Framework decision

A framework decision was a decision of the Council of the European Union, which was passed on the basis of Articles 29-42 of the EU Treaty as amended in the Treaty of Lisbon in the context of the third pillar (police and judicial cooperation in criminal matters). The framework decisions already decided regarded as such until they are amended in accordance with the Treaties as modified by the Treaty of Lisbon. In particular, the powers of the European Court of Justice are still to be determined in terms of framework decisions until their first change after the contracts in the version prior to the Treaty of Lisbon provisions foreseen. This transitional provision shall expire five years after the entry into force of the Lisbon Treaty repealed.

Framework decisions were or are used to approximate the laws, regulations and administrative provisions of the Member States together. They corresponded thus the guidelines under the first pillar (European Communities ). They are therefore binding on Member States as to the result to be achieved; they set a framework. However, it is up to the Member States how and in what form they want to achieve the goal of a framework decision. In contrast to " normal" decisions, framework decisions are not immediately effective.

The Framework Decision was adopted without the consent of the European Parliament. The Council had to listen to the Parliament, although prior to the decision, he was not bound by the opinion of Parliament. The decision in the Council had to be unanimous. Since the Treaty of Lisbon, the matters relating to police and judicial cooperation in criminal matters, however, adopted under the ordinary legislative procedure with the European Parliament full participation.

About the legality, validity and interpretation of framework decisions decided by the European Court of Justice. Empowered action are only the European Commission and the EU Member States, but not the European Parliament.

Examples

The EAW was created by a Framework Decision.

Originally the Council wanted to introduce the controversial retention of telecommunications data by the Framework Decision. However, the European Parliament expressed strong concerns about the legality of such a framework decision and called for a parliamentary participation. After the Commission considers the Parliament had joined the Council gave up his plan. The retention was then introduced by a directive. This choice has been confirmed by the European Court, referred by Ireland, in Case C-301/06.

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