VII - Conclusion
56. Some of the Commission's proposals for the
next five-year justice and home affairs (JHA) work programme affect
policies which are at the core of national sovereignty. Moreover,
we are particularly concerned by the following issues:
i. The omission from the Communication of
an evaluation of the practical benefits achieved so far as a result
of the Tampere programme.
ii. The omission of a statement of the practical
benefits expected from the Commission's proposals for the next
five years.
iii. The Commission's apparent wish to rely
on qualified majority voting to secure the adoption of JHA legislation
against the wishes of some Member States.
iv. The risk that the expression "an
area of freedom, security and justice" is encouraging the
notion that such an area is a unitary State separate from the
Member States which make up the European Union and Community.
Our concern on this point is illustrated by the statement in the
Commission's document that "there will therefore be expectations
and demands for 'more Europe', this being seen, in particular
in the new Member States, as the only way of assuring European
citizens of the level of security to which they legitimately aspire".[18]
v. The further harmonization of asylum policy,
going beyond the establishment of reasonable common minimum standards.
vi. The proposals for the creation of a European
Public Prosecutor and a European Corps of Border Guards and to
give Europol some investigative powers. We have not yet seen sufficient
justification for giving the European Union its own prosecutor,
border guards and police force.
vii. The extension of the Community's activities
into crime prevention. We question such an extension unless it
can be shown to be fully consistent with the principles of subsidiarity
and proportionality.
viii. The proper scope of measures in relation
to civil and criminal justice. We believe that such measures
should be strictly confined to those which are necessary for mutual
recognition, and that such measures should not affect purely internal
cases or otherwise encroach on the integrity of the legal systems
of the Member States.
57. Accordingly, we recommend the Communication
for debate on the Floor of the House. The debate needs to be held
in good time for the Government to take account of the views of
the House before the Communication is discussed at the JHA Council
in October.
18 See para 15 above. Back
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