Community Research and Development Information Service - CORDIS

  • European Commission
  • CORDIS
  • Programmes
  • Establishing a framework programme on the basis of Title VI of the Treaty on European Union - Police and judicial cooperation in criminal matters
To provide European Union citizens with a high level of protection in an area of freedom, security and justice.

Abstract

Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the fields of police and judicial cooperation in criminal matters, and by preventing and combating racism and xenophobia. The Charter of Fundamental Rights of the European Union affirms the protection of the civic, political, economic and social rights of European citizens and of any persons residing on the territory of the European Union. It is appropriate to widen the European dimension of projects to three Member States or to two Member States and an applicant country in order to promote the formation of partnerships and the exchange of information and good national practice.

The programme aims, in particular, to:
_ Develop, implement and evaluate European policies in the area of police and judiciary cooperation in criminal matters;
_ Promote and strengthen networking, mutual cooperation on general subjects of common interest to the Member States, the exchange and dissemination of information, experience and best practice, local and regional cooperation, and the improvement and adaptation of training and technical and scientific research;
_ Encourage Member States to step up cooperation with the applicant countries, other non-Union countries and appropriate regional and international organisations.

The programme shall co-finance projects of a maximum duration of two years presented by public or private institutions and bodies, including professional organisations, non-governmental organisations, associations, organisations representing business, research and basic and further training institutes, and law enforcement services in the Member States and the applicant countries.

The programme shall be directed at the following target groups:

_ Legal practitioners: judges, public prosecutors, lawyers, law officials, criminal investigation officers, bailiffs, experts, court interpreters, and other professionals associated with the judiciary;
_ Law-enforcement officials and officers: public bodies in Member States which are responsible under national law for preventing, detecting and combating criminal offences;
_ Officials in other government departments and representatives of associations, professional organisations, research and business involved in fighting and preventing crime, organised or otherwise;
_ Representatives of victim assistance services, including public departments responsible for immigration and social services.

To be eligible for co-financing, the projects must involve at least three Member States, or two Member States and one applicant country. It is appropriate to widen the European dimension of projects to three Member States or to two Member States and an applicant country in order to promote the formation of partnerships and the exchange of information and good national practice.

The programme may also finance:
_ Specific projects that are of particular interest in terms of the programme's priorities or cooperation with the applicant countries;
_ Complementary measures such as seminars, meetings of experts or other activities to disseminate the results obtained under the programme.

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The co-financing of a project by the programme shall be exclusive of any other financing by another programme financed by the general budget of the European Communities. Financing decisions shall be followed by grant contracts between the Commission and the organisers. The financing decisions and contracts arising there from shall be subject to financial control by the Commission and to audits by the Court of Auditors. The proportion of financial support from the general budget of the European Communities shall not exceed 70 % of the total cost of the project. However, the specific projects and complementary measures can be financed to 100 %, up to a ceiling of 10 % of the total financial package allocated annually to the programme for each of the two categories.

Subdivision

The programme shall comprise the following types of projects:
_ Training;
_ Setting up and launching exchange and placement schemes;
_ Studies and research;
_ Dissemination of the results obtained under the programme;
_ Assistance for the establishment of networks;
_ Conferences and seminars.

Implementation

The Commission shall be responsible for the management and implementation of the programme, in cooperation with the Member States. The programme shall be managed by the Commission in accordance with the Financial Regulation applicable to the general budget of the European Communities.

To implement the programme, the Commission shall:
_ Prepare an annual work programme comprising specific objectives, thematic priorities and, if necessary, a list of specific projects and complementary measures;
_ Evaluate and select the projects submitted and ensure management of them.

The Commission shall, on condition that they are compatible with the relevant policies, evaluate and select projects submitted by the organisers on the basis of the following criteria:
_ Conformity with the programme's objectives;
_ European dimension of the project and scope for participation by the applicant countries;
_ Compatibility with the work undertaken or planned within the framework of the European Union's policy priorities on judicial cooperation in general and criminal matters;
_ Extent to which the project complements other past, present or future cooperation projects;

_ ability of the organiser to implement the project;
_ Inherent quality of the project in terms of its conception, organisation, presentation and expected results;
_ Amount of the grant requested under the programme and proportionality with the expected results;
_ The impact of the expected results on the programme's objectives.

The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission. The Committee shall adopt its rules of procedure on a proposal by the chair, on the basis of standard rules of procedure whichprocedure that have been published in the Official Journal of the European Communities. The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.

Examination of the projects presented shall be carried out in accordance with the advisory procedure whereby:
_ The representative of the Commission will submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit whichlimit that the chair may lay down according to the urgency of the matter, if necessary by taking a vote.
_ The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.
_ The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.

Examination of the annual work programme, the specific projects and the complementary measures shall be carried out in accordance with the management procedure whereby:
_ The representative of the Commission will submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chair may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chair shall not vote.
_ The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.
_ The Council, acting by qualified majority, may take a different decision within the period provided for.

The Commission shall regularly monitor the programme and shall present to Parliament and the Council:
_ An interim evaluation of the implementation of this programme by 30 June 2005;
_ A communication on the continuation of the programme, if necessary accompanied by an appropriate proposal, by 30 September 2006;
_ A final evaluation of the entire programme by 30 June 2008.

The Commission, in cooperation with the Member States, shall ensure that projects complement and are consistent with other Community policies. The Commission shall report each year to the European Parliament and the Council on the implementation of the programme. The first report shall be submitted by 30 June 2005.
Record Number: 710 / Last updated on: 2014-03-05