The progress made since 1993 as a result of cooperation in the fields of justice and home affairs led to more ambitious objectives being enshrined in the Treaty of Amsterdam. It was decided to establish an area of freedom, security and justice, the aim being to ensure genuine freedom of movement for individuals on the territory of the European Union and more effective action against organised crime and fraud.
Matters relating to justice and home affairs used to be dealt with solely under the intergovernmental rules laid down in Title VI of the EU Treaty (the "third pillar"). With the entry into force of the Treaty of Amsterdam, these fields have been divided up between the first and third pillars.
Under the first pillar, which is governed by the Community method, a new Title IV has been added to the EC Treaty ("Visas, asylum, immigration and other policies related to free movement of persons"). Meanwhile the new Title VI of the EU Treaty now covers fewer fields, but its objectives are spelled out more clearly, namely to establish close cooperation between police services, customs and judicial authorities.
The third pillar provisions still include a "bridge" allowing Member States to transfer areas of competence from Title VI to Title IV. The transfer procedure is very complex and has never been applied, but its existence suggests that in time all areas concerning justice and home affairs may be brought within the Community framework.
If some Member States wish to advance more quickly in certain fields and establish closer cooperation, they may do so within the European Union as specified in the new Article 40 of Title VI, without creating a separate legal system as happened with Schengen.
See:
•
Closer cooperation•
Communitisation•
Community 'bridge' (Title VI of the EU Treaty)•
Europol (European Police Office)•
Free movement of persons•
Justice and home affairs (JHA)•
Pillars of the European Union•
Police and judicial cooperation in criminal matters•
Schengen•
Single institutional framework
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