Tuesday, March 25, 2008

European Union (EU) Establishes a New Procedure in the Area of Freedom Security and Justice : The Urgent Preliminary Ruling Procedure : March 2008

The Court of Justice of the European Communities, the Curia in Luxembourg, has issued a press release in which it outlines the completely new Urgent Preliminary Ruling Procedure which started application on March 1, 2008 as a European Union procedure in the area of freedom, security and justice:

"The Treaty of Amsterdam on the European Union (EU) which came into force on 1 May 1999 states that the EU:
  • must be maintained and developed as an area of freedom, security and justice;
  • (an area) in which the free movement of persons is assured;
  • in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime."
This area now covers:
  • Free movement of persons
  • Visa policy
  • EU external borders policy
  • Schengen area
  • Immigration
  • Asylum
  • Judicial cooperation in civil and criminal matters
  • Drugs policy coordination
  • EU citizenship
  • Data protection
  • Fundamental rights
  • Racism and xenophobia
  • Police and customs cooperation
  • Crime prevention
  • Fight against organised crime
  • External relations
  • Enlargement from a justice and home affairs perspective
Since the normal preliminary ruling procedure on such cases takes on average a year and a half, the Court of Justice, at the urging of the Council, proposed the adoption of the Urgent Preliminary Ruling Procedure in order to expedite urgent cases. As the Court of Justice writes:

"This procedure is applicable as from 1 March 2008 and should enable the Court to deal far more quickly with the most sensitive issues relating to the area of freedom, security and justice, such as those which may arise, for example, in certain situations where a person is deprived of his liberty and the answer to the question raised is decisive as to the assessment of the legal situation of the person detained or deprived of his liberty, or, in proceedings concerning parental authority or custody of children, where the jurisdiction under Community law of the court hearing the case depends on the answer to the question referred for a preliminary ruling."

Hat tip to EU Law Blog, where there is more discussion of this development in detail, including a supplemental information note.

The ISandIS Network

Our Websites and Blogs: 3D Printing and More 99 is not 100 Aabecis AK Photo Blog Ancient Egypt Weblog Ancient Signs (the book) Ancient World Blog AndisKaulins.com Anthropomorphic Design Archaeology Travel Photos (blog) Archaeology Travel Photos (Flickr) Archaeo Pundit Arts Pundit Astrology and Birth Baltic Coachman Bible Pundit Biotechnology Pundit Book Pundit Chronology of the Ancient World Computer Pundit DVD Pundit Easter Island Script Echolat edu.edu Einstein’s Voice Energy Environment and Climate Blog Etruscan Bronze Liver of Piacenza EU Laws EU Legal EU Pundit FaceBook Pundit Gadget Pundit Garden Pundit Golf Pundit Google Pundit Gourmet Pundit Hand Proof HousePundit Human Migrations Idea Pundit Illyrian Language Indus Valley Script Infinity One : The Secret of the First Disk (the game) Jostandis Journal Pundit Kaulins Genealogy Blog Kaulinsium Kiel & Kieler Latvian Blog LawPundit.com Law Pundit Blog LexiLine.com LexiLine Group Lexiline Journal Library Pundit Lingwhizt LinkedIn Literary Pundit Magnifichess Make it Music Maps and Cartography Megalithic World Megaliths Blog) Megaliths.net Minoan Culture Mutatis Mutandis Nanotech Pundit Nostratic Languages Official Pundit Phaistos Disc Pharaonic Hieroglyphs Photo Blog of the World Pinterest Prehistoric Art Pundit Private Wealth Blog PunditMania Quanticalian Quick to Travel Quill Pundit Road Pundit Shelfari SlideShare (akaulins) Sport Pundit Star Pundit Stars Stones and Scholars (blog) Stars Stones and Scholars (book) Stonehenge Pundit The Enchanted Glass Twitter Pundit UbiquitousPundit Vision of Change VoicePundit WatchPundit Wine Pundit Word Pundit xistmz YahooPundit zistmz