Jurisdiction of the European Court of Justice
The
European Court of Justice only had jurisdiction to make
preliminary rulings on the interpretation of framework decisions when a member state made a declaration under the (pre-Lisbon)
Treaty on European Union indicating the circumstances in which the Court could exercise such a jurisdiction. All
member states except Ireland and the United Kingdom made such a declaration. The
European Commission could not bring enforcement proceedings against member states for failing to implement a framework decision or for implementing it incorrectly, although the Court did have jurisdiction to resolve disagreements between member states concerning the interpretation of framework decisions and to hear annulment proceedings regarding their validity. As of the coming into force of the Lisbon Treaty the
status quo ante regarding preliminary rulings and enforcement proceedings were preserved for a transitional period of five years although this transitional period ceases to apply to a framework decision which has been amended after the Lisbon's coming into force. Since the transitional period expired on 30 November 2014, preliminary rulings and enforcement proceedings have become possible.
United Kingdom opt-out However, the United Kingdom negotiated an opt-out from the continued legal force of framework decisions which it may put into effect no later that six months before the expiry of the transitional period by so notifying the
Council of the European Union. In October 2012 the UK government announced that it intended to exercise this opt-out and then selectively opt back into certain measures. Unless this decision is reversed, all framework decisions which are not amended during the transitional period but which are still in force ceased to apply to the UK from 1 December 2014. ==List of framework decisions==
List of framework decisions
The following is an exhaustive list the 34 framework decision which were adopted between 1999 and 2009: • Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ L 140, 14.6.2000, pp. 1–3). • replaced by Directive 2014/62/EU of the European Parliament and of the Council • Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ L 82, 22.3.2001, pp. 1–4). • replaced by Directive 2012/29/EU of the European Parliament and of the Council • Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ L 149, 2.6.2001, pp. 1–4). • replaced by Directive (EU) 2019/713 of the European Parliament and of the Council • Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, pp. 1–2). • certain provisions replaced by Directive 2014/42/EU of the European Parliament and of the Council and Directive (EU) 2018/1673 of the European Parliament and of the Council • Council Framework Decision 2001/888/JHA of 6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (OJ L 329, 14.12.2001, pp. 3–3). • implicitly repealed by Directive 2014/62/EU • Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States – Statements made by certain Member States on the adoption of the Framework Decision (OJ L 190, 18.7.2002, pp. 1–20). • Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, pp. 3–7). • replaced by Directive (EU) 2017/541 of the European Parliament and of the Council • Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, pp. 1–3). • Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (OJ L 203, 1.8.2002, pp. 1–4). • replaced by Directive 2011/36/EU of the European Parliament and of the Council • Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, pp. 1–3). • Council Framework Decision 2003/80/JHA of 7 January 2003 on the protection of the environment through criminal law (OJ L 29, 5.2.2003, pp. 55–58). • invalidated by Case C-176/03, certain provisions subsequently adopted in Directive 2008/99/EC of the European Parliament and of the Council • Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, pp. 54–56). • Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, pp. 45–55). • replaced by Regulation (EU) 2018/1805 of the European Parliament and of the Council • Council Framework Decision 2004/68/JHA of 22 December 2003 on combating the sexual exploitation of children and child pornography (OJ L 13, 20.1.2004, pp. 44–48). • replaced by Directive 2011/93/EU of the European Parliament and of the Council • Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, pp. 8–11). • Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property (OJ L 68, 15.3.2005, pp. 49–51). • certain provisions replaced by Directive 2014/42/EU of the European Parliament and of the Council • Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, pp. 16–30). • Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems (OJ L 69, 16.3.2005, pp. 67–71). • replaced by Directive 2013/40/EU of the European Parliament and of the Council • Council Framework Decision 2005/667/JHA of 12 July 2005 to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution (OJ L 255, 30.9.2005, pp. 164–167). • invalidated by Case C-440/05, certain provisions subsequently adopted in Directive 2009/123/EC of the European Parliament and of the Council • Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006, pp. 59–78). • replaced by Regulation (EU) 2018/1805 of the European Parliament and of the Council • Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, pp. 89–100). • repealed by Directive (EU) 2023/977 of the European Parliament and of the Council • Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ L 220, 15.8.2008, pp. 32–34). • Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, pp. 42–45). • Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ L 327, 5.12.2008, pp. 27–46). • Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions (OJ L 337, 16.12.2008, pp. 102–122). • Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (OJ L 350, 30.12.2008, pp. 60–71). • repealed by Directive (EU) 2016/680 of the European Parliament and of the Council • Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (OJ L 328, 6.12.2008, pp. 55–58). • Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on combating terrorism (OJ L 330, 9.12.2008, pp. 21–23). • implicitly repealed by Directive (EU) 2017/541 of the European Parliament and of the Council • Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents and data for use in proceedings in criminal matters (OJ L 350, 30.12.2008, pp. 72–92). • repealed by Regulation (EU) 2016/95 of the European Parliament and of the Council • Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (OJ L 81, 27.3.2009, pp. 24–36). • Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, pp. 23–32). • Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, pp. 20–40). • Council Framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities (OJ L 322, 9.12.2009, pp. 14–16). • Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings (OJ L 328, 15.12.2009, pp. 42–47). ==See also==