Background
11.The Crime (International Co-operation) Act 2003 implements several outstanding European Union (“EU”) commitments in the area of police and judicial co-operation.
12.The Act includes the legislation necessary to enable the UK’s partial participation in the Schengen Convention. The Schengen Convention was designed to facilitate the free movement of persons by removing internal border controls. A series of measures to enhance police and judicial co-operation was then agreed to compensate for the lifting of controls. The Schengen Convention was formally integrated into the EU treaty structure by the 1997 Treaty of Amsterdam.
13.In May 1999, the UK formally applied to participate in the provisions on police and judicial co-operation, and the Schengen Information System, a database storing criminal information from all participating countries. The UK’s implementation of the Schengen Convention will be formally evaluated by the other Schengen states before its participation can be approved by the Justice and Home Affairs Ministerial Council. Legislation is required to implement some of the mutual legal assistance measures, the extradition provisions and some of the measures on police co-operation.
14.Furthermore, the Act implements several Framework Decisions of the EU in the field of Justice and Home Affairs policy. Framework Decisions were introduced by the 1997 Treaty of Amsterdam and have:
“the purpose of approximation of the laws and regulations of the Member States. Framework Decisions shall be binding upon the Member States as to the result to be achieved, but shall leave to the national authorities the choice of form and methods”: Article 34(2)(b), Treaty on European Union.
15.The UK government has agreed to the Framework Decisions contained in the Act.