TITLE III - INTERNAL POLICIES AND ACTION
CHAPTER IV - AREA OF FREEDOM, SECURITY AND JUSTICE
SECTION 1 - GENERAL PROVISIONS
ARTICLE III-257
1. The Union shall constitute an area of freedom, security and justice with
respect for fundamental rights and the different legal systems and traditions
of the Member States.
2. It shall ensure the absence of internal border controls for persons and shall frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationals. For the purpose of this Chapter, stateless persons shall be treated as third-country nationals.
3. The Union shall endeavour to ensure a high level of security through measures to prevent and combat crime, racism and xenophobia, and through measures for coordination and cooperation between police and judicial authorities and other competent authorities, as well as through the mutual recognition of judgments in criminal matters and, if necessary, through the approximation of criminal laws.
4. The Union shall facilitate access to justice, in particular through the principle of mutual recognition of judicial and extrajudicial decisions in civil matters.
ARTICLE III-258
The European Council shall define the strategic guidelines for legislative and
operational planning within the area of freedom, security and justice.
ARTICLE III-259
National Parliaments shall ensure that the proposals and legislative initiatives submitted under Sections 4 and 5 of this Chapter comply with the principle of subsidiarity, in accordance with the arrangements laid down by the Protocol on the application of the principles of subsidiarity and proportionality.
ARTICLE III-260
Without prejudice to Articles III-360 to III-362, the Council may, on a proposal
from the Commission, adopt European regulations or decisions laying down the
arrangements whereby Member States, in collaboration with the Commission, conduct
objective and impartial evaluation of the implementation of the Union policies
referred to in this Chapter by Member States' authorities, in particular in
order to facilitate full application of the principle of mutual recognition.
The European Parliament and national Parliaments shall be informed of the content and results of the evaluation.
ARTICLE III-261
A standing committee shall be set up within the Council in order to ensure that
operational cooperation on internal security is promoted and strengthened within
the Union. Without prejudice to Article III-344, it shall facilitate coordination
of the action of Member States' competent authorities. Representatives of the
Union bodies, offices and agencies concerned may be involved in the proceedings
of this committee. The European Parliament and national Parliaments shall be
kept informed of the proceedings.
ARTICLE III-262
This Chapter shall 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.
ARTICLE III-263
The Council shall adopt European regulations to ensure administrative cooperation
between the relevant departments of the Member States in the areas covered by
this Chapter, as well as between those departments and the Commission. It shall
act on a Commission proposal, subject to Article III-264, and after consulting
the European Parliament.
ARTICLE III-264
The acts referred to in Sections 4 and 5, together with the European regulations
referred to in Article III-263 which ensure administrative cooperation in the
areas covered by these Sections, shall be adopted:
(a) on a proposal from the Commission, or
(b) on the initiative of a quarter of the Member States.