliament and the Council, in accordance with the legislative procedure, shall determine Eurojust's structure, workings, scope of action and tasks. Those tasks may include:

- the initiation and coordination of criminal prosecutions conducted by competent national authorities;

- the strengthening of judicial cooperation, including by resolution of conflicts of jurisdiction and by close cooperation with the European Judicial Network;

- appropriate supervision of Europol's operational activities.

The law referred to in the preceding subparagraph shall also determine arrangements for involving the European Parliament and national parliaments in the development of Eurojust's activities.

3. In the prosecutions referred to in this Article, and without prejudice to the following Article, formal acts of judicial procedure shall be adopted by the competent national officials.

1. With a view to combating serious crimes having a cross-border dimension, as well as illegal activities affecting the interests of the Union, the Council, acting unanimously after obtaining the assent of the European Parliament, may adopt a European law creating a European Public Prosecutor's Office within Eurojust. The European Public Prosecutor's Office shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators, and their accomplices, of serious crimes affecting several Member States and of offences against the Union's financial interests, as determined by the law provided for in the following paragraph. It shall exercise the functions of prosecutor in the competent courts of the Member States in relation to such offences.

2. The law referred to in the preceding paragraph shall determine the general rules applicable to the European Public Prosecutor's Office, the conditions governing the performance of its functions, the rules of procedure applicable to its activities as well as those governing the admissibility of evidence, and the rules applicable to the judicial review of procedural measures taken by the European Public Prosecutor's Office in the exercise of its functions.

1. The Union shall establish cooperation involving all the Member States' authorities with responsibility for internal security, including police, customs and other specialised services in relation to the prevention, detection and investigation of criminal offences.

2. To this end, the European Parliament and the Council, in accordance with the legislative procedure, shall adopt laws and framework laws concerning:

- the collection, storage, processing, analysis and exchange of relevant information;

- the training and exchange of staff, equipment and research;

- any other measure not referred to in the following paragraph, that encourages cooperation between the authorities referred to in this Article.

3. The Council may unanimously adopt laws and framework laws concerning operational cooperation between the authorities referred to in this Article. It shall act after consulting the European Parliament.

1. The Community shall encourage cooperation involving all the Member States' authorities with responsibility for internal security, including police, customs and other specialised services in relation to the prevention, detection and investigation of criminal offences.

DELETE

DELETE

1. Europol's mission is to support and strengthen action by the Member States' police authorities and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.

2. The European Parliament and the Council, in accordance with the legislative procedure, shall determine Europol's structure, operation, field of action and tasks. These tasks may include:

- the collection, storage, processing, analysis and exchange of information forwarded by the authorities of the Member States or third countries or bodies;

- the coordination, organisation and implementation of investigative and operational actions carried out jointly with the Member States' services or in the context of joint investigative teams.

The law referred to in the previous paragraph also lays down the procedures for scrutiny of Europol's activities by the European Parliament, together with the national parliaments.

3. Any operational action by Europol must be carried out in liaison with and in agreement with the services of the Member State(s) whose territory is concerned. The application of coercive measures is the exclusive responsibility of the competent national authorities.

The European Community shall encourage the creation of ad hoc Joint Investigation Teams consisting of police officers from two or more Member States working on a bilateral or multilateral basis to investigate cross-border crimes.

Explanation: Police cooperation should be encourage but this should not be a Community competence. Cross-border crime increasingly involves criminals from across the world, therefore Interpol is the best mechanism for cooperation.

The Council, acting unanimously, shall adopt laws and framework laws laying down the conditions and limitations under which the competent authorities of the Member States referred to in Articles 13 and 15 may operate in the territory of another Member State in liaison and in agreement with the authorities of that State. It shall take its decision following consultation of the European Parliament.

Explanation: The extent to which police officers from one Member State should be allowed to operate in another Member State should continue to be a national competence. Cross-border crime increasingly involves criminals from across the world, therefore specific European provisions would be inappropriate.

Title VII: Union finances

Without prejudice to other revenue, the Union's budget shall be financed wholly from own resources.

The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, shall lay down provisions relating to the system of own resources of the Union, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.

Without prejudice to other revenue, the Community's budget shall be financed wholly from own resources.

The Council, acting unanimously on a proposal from the European Parliament, shall lay down provisions relating to the system of own resources of the Community, which it shall recommend to the Member States for adoption in accordance with their respective constitutional requirements.

1. All items of revenue and expenditure of the Union shall be included in estimates to be drawn up for each financial year and shall be shown in the budget, in accordance with the provisions of Part II of the Constitution.

2. The revenue and expenditure shown in the budget shall be in balance.

3. The expenditure shown in the budget shall be authorised for the annual budgetary period in accordance with the law referred to in Article B (Part II, ex-279: Financial Regulation).

4. The implementation of expenditure shown in the budget shall require the prior adoption of a binding legal act which provides a legal basis for Union action and for the implementation of the expenditure in accordance with the law referred to in Article B (Part II, ex-279: Financial Regulation). This act must take the form of a European law, a European framework law, a European regulation or a European decision.

5. With a view to maintaining budgetary discipline, the Commission shall not make any proposal for a Union act, or alter its proposals, or adopt any implementing measure which is likely to have appreciable implications for the budget without providing the assurance that that proposal or that measure is capable of being financed within the limit of the Union's own resources.

6. The Union's budget shall be implemented in accordance with the principle of sound financial management. Member States shall cooperate with the Union to ensure that the appropriations entered in the budget are used in accordance with the principles of sound financial management.

7. The Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union in accordance with the provisions of Article Z (Part II, ex-280 TEC).

1. All items of revenue and expenditure of the Community shall be included in estimates to be drawn up for each financial year and shall be shown in the budget, in accordance with the provisions of Part II of the simplifying Treaty.

2. The revenue and expenditure shown in the budget shall be in balance.

3. The expenditure shown in the budget shall be authorised for the annual budgetary period in accordance with the law referred to in Article B (Part II, ex-279: Financial Regulation).

4. The implementation of expenditure shown in the budget shall require the prior adoption of a binding legal act which provides a legal basis for Community action and for the implementation of the expenditure in accordance with the law referred to in Article B (Part II, ex-279: Financial Regulation). This act must take the form of a European Community law.

5. With a view to maintaining budgetary discipline, the European Parliament shall not make any proposal for a Community act, or alter its proposals, or adopt any implementing measure which is likely to have appreciable implications for the budget without providing the assurance that that proposal or that measure is capable of being financed within the limit of the Community's own resources.

6. The Community's budget shall be implemented in accordance with the principle of sound financial management. Member States shall cooperate with the Community to ensure that the appropriations entered in the budget are used in accordance with the principles of sound financial management.

7. The Community and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Community in accordance with the provisions of Article Z (Part II, ex-280 TEC).

The European Parliament and the Council shall, on a proposal from the Commission and in accordance with the arrangements laid down in Article W (ex-272 TEC, Part II of the Constitution), jointly adopt the Union's annual budget.

The Union's budget shall be established in compliance with the multiannual financial perspective referred to in Article Y (Part II of the Constitution).

The European Parliament and the Council shall, on a proposal from the European Parliament and in accordance with the arrangements laid down in Article W (ex-272 TEC, Part II of the simplifying Treaty), jointly adopt the Community's annual budget.

The Community's budget shall be established in compliance with the multiannual financial perspective referred to in Article Y (Part II of the simplifying Treaty).