Framework decision

A framework decision was a kind of legislative act of the European Union used exclusively within the EU's competences in police and judicial co-operation in criminal justice matters. Framework decisions were similar to directives in that they required member states to achieve particular results without dictating the means of achieving that result.[1] However unlike directives, framework decisions were not capable of direct effect,[1] they were only subject to the optional jurisdiction of the European Court of Justice[2] and enforcement proceedings could not be taken by the European Commission for any failure to transpose a framework decision into domestic law.

Framework decisions were created in the Amsterdam Treaty and replaced joint actions which were legal instruments available under the Maastricht Treaty. The Lisbon Treaty abolished framework decisions and the EU can now enact directives and regulations in the area of criminal justice by means of the ordinary legislative procedure.

  1. ^ a b Lebeck, Carl, Sliding Towards Supranationalism? The Constitutional Status of EU Framework Decisions after Pupino[permanent dead link], 8(5) German Law Journal 501 at 507.
  2. ^ Article 35 of the Treaty on European Union (Treaty of Nice Version) (OJ C 325, 24 December 2002, p. 1).