A framework decision was a kind of legislative act of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
used exclusively within the EU's competences in
police and judicial co-operation in criminal justice matters. Framework decisions were similar to
directives in that they required member states to achieve particular results without dictating the means of achieving that result.
[Lebeck, Carl, ]
Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions after Pupino
', 8(5) German Law Journal 501 at 507. However unlike directives, framework decisions were not capable of
direct effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.
Direct effect is not ex ...
,
they were only subject to the optional jurisdiction of the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
and enforcement proceedings could not be taken by the
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
for any failure to
transpose
In linear algebra, the transpose of a matrix is an operator which flips a matrix over its diagonal;
that is, it switches the row and column indices of the matrix by producing another matrix, often denoted by (among other notations).
The tr ...
a framework decision into domestic law.
Framework decisions were created in the
Amsterdam Treaty
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
and replaced joint actions which were legal instruments available under the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
. The Lisbon Treaty abolished framework decisions and the EU can now enact directives and
regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...
s in the area of criminal justice by means of the
ordinary legislative procedure
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and ...
.
Legal basis
The legal basis for framework decisions was Article 34 of the Treaty on European Union. As amended by the Treaty of Nice and before being repealed by the Lisbon Treaty this Article read:
The continued basis for framework decisions is set out in transitional provisions of the Lisbon Treaty. Article 9 of the Protocol on Transitional Provisions provides that:
Jurisdiction of the European Court of Justice
The
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
only had jurisdiction to make
preliminary ruling
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (preliminary reference) from a court or a tribunal of a member state. A preliminary rulin ...
s on the interpretation of framework decisions when a member state made a declaration under the (pre-Lisbon)
Treaty on European Union
The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's pu ...
indicating the circumstances in which the Court could exercise such a jurisdiction. All
member states
A member state is a state that is a member of an international organization or of a federation or confederation.
Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
except Ireland and the United Kingdom made such a declaration.
The
European Commission
The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
could not bring enforcement proceedings against member states for failing to implement a framework decision or for implementing it incorrectly, although the Court did have jurisdiction to resolve disagreements between member states concerning the interpretation of framework decisions and to hear annulment proceedings regarding their validity.
As of the coming into force of the Lisbon Treaty the ''status quo ante'' regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force. Since the transitional period expired on 30 November 2014, preliminary rulings and enforcement proceedings have become possible.
United Kingdom opt-out
However, the United Kingdom negotiated an opt-out from the continued legal force of framework decisions which it may put into effect no later that six months before the expiry of the transitional period by so notifying the Council of the European Union. In October 2012 the UK government announced that it intended to exercise this opt-out and then selectively opt back into certain measures. Unless this decision is reversed, all framework decisions which are not amended during the transitional period but which are still in force ceased to apply to the UK from 1 December 2014.
List of framework decisions
The following is an exhaustive list the 34
[{{cite book , title=EU Justice and Home Affairs Law , first1=Steve , last1=Peers , publisher=Oxford University Press , year=2011 , edition=3rd , isbn=978-0-19-960490-6 , page=27] framework decision which were adopted between 1999 and 2009:
* Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro
OJ L 140, 14.6.2000, pp. 1–3.
**replaced by Directive 2014/62/EU of the European Parliament and of the Council
* Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings
OJ L 82, 22.3.2001, pp. 1–4.
**replaced by Directive 2012/29/EU of the European Parliament and of the Council
* Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
OJ L 149, 2.6.2001, pp. 1–4.
**replaced by Directive (EU) 2019/713 of the European Parliament and of the Council
* Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime
OJ L 182, 5.7.2001, pp. 1–2.
**certain provisions replaced by Directive 2014/42/EU of the European Parliament and of the Council and Directive (EU) 2018/1673 of the European Parliament and of the Council
* Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro
OJ L 329, 14.12.2001, pp. 3–3.
**implicitly repealed by Directive 2014/62/EU
* Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the adoption of the Framework Decision
OJ L 190, 18.7.2002, pp. 1–20.
* Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism
OJ L 164, 22.6.2002, pp. 3–7.
**replaced by Directive (EU) 2017/541 of the European Parliament and of the Council
* Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams
OJ L 162, 20.6.2002, pp. 1–3.
* Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings
OJ L 203, 1.8.2002, pp. 1–4.
**replaced by Directive 2011/36/EU of the European Parliament and of the Council
* Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence
OJ L 328, 5.12.2002, pp. 1–3.
* Council Framework Decision 2003/80/JHA of 7 January 2003 on the protection of the environment through criminal law
OJ L 29, 5.2.2003, pp. 55–58.
**invalidated by Case C-176/03, certain provisions subsequently adopted in Directive 2008/99/EC of the European Parliament and of the Council
* Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector
OJ L 192, 31.7.2003, pp. 54–56.
* Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence
OJ L 196, 2.8.2003, pp. 45–55.
**replaced by Regulation (EU) 2018/1805 of the European Parliament and of the Council
* Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography
OJ L 13, 20.1.2004, pp. 44–48.
**replaced by Directive 2011/93/EU of the European Parliament and of the Council
* Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking
OJ L 335, 11.11.2004, pp. 8–11.
* Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property
OJ L 68, 15.3.2005, pp. 49–51.
**certain provisions replaced by Directive 2014/42/EU of the European Parliament and of the Council
* Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties
OJ L 76, 22.3.2005, pp. 16–30.
* Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems
OJ L 69, 16.3.2005, pp. 67–71.
**replaced by Directive 2013/40/EU of the European Parliament and of the Council
* Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution
OJ L 255, 30.9.2005, pp. 164–167.
**invalidated by Case C-440/05, certain provisions subsequently adopted in Directive 2009/123/EC of the European Parliament and of the Council
* Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders
OJ L 328, 24.11.2006, pp. 59–78.
**replaced by Regulation (EU) 2018/1805 of the European Parliament and of the Council
* 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, pp. 89–100.
* Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings
OJ L 220, 15.8.2008, pp. 32–34.
* Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime
OJ L 300, 11.11.2008, pp. 42–45.
* Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
OJ L 327, 5.12.2008, pp. 27–46.
* Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions
OJ L 337, 16.12.2008, pp. 102–122.
* Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters
OJ L 350, 30.12.2008, pp. 60–71.
**repealed by Directive (EU) 2016/680 of the European Parliament and of the Council
* 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, pp. 55–58.
* 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, pp. 21–23.
**implicitly repealed by Directive (EU) 2017/541 of the European Parliament and of the Council
* Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters
OJ L 350, 30.12.2008, pp. 72–92.
** repealed by Regulation (EU) 2016/95 of the European Parliament and of the Council
* Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial
OJ L 81, 27.3.2009, pp. 24–36.
* Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States
OJ L 93, 7.4.2009, pp. 23–32.
* Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention
OJ L 294, 11.11.2009, pp. 20–40.
* Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities
OJ L 322, 9.12.2009, pp. 14–16.
* Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings
OJ L 328, 15.12.2009, pp. 42–47.
See also
*
Directive
*
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...
Footnotes
European Union law