Oblast slobode bezbednosti i pravde u pravu Evropske unije

Abstract

The area of freedom, security and justice was established by the EU constituent treaties and it was set as a special objective of the European integration. This area has undergone dynamic stages of institutional and normative development to become an integral part of the EU today. It would be difficult to imagine the existence of the EU without it. Historical development of the Union showed that protection of the basic citizens‘ values is not possible without clearly defined policies and joint cooperation of the Member States in the area of internal affairs and judiciary. Sensitivity of this cooperation stems from transferring national responsibilities to supranational level in the areas that are the core of every state‘s sovereignty. Use of legal force apparatus and criminal law jurisdiction have been until recently a national issue, and the Member States have been keeping this area from breakthrough of international or, in the case of EU, deeper mutual cooperation at any cost. The area of freedom, security and justice consists of three areas. The European area of freedom and free movement of people has been created by the Single Market. In addition to the advantages for the Union‘s citizens and citizens of third countries, the Single Market has enabled expansion and transfer of criminal activity in the area without internal borders. The European area of security entails police cooperation of the Member States on preserving security within the area of freedom and free movement of people. The cooperation in this area is the basis for efficient joint preventive and repressive action on fighting crime, especially serious crime with cross-border dimension. The European area of justice consists of elements of criminal law and civil law cooperation of the Member States. Joint definitions of criminal offences and sanctions, mutual recognition of verdicts and guaranteeing the rights of suspects or accused in a criminal procedure are crucial issues of the cooperation that has led gradually to supranational norms of the EU criminal law.