Explanatory Memorandum to COM(2005)122-4 - For the period 2007-2013 the specific programme "Criminal justice" as part of the General programme "Fundamental Rights and Justice" - Main contents
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| dossier | COM(2005)122-4 - For the period 2007-2013 the specific programme "Criminal justice" as part of the General programme "Fundamental Rights ... |
|---|---|
| source | COM(2005)122  |
| date | 06-04-2005 |
The preparation of the financial perspectives for 2007-2013 has been guided from the outset by a policy-led approach, in order to ensure consistency between political objectives and the amounts allocated to pursue them. In this context, the establishment of an area of freedom, security and justice is considered to be one of the main priorities of the European Union for the years to come, to be supported through substantially increased financial means. In its Communications ' Building our common Future - Policy challenges and Budgetary means of the Enlarged Union 2007-2013 '[11] and ' Financial Perspectives 2007 – 2013 '[12], the Commission also underlined the importance of using the revision of the legal instruments for the next financial perspectives to create a significant movement towards greater simplicity. Structuring its proposals around three general and policy-led programmes (“Solidarity and management of migration flows”, “Fundamental Rights and Justice”, “Security and safeguarding freedoms”), the Commission sets out a clear framework for the development of financial interventions of the Community in support of the three objectives of Justice, Freedom and Security.
The fight against violence clearly forms part of the protection of fundamental rights as set out in the Charter, in particular the right to physical integrity. The links between violence and several other fundamental rights (liberty, security, health, employment, etc.) are so strong that the implementation of these rights in general as they concern the physical integrity of individuals should be supported. Specific forms of violence – such as racially-motivated violence and violence related to gender or sexual preference – require specific responses which would benefit from European-level exchange of information and development of best practice. The need for a more global and pertinent solution to problems of violence has to be taken into account when designing a response under the new financial perspectives, starting from existing intervention.
The establishment of an area of freedom, security and justice should also tackle drug use and trafficking, one of the main issues facing European societies. A comprehensive, multidisciplinary and integrated strategy has been put forward since 1990 at European level, but without a clearly identified means of financial support. This strategy is based on five main elements: (i) reducing demand, (ii) reducing supply and combating illicit trafficking, (iii) international co-operation, (iv) co-ordination at national and EU level and (v) information research and evaluation.
The main challenges facing the Union in relation to tackling drugs over the period of the next financial perspectives can be defined as follows:
- information and research, including the continuation of the work of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA);
- drug demand reduction since demand feeds the growth of the drugs phenomenon: education, prevention and harm-reduction programmes;
- drug supply reduction, to stop trafficking and drug-related criminality, in particular as regards new synthetic drugs and their chemical precursors, as well as combating money-laundering;
- enhanced cooperation with third countries concerning drug supply and drug demand reduction;
- further legislative activity will be needed in line with new and developing forms of drugs, for example to bring new forms of drugs under established control mechanisms.
- Definition of general, specific and operational objectives
To contribute to the setting up of an area of freedom, security and justice by combating violence and by informing on and preventing drug use. To protect citizens against violence and to attain a high level of health protection, well being and social cohesion. To prevent and combat all forms of violence occurring in the public or the private domain, against children, young people and women To provide support for victims and groups at risk. To assist and encourage NGO and other organisations active in this field. To disseminate the results obtained under the two Daphne programmes including their adaptation, transfer and use by other beneficiaries or in other geographical areas. To identify and enhance actions contributing to the positive treatment of people at risk of violence.
To prevent and reduce drug use, dependence and drug related harms. To involve civil society in the implementation and development of the European Union’s Drugs Strategy and Action plans. To monitor, implement and evaluate the implementation of specific actions under the Drugs Action Plans 2005 – 2008 and 2009 – 2012.
To promote transnational and awareness-raising actions in the areas identified above. To set up multidisciplinary networks; to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange. To develop and implement awareness-raising actions targeted at specific audiences to promote the adoption of zero tolerance towards violence and to encourage support for victims and the reporting of violence. To raise awareness of the health and social problems caused by drug use and to encourage an open dialogue with a view to promoting a better understanding of the drug phenomenon.
All the objectives are consistent with the overall aim of the general programme “Fundamental Rights and Justice” to support the development of an area of freedom, security and justice.
- Complementarity/coherence with other instruments
When preparing the programme, particular attention was given to ensure coherence with other programmes financing activities in the same policy areas and to looking for complementarity and synergy with these.
This programme is complemented by the other specific programmes under the general programme “Fundamental Rights and Justice” in particular the specific programme “Fundamental Rights and Citizenship” that seeks to promote the European Union fundamental rights and values while preserving and respecting the diversity of the culture and traditions of the peoples of Europe.
Complementarity will also be sought with the European Monitoring Centre for Drugs and Drug Addiction that has as main mission to collect and disseminate objective, reliable and comparable information on the phenomenon of drugs and drug addiction in Europe. In order to do so, the Centre works in partnership with non-EU countries as well as with international organisations concerned with this issue.
The general programmes “Security and Safeguarding Liberties” and “Solidarity and Management of Migration Flows” will be given special attention as they complement the present programme and synergy with the two will certainly be achieved in particular in the area of fighting against crime be it violence such as racially-motivated violence and violence related to gender or sexual preference or drugs related crimes.
Other programmes may also complement the present programme such “Safer Internet Plus”, “Health programme”, “Injury Protection Programme” the 7th Research & Development Framework Programme and the “Youth” programme.
The Daphne programme was assessed twice by the Commission. A mid term report was presented in 2002 i and a final report in 2004 i.
Both the mid term and final reports on the Daphne programme (2000–2003) show that organisations have gained from their participation in European partnership, enabling associations to work together resulted in more effective programming and better use of resources. The final report indicated that there was some room for improvement such as the creation of a helpdesk and putting increased emphasis on dissemination, and the Daphne II programme was adapted in line with the findings of this report. As these changes to the structure of the programme are quite recent, no significant changes need to be introduced.
The Action Plan on Drugs (2000–2004) was evaluated by the Commission on two occasions: at mi-term i and at the end of the programme i. The new Action Plan (2005-2008) targets in particular those areas that the evaluation highlighted as needing to be progressed further.
According to these evaluations some improvements need to be made in order better to achieve the objectives. In particular, it was emphasised that civil society should be further involved in the preparation and development of EU policies in this area. Better coordination of national actions, including in the international arena is also required. Networking and exchange of best practices should be encouraged and further developed.
The working paper of the Commission presenting the ex ante evaluation of the general programme “Fundamental Rights and Justice” shows the appropriateness of the policy option chosen to achieve the goals envisaged.
This specific programme of the general programme “Fundamental Rights and Justice” is based in Article 152 of the Treaty establishing the European Community.
Article 152 TEC, which relates to public health, clearly states that the definition and implementation of all Community policies and activities shall ensure a high level of protection of human health. It adds that the Community shall complement the Member States’ action in reducing drugs-related health damage, including through information and prevention.
Ensuring a high level of human health by protecting people against violence and developing informative and preventive action in respect of drugs is the main objectives of this programme. The legal basis proposed is therefore adequate.
Different types of actions are envisaged such as:
- Specific actions taken by the Commission, such as, studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities;
- Actions providing financial support for specific projects of Community interest under the conditions set out in the annual work programmes;
- Actions providing financial support for the activities of non-governmental organisations or other entities under the conditions set our in the annual work programmes;
- An operating grant to the European Federation for Missing and Sexually Exploited Children which pursues an aim of general European interest in the field of children’s rights and protection.
The current proposal has been designed to respect the principles of subsidiarity and proportionality set out in Article 5 of the EC Treaty and its accompanying Protocol. So far as subsidiarity is concerned, this programme does not attempt to intervene in the areas that are cover by national programmes developed by national authorities in each Member State but to focus on areas where European added-value can be engendered. To this extent, the great majority of the activities supported by the programme can be viewed as complementary to national actions and as attempting to exploit as far as possible the synergy from actions implemented at international and regional level.
As far as proportionality is concerned, the new programme proposal has been designed to incorporate the maximum possible simplification in terms not only of the form of the action – the definitions of actions in the legislative text are kept as generic as possible – but also in terms of the administrative and financial requirements that will apply to their implementation. The Commission has sought to find the right balance between flexibility and ease of use on the one hand, and clarity of purpose and appropriate financial and procedural safeguards, on the other.
Following the guidelines indicated in the protocol on the application of both principles, it is clear that the problems that this programme sought to tackle have transnational aspects and therefore that action at Community level will yield benefits over and above action at Member State level.
The proposed approach will contribute to the key objective of simplifying instruments both in legal and management terms and of streamlining of the structure of the budget. It will also increase coherence and consistency between instruments and avoid duplication between these. Whilst additional human resources will be necessary to cope with future enlargements, a better allocation of human resources will be achieved by discontinuing smaller budget lines (which absorb disproportionate resources) and by regrouping existing programmes into a single, coherent and streamlined programme. This will result in more proportionality between the amount of expenditure and the administrative cost of managing it.
The proposed rationalisation will also benefit the end-user as it increases the visibility, clarity and coherence of the instruments. Potential beneficiaries will find it easier to apply for funding thanks to the standardised approach and the harmonisation of provisions for implementation.
The Commission may decide to entrust part of the budget implementation to agencies governed by Community law, referred to in Article 54(2)(a) of the Financial Regulation. These agencies shall be designated by the Commission in conformity with the provisions of Articles 55 and 56 of Council Regulation (EC, Euratom) No 1605/2002 and of Article 37 of Commission Regulation (EC, Euratom) No 2342/2002. The Commission shall analyse the compliance with the principles of economy, effectiveness and efficiency. Before proceeding to implement the delegation, the Commission shall ensure, by mean of a prior assessment that the creation of agencies is in compliance with sound financial management.
The proposed new instrument follows the path that was determined by the Commission in what concerns the political and financial challenges as from 2007 on. The intention is to complement, simplify and rationalise the existing instruments and to ensure the necessary flexibility to face new objectives and to respond in a smooth way to the new legal framework, which will be established once the Constitutional Treaty enters into force.
Contents
- BUDGETARY IMPLICATIONS
- 2. Justification of the action
- 2.1. Analysis of the problem
- 2.2. The way forward
- 2.3. Objectives of the programme and related indicators
- 3. EVALUATION
- 3.1. Lessons drawn from intermediate / final evaluations
- 3.2. Ex ante evaluation
- 4. LEGAL BASIS AND RATIONALE OF THE POLICY INSTRUMENT
- 4.1. Legal Basis
- 4.2. Actions defined within the programme
- 4.3. Subsidiarity and Proportionality
- 4.4. Simplification and rationalisation
The cost of the general programme “Fundamental Rights and Justice” for the period 2007–2013 is EUR 543 million; the present specific programme will be allocated EUR 138.2 million.