JUSTICE is one of the main UK organisations scrutinising the legal and human rights implications of EU justice and home affairs proposals.

The current focus of the JUSTICE EU project is the European arrest warrant and its implications for procedural safeguards and the rights of the individual. JUSTICE is particularly interested in making contact with interested practitioners and academics from other European countries to broaden the relevance of this project.

The Eurowarrant project
We participated as a leading partner in an EU-wide project on the implementation of the European Arrest Warrant in EU member states.

EU procedural safeguards
We have long argued for the adoption of EU-wide minimum standards for suspects and defendants in criminal proceedings across the EU. In this section we analyse the European Commission's latest proposals and the debate around the negotiations of these minimum standards.

EU judicial co-operation in criminal matters
We monitor and comment on the human rights implications of proposals for judicial co-operation that form part of the EU's mutual recognition programme. Includes information on JUSTICE's Eurowarrant project.

EU police co-operation and information exchange
We monitor and comment on the human rights implications of proposalsfor judicial co-operation that form part of the EU's mutual recognition programme.

EU judicial co-operation with the US
We monitor and comment on the human rights implications of extradition arrangement with the US.

EU asylum and immigration
We scrutinise EU policy and proposed legislation relating to the creation of a Common European Asylum System.

EU constitutional issues
We analyse and make recommendations on the role of the European Court of Justice and on strengthening constitutional protection for human rights in the EU, especially by means of the EU Carter of Fundamental Rights.

Conflict of Laws - Rome II
We assess the EU proposals to harmonise member states' conflict of laws rules regarding non contractual obligations.

Events
Past and forthcoming JUSTICE events relating to our EU justice and homes affairs work

Publications
JUSTICE publications relating to our EU justice & home affairs work

   
 

EU procedural safeguards

JUSTICE written evidence to the House of Commons Home Affairs Committee inquiry into current issues of EU Justice & Home Affairs Click here to read the briefing (October 2006)

JUSTICE calls for a rebalancing of EU justice and home affairs policies. Click here for the press release. Click here for the open letter to JHA ministers (September 2006)

JUSTICE and the Amnesty EU office have written a joint letter to the EU JHA on the proposal for a Council Framework Decision on certain Procedural Rights in criminal proceedings throughout the European Union
Click here to read the letter and here for the press release (April 2006)

Response to the European Commission's Green Paper on conflicts of jurisdiction and the principle of ne bis in idem in criminal proceedings Click here to read the briefing

A joint letter to EU Council experts on minimum safeguards for criminal proceedings throughout the EU Click here to read the letter (March 2006)

UK Presidency of the European Union
Click here to read the JUSTICE letter to the Prime Minister and here for a copy of the press release (July 2005)

JUSTICE response to the Home Office consultation on the European Commission proposal on certain procedural rights in criminal proceedings throughout the European Union (May 2005)

JUSTICE letter to Lord Bassam of Brighton regarding the Extradition Act 2003 (Amendment of Designations) Order 2005 (7 February 2005)

JUSTICE response to the House of Lords Select Committee on the European Union, Sub-Committee E, Inquiry into the proposed Framework Decision on certain procedural rights in criminal proceedings throughout the European Union (October 2004)

JUSTICE note on the draft framework decision on ne bis in idem (November 2003)

JUSTICE briefing to MEP's on the Greek Proposals for a Council Framework Decision on ne bis in idem. (May 2003)

JUSTICE response to the Commission Green Paper on Procedural Safeguards for Suspects and Defendants in Criminal Proceedings throughout the European Union (May 2003)

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EU judicial co-operation in criminal matters

JUSTICE written evidence to the House of Commons Home Affairs Committee inquiry into current issues of EU Justice & Home Affairs Click here to read the briefing (October 2006)

JUSTICE calls for a rebalancing of EU justice and home affairs policies. Click here for the press release. Click here for the open letter to JHA ministers (September 2006)

JUSTICE submission on the proposed use of Article 42 on the Treaty of the European Union to the House of Lords EU Select-Committee E Click here to view (June 06)

JUSTICE and the Amnesty EU office have written a joint letter to the EU JHA on the proposal for a Council Framework Decision on certain Procedural Rights in criminal proceedings throughout the European Union
Click here to read the letter and here for the press release (April 2006)

Response to the European Commission's Green Paper on conflicts of jurisdiction and the principle of ne bis in idem in criminal proceedings Click here to read the briefing

UK Presidency of the European Union
Click here to read the JUSTICE letter to the Prime Minister and here for a copy of the press release (July 2005)

Report and Annex to the Report from the European Commission on the European Arrest Warrant and the surrender procedures between Member States (February 2005)

JUSTICE response to the House of Lords Select Committee on the European Union Inquiry into the Hague Programme (Sub-Committees E and F) (January 2005)

JUSTICE response to the European Commission green paper on mutual recognition of non-custodial pre-trial supervision measures COM (2004) 562 final (December 2004)

JUSTICE response to the European Commission Consultation on the Future of Justice and Home Affairs (August 2004)

JUSTICE response to the Home Office Consultation on the European Evidence Warrant (July 2004)

JUSTICE written evidence on OLAF prepared for the House of Lords Select Committee on the European Union (Sub-Committee E) (May 2004)

JUSTICE written evidence on EUROJUST prepared for the House of Lords Select Committee on the European Union (Sub-Committee F) (April 2004)

JUSTICE briefing on the draft framework decision on the application of the principle of mutual recognition to confiscation orders (November 2003)

Introduction to the Extradition Bill: additional briefing for the House of Lords second reading (May 2003)

JUSTICE response for the Home Office to the Commission Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (April 2003)

JUSTICE briefing on the Extradition Bill 2002 for the second reading in the House of Lords (April 2003)

JUSTICE briefing on the Crime (International Co-operation) Bill to the House of Commons (March 2003)

JUSTICE briefing on the Extradition Bill 2002 for the second reading in the House of Commons (December 2002)

JUSTICE response to the Draft Extradition Bill 2002 (September 2002)

JUSTICE welcomes the introduction of simplified extradition procedures and increased judicial and police co-operation to tackle the problems of international crime on an EU level. We are, however, concerned that the implementation of these measures on a national level should be scrupulous in providing adequate procedural safeguards and human rights guanantees for the individual facing international criminal justice.

The EU, in the field of Judicial Co-operation in criminal matters, is working towards greater co-operation among member states to combat serious cross-border crime. JUSTICE monitors and comments on proposals in terms of their human rights implications.

New measures that will change the face of criminal justice in the EU have been agreed at speed in the wake of 11 September. These include:
The Framework Decision on the European Arrest Warrant and the surrender procedures between Member States; the decision for the establishment of Eurojust; the agreement for the exchange of information between Europol and the USA; and the Framework Decision on combating terrorism.

JUSTICE has responded with briefings on the Eurowarrant, proposed harmonisation of racism & xenophobia, Eurojust, and a briefing on Individual Rights and minimum standards. JUSTICE has also produced a proposal on the rights of the individual in criminal proceedings.

Related legislation:
Framework decision on the European arrest warrant and surrender procedures between Member States.
Spanish implementing legislation
UK Extradition Bill in the Lords http://www.publications.parliament.uk/pa/ld200203/ldbills/050/2003050.htm
The European Convention on Extradition
The EU 1995 (OJ C 078 30/3/1995 p2-10) Extradition Treaty
The EU 1996
(OJ C 313 23/10/1996) Extradition Treaty
1975 Protocol 1 to the ECE
1978 Protocol 2 to the ECE
1977 Council of Europe Convention on Terrorism
1990 Schengen Implementing Convention

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EU police co-operation in criminal maters and information exchange

JUSTICE submission to the House of Lords EU Sub-Committee F on the second generation Schengen Information System (SIS II) Click here to read the submission (September 2006)

JUSTICE evidence on the G6 Home Affairs Ministers meeting in Heiligendamm to the House of Lords EU Sub-Committee F Click here to view the evidence (May 06)

JUSTICE submission to the Department for Constitutional Affairs on a proposal for an EU Third Pillar Data Protection instrument. Click here to read the briefing (February 2006)

UK Presidency of the European Union
Click here to read the JUSTICE letter to the Prime Minister and here for a copy of the press release (July 2005)

JUSTICE has commented on the human rights implications of policing proposals, an area of rapid change at EU level, most recently proposed amendments to Europol and EU-US co-operation. JUSTICE is concerned by proposals to expand the remit of Europol without proper channels of accountability being in place to monitor Europol's activities. We are particularly concerned by the broad nature of proposals for exchange of data with the USA contained in the draft agreement between Europol and the US which are being considered in the absence of any information on or guarantees as to how such data will be used and monitored in the US.

We have submitted a number of responses on policing to the House of Lords European Union Committee, the Home Office, European Commission and the Convention on the Future of Europe.

Schengen Information System
Based on research in four EU countries, JUSTICE published a report, The Schengen Information System: a human rights audit, in December 2000. The report, which for the first time puts Europe's largest database under scrutiny for human rights compliance, seriously criticises the adequacy of the data protection controls and their supervision.

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The Eurowarrant Project

European Arrest Warrant to replace extradition (Florence Schmidt-Pariset, DG JHA, European Commission)

The EU's Constitutional Future and the European Arrest Warrant (Professor Elspeth Guild, University of Nijmegen, Partner, Kingsley Napley)

Overcoming constitutional barriers - The public law challenges for the EAW in national constitutional courts (Prof Dr Helmut Epp, former judge, Legal Adviser to the Austrian Parliament)

Extradition and the ECHR (Paul Garlick QC, 35 Essex Street)

Taking the politics out of extradition (Judge Baltasar Garzon, Magistrate, Spain)

Proposal for a Framework Decision on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (Caroline Morgan, Expert, DG JHA, European Commission)

European Arrest Warrant: revolution in extradition?(Prof Michael Plachta, Dean of the Faculty of Law, University of Gdansk, Poland)

Protecting individual rights in the Netherlands (Paper by Alette Smeulers, Department of criminal law and criminology, Maastricht University, the Netherlands)

Protecting Individual rights in different member states (Angelo Mambriani, Judge in the Court of Milan, Member Jura Hominis' Board)

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EU judicial co-operation with the US


JUSTICE urges reform of extradition law
JUSTICE today asked members of the House of Lords to amend the 2003 Extradition Act, so that people in the UK are better protected from wrongful extradition. Click here for the letter and here for the briefing note (July 2006)

JUSTICE Press Release 9 May 2006
On Wednesday 10 May, the House of Commons will debate amendments to the Police and Justice Bill aimed at safeguarding the rights of people sought for extradition by the United States and other nations. JUSTICE has written to all MPs to outline our concerns about UK-US extradition arrangements and urging them to support the Early Day Motion (EDM 241) and the amendment of the Extradition Act 2003 to satisfy our concerns.
Click here to see the press release, here to see the letter and here to see the briefing note.

JUSTICE calls for review of UK-US extradition arrangements
Click here for a copy of the press release (21 February 2006)

JUSTICE wrote to members of the House of Lords asking them to amend the Extradition Act 2003, so that people in the UK are better protected from wrongful extradition.
Click here for the letter and here for the briefing note (July 2006)

Press release 30 November 2004
JUSTICE calls on MPs to oppose unfair extradition arrangements with US
Click for a copy of the press release, the letter to MPs and briefing note and Early Day Motion 179

Letter
to David Blunkett, Home Secretary, regarding the Extradition Treaty with the USA (December 2004)
Reply from The Rt Hon Harriet Harman QC MP, Solicitor General
Reply from Caroline Flint, Parliamentary Under Secretary of State for the Home Office

JUSTICE Briefing on Extradition to the USA: The UK-US Treaty of March 2003 and the EU-US Agreement of June 2003 (July 2003)

Related legislation:
The UK US Extradition Treaty
The EU US Extradition Treaty

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EU Constitutional issues

JUSTICE submission on the proposed use of Article 42 on the Treaty of the European Union to the House of Lords EU Select-Committee E Click here to view (June 06)

JUSTICE launches a new website providing information about the EU Charter of Fundamental Rights and Freedoms
http://www.eucharter.org

The website will help those interested in the Charter to learn more about its content and background. The site covers the history, content, legal status and frequently asked questions - and includes links to a wealth of other material. In due course, it will include detailed commentary on all of the Charter's provisions.
Click here for a copy of the press release (16 May 2005)

JUSTICE response to the European Scrutiny Committee's Inquiry into the EU's Constitutional Treaty (August 2004)

JUSTICE Response to the Goverment's White Paper on the Draft EU Constitution (October 2003).

Joint NGO response to the draft EU Constitution 'Towards a Constitution for Europe: Justice and Home Affairs' (October 2003).

JUSTICE submission to the House of Commons European Scrutiny Committee on the European Convention on the Future of Europe - draft articles on the area of freedom, security and justice (March 2003)

JUSTICE submission to the House of Lords Inquiry on the European Border Guard (February 2003)

JUSTICE has considered the adequacy of human rights protection and standards at EU level over a number of years. We are now members of the forum of the Convention on the Future of Europe, have submitted a contribution on the EU Charter and a submission to the Working Party on Justice and Home Affairs of the Convention on the Future of Europe. JUSTICE would like to see co-operation on justice and home affairs at EU level develop in a co-ordinated way which ensures protection of the rights of the individual, transparency and judicial and political accountability.

European Court of Justice
In our 1996 IGC reports The Democratic Deficit and Judging the European Union, we recommended strengthening the European Court of Justice's supervisory role in human rights. We also recommended an enlarged locus standi for individuals and organisations to bring cases directly before the ECJ in relation to fundamental rights.

EU ratification of the ECHR
We believe that there is a clear need for a set of fundamental rights enforceable at the EU level, and that this would best be met by the EU acceding to the European Convention on Human Rights (ECHR).

EU Charter of Fundamental Rights
We recognise that, in addition to ECHR accession, the EU Charter of Fundamental Rights can be useful in ensuring a consistent and high standard of human rights protection in Europe.

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EU asylum and immigration

ASYLUM SUPPORT
A practitioners' guide to the EU Reception Directive

by Anneliese Baldaccini

"This is a very helpful and practical guide to the important and potentially difficult issues which will arise in the years to come."
Rabinder Singh QC, Matrix Chambers - from his foreword

Practitioners advising asylum seekers can no longer afford to be unaware of European Community law. The EU Reception Directive - which imposes minimum standards of support on all member states - is now part of UK law.

Asylum Support: a practitioners' guide to the EU Reception Directive is a clear and concise examination of the directive, its transposition into UK law and its implications for those advising asylum seekers. Part I gives a basic grounding in European Community law. Part II deals with the directive itself, and the steps which the UK has taken to implement its requirements.

This guide will:
· help advisers to interpret the new rules and asylum support regulations
· assist with challenges where domestic provisions appear to fall short of Community law standards

Published 3 November 2005
ISBN 0 907247 41 5
166 pages
Price: £17 (£15 to JUSTICE members)

We have provided written and oral evidence to the House of Lords European Union Committee, most recently on temporary protection and on common minimum standards for asylum procedures.

Please click here for more information.

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Conflict of Laws - Rome II

The proposal for a regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II) is an important initiative relating to the Community harmonisation of private international law in civil and commercial matters. JUSTICE nonetheless has serious concerns in relation to the effect that the proposed regulation will have upon civil actions for reparation brought by victims of violations of human rights, including torture. A joint response to the consultation on Rome II by the House of Lords European Union Sub-committee E (Law and Institutions) was submitted by JUSTICE, the AIRE Centre and REDRESS this January, outlining their concerns. Click here for a pdf version of the response.

 

 

Events

How much freedom, security and justice?
Developments in EU Asylum and Immigration Law

Conference organised by the Immigration Law Practitioners' Association, in association with JUSTICE and the British Institute for International and Comparative Law
Friday 13 and Saturday 14 May 2005
Click here for a PDF version of the programme and booking form
For further information please contact ILPA on 020 7490 1553 or info@ilpa.org.uk

Cross Border Crime: defence rights in a new era of international judicial co-operation
Conference held in London 15 April 2005

Human Rights and the European Union: using EC fundamental rights and remedies in domestic law
Conference held in London 25 June 2004

Eurowarrant: European extradition in the 21st Century
Conference held in London 5/6 July 2003
The speakers papers from this conference are available in pdf format here.

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Publications

Click here for futher information

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