Step by Step Progress: An Update on the Free Movement of Persons and Internal Security

den Boer, Monica (1997) Step by Step Progress: An Update on the Free Movement of Persons and Internal Security. EIPASCOPE, 1997 (2). pp. 1-4.

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Abstract

[From the Introduction]. A New Title ‘Visas, asylum, immigration and other policies related to the free movement of persons’ (IIIa). In the ‘old’ Third Pillar construction, there are nine matters of common interest. Some of these matters have been found eligible for transfer to Community law, namely immigration, asylum, external borders (Visa Policy) and judicial cooperation in civil matters. This Title – in which communautarian instruments, methods of decision-making and legislation will apply. The new Treaty of Amsterdam has been characterized as extraordinarily difficult by dignitaries, journalists and academics alike. The tremendous complexity of the Amsterdam Treaty is largely due to the many changes that were made in the area of Justice and Home Affairs (JHA) Cooperation. Before Amsterdam, cooperation in this field was already split between communautarian and intergovernmental action. In particular visa policy, fraud, money laundering, customs cooperation and drugs were topics that were scattered around in the Treaty. The fragmentation of some justice and home affairs issues will continue after Amsterdam. The three main ‘zones’ of cooperation will be: 1) A New Title ‘Free Movement of Persons, Asylum and Immigration’, which will eventually be subject to full Community competence; 2) The incorporation of the Schengen Acquis into the new Treaty; and 3) A revamped Third Pillar with provisions on Police and Judicial Cooperation.

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