It was created, on the foundations of the TREVI cooperation, as the Justice and Home Affairs pillar by the Maastricht Treaty in order to advance cooperation in criminal and justice fields without member states sacrificing a great deal of sovereignty. Decisions were taken by consensus rather than majority (which was the case in the European Community areas) and the supranationalinstitutions had little input.
The Treaty of Amsterdam transferred the areas of illegal immigration, visas, asylum, and judicial co-operation in civil matters to the integrated European Community. The term Justice and Home Affairs later covers these integrated fields as well as the intergovernmental third pillar. The pillar was renamed "Police and Judicial Co-operation in Criminal Matters" to reflect its reduced scope.
Before the Maastricht Treaty, member states cooperated at the intergovernmental level in various sectors relating to free movement and personal security ("group of co-ordinators", CELAD, TREVI) as well as in customs co-operation (GAM) and judicial policy. With Maastricht, Justice and Home Affairs co-operation aimed at reinforcing actions taken by member states while allowing a more coherent approach of these actions, by offering new tools for coordinating actions.
The Treaty of Lisbon, which entered into force in December 2009, abolished the entire pillar system. The PJC areas and those transferred from JHA to the Community were once more grouped together in creating an area of freedom, security and justice.
EU evolution timeline
Since the end of World War II, sovereignEuropean countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty) in an increasing number of areas, in the European integration project or the construction of Europe (French: la construction européenne). The following timeline outlines the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration.
Legend: S: signing F: entry into force T: termination E: expiry de facto supersession Rel. w/ EC/EU framework: de facto inside outside
Nice Treaty S: 26 February 2001 F: 1 February 2003
Lisbon Treaty⁵ S: 13 December 2007 F: 1 December 2009
¹Although not EU treaties per se, these treaties affected the development of the EU defence arm, a main part of the CFSP. The Franco-British alliance established by the Dunkirk Treaty was de facto superseded by WU. The CFSP pillar was bolstered by some of the security structures that had been established within the remit of the 1955 Modified Brussels Treaty (MBT). The Brussels Treaty was terminated in 2011, consequently dissolving the WEU, as the mutual defence clause that the Lisbon Treaty provided for EU was considered to render the WEU superfluous. The EU thus de facto superseded the WEU.
⁴Between the EU's founding in 1993 and consolidation in 2009, the union consisted of three pillars, the first of which were the European Communities. The other two pillars consisted of additional areas of cooperation that had been added to the EU's remit.
The Maastricht Treaty established that, while reaching the objectives of the Union, and notably the freedom of movement, the member states consider the following as areas of common interest under Justice and Home Affairs:
Asylum;
Rules concerning the entrance of external borders;
Immigration policies and policies concerning third countries' citizens:
Conditions of entry and circulation for foreign citizens in the territory of the Union;
Conditions of residence for foreign citizens in the territory of Member States, comprising families and employment access;
Fight against irregular immigration, residence and work of foreigners within the territory of the Union;
Combating illicit drugs where this is not covered by point 7), 8) and 9);
Fight against international fraud where this is not covered by points 7), 8) and 9);
Judicial co-operation in civil matters;
Judicial co-operation in penal matters;
Customs co-operation;
Police co-operation for preventing and fighting terrorism, drugs trade and other grave forms of international criminality, comprising, if necessary, certain aspects of customs co-operation.
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