Justice and Home Affairs (JHA)

The creation of a common area of freedom, security and justice in which individuals' fundamental rights and civil liberties are respected is a key objective of the Treaty of the European Union (EU). This is an important facet of the European construction, delivering added value that is felt directly and on a daily basis by citizens in their freedom of movement, their private relations, their business dealings and their safety and security. In order to counter the disadvantages arising from free movement within the EU, Member States take common measures relating to the protection of external borders, asylum and immigration, and combating organised crime.

The Justice and Home Affairs Council, made up by the relevant ministers of the EU Member States, meets roughly every two months. Its areas of competence include cooperation in the following areas: fundamental rights and EU citizenship, data protection, the guarantee of civil rights during criminal proceedings, the free movement of persons, the content and security features of travel documents (issuing the documents is a Member State competence), cooperation among justice authorities, law enforcement agencies, border police and customs authorities, cooperation in criminal justice matters, coordination of drug policies, the fight against racism and xenophobia, combating organised crime, corruption, terrorism, trafficking in humans and illegal migration, policies relating to migration, visas, asylum and refugees, cooperation in civil and commercial law and justice, including family law, and protection of the external borders of the European Union. Cooperation in the field of justice and home affairs is the most dynamically developing policy of EU integration.

Police and  criminal justice cooperation had been strictly inter-governmental for a long time before they were incorporated into the EU decision-making framework by the Treaty of Lisbon, which did away with the third pillar of the Union. Thus, the set of legislative acts (common positions, framework decisions, decisions and conventions) used before was replaced by traditional regulations and directives.  Regular legislative procedures based on co-decision with the European Parliament and on the qualified majority voting in the Council became the main rule, with only a few exceptions. The partial elimination of the consensus pressure opened the way towards more efficient policies.

The regular legislative procedure applies to the common immigration and asylum policy as a whole, but due to the political sensitivity of the matter, the European Council plays a more important role here than in other policy areas.

From the Schengen Agreement to the Stockholm Programme

Member States began to cooperate on an informal basis in the area of Justice and Home Affairs (JHA) in the mid 1970s. Later Belgium, France, the Netherlands, Luxembourg and Germany signed the Schengen Agreement in 1985 to create genuine freedom of movement of persons by abolishing internal border controls. Since then, other countries have joined the Schengen Area, which now has twenty-two EU Member States and three associated States (Iceland, Norway and Switzerland) and allows  free movement for 400 million European citizens.

Denmark, the United Kingdom and Ireland are not fully signed up to certain parts of JHA policy. For example the United Kingdom and Ireland have opted out of the Schengen rules on free movement of persons, border controls and visa policy. Their ministers are therefore not entitled to vote on these matters in the JHA Council.

On the basis of the success of the Schengen cooperation, seven Member States signed the Prüm Convention in 2005 outside the framework of the EU in order to promote cross-border cooperation, especially in combating terrorism, trans-border crime and illegal migration. The Convention provided for the exchange of information on DNA data, fingerprints, vehicle registration, and personal and non-personal data related to cross-border police cooperation, and included a mutual assistance clause. In June 2008, the JHA Council Decision made the "essential parts" of the Prüm Convention applicable in practically all Member States.

The justice and home affairs policy is based on multi-annual plans. The Stockholm Programme for 2011–2015 was adopted in December 2009. The Stockholm Programme provides for, among others, setting up a European system for obtaining evidence, and also enhancing Frontex, the agency responsible for the control of the external borders of the EU. The Stockholm Programme stipulates the elaboration of a common asylum system by 2012. Proposals for regulations and directives in this domain are already being discussed. The Committee on Operational Cooperation on Internal Security (COSI) established by the Treaty of Lisbon will be in charge of the implementation and operational monitoring of the internal security strategy for the EU.

PRIORITIES OF THE HUNGARIAN PRESIDENCY

The entire programme of the Hungarian Presidency is characterised by the effort to bring the EU closer to its citizens. Hungary’s intention is to provide, in line with the Stockholm Programme, tangible, measurable and tangible advantages to the citizens in the area of justice and home affairs that determine their everyday lives (such as public security, enforcement of rights and security in law).

Action against organised crime

The objective of the Hungarian Presidency is to enforce EU citizens’ right to security within the territory of the EU with no internal borders; special attention will therefore be given to enhancing the efficiency of action against organised crime. To this end, carrying on the operational cooperation (Harmony) recently started alongside the Internal Security Strategy will be an important task. Hungary will endeavour to involve EU agencies (Europol, Eurojust, CEPOL) and enhance their role in sharing experience and in training. The monitoring of the practical implementation of the Prüm Decision adopted by the Council is a priority task in the area of law enforcement related trans-border information exchange.

Common European Asylum System

The better handling of migration trends and their better exploitation, as well as the integration of migrants remain a current task. The Hungarian Presidency wishes to call attention to the importance of a migration policy that is also geographically balanced. It is in the interest of all of us to create a European asylum system that provides predictable and uniform protection to people seeking asylum in the territory of the European Union, that regulates liabilities clearly and that is economical. Hungary will therefore work towards the adoption of proposals that aim to implement a Common European Asylum System by 2012.

Schengen Area

The development of the second generation Schengen Information System (SIS II) supporting European warrants continues. The single central visa information system (VIS), long planned in issuing visas, will start functioning. Enhancement of the Frontex Agency will also continue in order to provide modern and efficient protection to the external borders of the EU, and the Border Control Code will also be amended. As the President of the Council, Hungary will promote the enlargement of the Schengen Area: the accession of Romania and Bulgaria. EU citizens are sensible of the fact that Member States are unable to take trans-border action in traffic violations and cannot collect fines. It is the objective of the Hungarian Presidency to find a European level solution to this problem.

Passenger Name Record Data

Serious work will be started under the Hungarian Presidency in connection with preparations for the Passenger Name Record (PNR) Agreements on the transfer of Passenger Name Record Data, and the EU will take steps towards creating a European PNR system. In the course of preparing for the talks, attention is to be given to the fact that regarding data protection, the EU-USA PNR Agreement is tightly linked to the agreement to be concluded between the US and the EU on the protection of personal data transferred and processed for purposes of prevention, investigation, detection and prosecution of terrorist acts. Discussion of this issue between the US and the EU will be one of the major tasks in the coming period. The Hungarian Presidency’s starting point is that the protection of personal data is a fundamental principle of the EU that must be enforced even in course of cooperation with EU partners.

Enforcing fundamental rights

The Treaty of Lisbon broadened the rights of EU citizens. It is the role of the Member States and of the institutions to guarantee that all citizens can exercise such rights. The Hungarian Presidency tackles the issue of enforcing fundamental rights in several ways. When the EU is a signatory to the European Human Rights Convention, EU citizens will have the opportunity to file for legal procedures in the European Court of Justice if EU institutions infringe their rights, and the European Court of Justice will condemn the European Union for the infringement of rights. Hungary also recommends that Member States start a debate on the EU’s own fundamental rights policy;there will be a special opportunity to review the practice of Member States when the JHA Council and the General Affairs Council discuss the first annual report on the implementation of the Charter of Fundamental Rights. In order to simplify administrative barriers that make everyday life difficult, the Hungarian Presidency will start a debate on the enforcement of EU citizens’ civil rights as well.

Protection of personal data and free exercise of rights

Hungary considers the protection of personal data to be a significant fundamental right, especially important among the provisions of the Charter of Fundamental Rights. The fight against crime (including IT crime) requires new tools as well, but creating a clear balance between new IT solutions and the right to the protection of personal data is becoming ever more urgent.

The EU assures the free exercise of rights by its citizens, and guarantees that they live in security in the entire territory of the European Union. Initiatives such as protection and assistance to the victims of crime serve to enforce all the rights of the citizens. The Hungarian Presidency will endeavour to make progress in the area of criminal procedure rules applicable all over Europe in a single way, by having the draft legislation on the right of the accused to information adopted.

Justice cooperation in civil law matters

In order to develop justice cooperation in civil law matters, the revision of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters will start under the Hungarian Presidency. Another success in unifying international private law rules at the Union level is the new regulation on inheritance creating the free flow of inheritance-related rulings (including administration of wills and inheritance claims ) among the Member States. The task of further unification of the law of matrimonial property will also be on the agenda.