This term, which refers to a legal instrument under Title V of the Treaty on European Union, means coordinated action by the Member States whereby resources of all kinds (human resources, know-how, financing, equipment and so on) are mobilised to attain specific objectives fixed by the Council on the base of general guidelines from the European Council.
This term, which refers to a legal instrument under Title VI of the Treaty on European Union, means coordinated action by the Member States on behalf of or in the framework of the Union, where the objectives of the Union can be better attained by joint action than by the Member States acting individually, owing to the scale or the effects of the envisaged action. When the Treaty of Amsterdam enters into force, joint actions in the justice and home affairs fields will be abolished and replaced by "decisions" and "framework decisions".
The joint position in the context of justice and home affairs is a legal instrument enabling the Council to promote any cooperation contributing to the pursuit of the objectives of the Union. Member States are required to give full effect, both domestically and in foreign policy, to decisions adopted unanimously in meetings of the Council.
The Treaty of Amsterdam will retain this instrument under the new Title VI of the Treaty on European Union (Police and judicial cooperation in criminal matters).
Justice and home affairs was included among the areas of the European Union's activities under Title VI of the 1992 Treaty on European Union (also referred to as the "third pillar"). The aim of this cooperation is to strengthen the Union and create an area of security and liberty in which the free movement of persons is guaranteed. It is concerned with the following matters:
Various instruments were created as a means of taking action in this sphere: the joint action, the joint position and the convention. Although significant progress has been made, the overall record of cooperation in this field has been criticised. Consensus has been reached on the need to introduce more effective provisions in order to strengthen the cooperation structures and incorporate into the Community framework the areas mentioned above which are linked to controls on persons (asylum, immigration and crossing of external borders).
The Treaty of Amsterdam reorganises cooperation in the fields of justice and home affairs. On its entry into force, an area of freedom, security and justice will be established. Certain sectors will be brought within the Community framework, while new fields and new methods will appear.
The "Schengen area", which was formed outside the legal framework of the European Union on the initiative of certain Member States wishing to progress further in the free movement of persons, will be incorporated in the new Treaty.