MIME-Version: 1.0 Content-Location: file:///C:/8C6BC8E6/ARTICLE61F.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 61 F]

FIGHTING CROSS-BORDER CRIME:

MEMBER STATES EXPECTED TO DEVELOP SUPER-UNION COOPERATION=

IN FIELD OF NATIONAL SECURITY

 [ARTICLE 61F]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three Policies and Internal Actions of the Union, Titl= e IV – Area of Freedom, security and Justice, Chapter 1 General Provisions, Article 61F

 

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 64, replacement Chapter 1 and Articles 61 to 61I TEC (TFEU) general provisions relating to an area of freedom, security and justice; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“ARTICLE 61 F

It shall be open to Member States to organise between themselves and under their responsibility such forms of cooperation= and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.”= ;

 

Consolidated Treaty Article(s):

n/a

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Expl= anation:

This Article pushes for a development= of Member State cooperative arrangements under which the drive towards federalist cooperati= on is first supported actively by the Union as something going beyond EU law, and second that such super-Unio cooperative agreements will in turn become EU law. Whereas Article 61E states “This Title sh= all not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security”, the Lisbon Treaty introduced a new provision, Art= icle 61 F stating that Member States are free “to organi= se between themselves and under their responsibility such forms of cooperation= and coordination as they deem appropriate between the competent departments of their administrations responsible for safeguarding national security.”= ;

 

This provision will open the door for increased EU interference. It is important to note that the = Prüm Treaty was designed outside the legal framework of the EU by seven Member States. Neither the Commission nor the other = Member States took part in= the Prüm Treaty negotiations. However, soon it will = be incorporated into EU law. It is obvious that the Contracting States designed the Treaty with the aim of incorporating its provisions into EU law. Theref= ore, it is implied that a group of Member States reaching an agreement between <= span class=3DGramE>themselves will subsequently have that agreement incor= porated into the EU framework, in much the same way that programmes of enhanced cooperation have operated in the past.&nbs= p;