Justice and Home Affairs: Free Movement and Internal Security

The Justice and Home Affairs policy (JHA) was established by the Maastricht Treaty and strengthened by the Amsterdam Treaty. The objective is to establish by May 1, 2004, (five years after the Amsterdam Treaty went into effect) the free movement of European citizens and non-EU nationals throughout the EU, while guaranteeing public security by combating all forms of organized crime and terrorism. Home Affairs cooperation focuses mainly on policy toward non-EU countries in matters of asylum and immigration. Justice involves coordinated measures to combat the trafficking of drugs, arms, and human beings; large-scale international fraud; and other international crime.

The European Police Office (EUROPOL) is a notable achievement of the Justice and Home Affairs policy. It was established as the EU law enforcement organization to handle criminal intelligence. Once the EUROPOL Convention was ratified by all member states, EUROPOL became fully operational in July 1999 and serves essentially as a police coordination center

for the collection, analysis, and dissemination of information. EUROPOL deals with an expanding range of criminal issues when two or more member states are affected.

The Amsterdam Treaty helped make the JHA policy more effective by incorporating the Schengen Agreement into the ED framework. Schengen was concluded in 1990 by Belgium, France, Germany, Luxembourg, and the Netherlands to enable them to remove internal border controls on people without compromising public security. All ED member states except the United Kingdom and Ireland have since joined the Schengen area.

In the wake of the September 11, 2001, terrorist attacks, the ED has made the concerted fight against terrorism a top priority. Within ten days of the attack, the EU acted to establish an EU-wide list defining acts of terrorism and their commensurate penalties. Additionally, the EU agreed to introduce a European arrest warrant to replace the traditional extradition procedures among member states. The underlying idea is that the European arrest warrant will allow wanted persons to be handed over directly from one judicial authority to another. Yet another measure will improve EUROPOL's operation and create a special temporary unit dedicated to counterterrorism.

The US and the EU have resolved to work together to combat the evil of terrorism. The September 20, 2001, EU-US Ministerial statement declares, "The nature of our democratic societies makes it imperative to protect our citizens from terrorist acts, while at the same time protecting their individual liberties, due process, and the rule of law. The US and the EU are committed to enhancing security measures, legislation, and enforcement."

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