Cooperation between the member states of the European Union in the fields of justice and home affairs has increased over recent years, but the foundations were laid in the early principles of the free movement of goods, people, services and capital.  The trans-national nature of the issues addressed in these areas (from immigration and asylum, to preventing crime and promoting fundamental rights) is one important factor. The global explosion in terms of mobility and technology, for example, has served to further the need for closer relations.

Decisions on police and criminal judicial co-operation, and family law are taken by agreement of all member states.  Decisions on visas, asylum and immigration are taken by a majority of Member States, with the involvement of the European Parliament.

 

Judicial cooperation

 

Within the EU, member states co-operate on civil and criminal matters, and have agreed legislation to improve and speed up the exchange of information and evidence between judicial authorities to ensure that perpetrators of crime are brought to justice, regardless of where the crime was committed. .. Judicial cooperation in civil and family matters is delivering greater legal certainty for UK citizens and businesses, making it easier for people to live, work, study, buy and sell, and do business across the borders with the same security and ease of access to justice as at home.

 

Freedom of travel

 

The majority of EU member states have abolished internal border controls from people travelling from one country to another within the system (known as the Schengen zone). The UK and Ireland have not opted into this system, but do participate in the police and judicial co-operation rules that apply in the Schengen zone and will have access to the relevant parts of the Schengen Information System, which will facilitate the exchange of information between police authorities. But the UK and UK citizens do benefit hugely from free movement rights in the EU (with hundreds of thousands of Britons living elsewhere in the EU). One of the main challenges in this area is how to defend free movement principles from misuse through crime, illegal immigration and fraud without impinging on citizens rights to move, work or marry in other EU Member States.

 

Immigration and asylum

 

Immigration has become a top priority issue for most EU Member States. How to secure the EU’s borders against illegal immigration and ensure that those with no right to stay are returned is a challenge that faces all EU countries and is, by nature, a transnational issue.  But the EU also needs to attract the brightest and best from around the world to keep our economies buoyant and competitive. The EU (and particularly the UK) has a long tradition of asylum and of providing a refuge for those who require protection from persecution. EU countries (including the UK) are trying to develop a common system that provides protection but is resistant to misuse by those attempting to circumvent normal immigration controls.

 

Fighting crime and terrorism

 

An EU-wide approach to tackling crime and terrorism is essential. The EU particularly brings the ability to tackle crimes which occur across borders such as the illegal drugs trade, terrorism, terrorist financing and training, money laundering and human trafficking.  Europe aims to add value in these areas on both a practical level, such as enhancing cooperation between police forces across the EU and by introducing tougher and more coordinated legislation.  The EU can also provide Member States with the opportunity to share best practice and develop joint initiatives, for example on how to tackle the threat of terrorism and prevent violent extremism.