Title VI of the Maastricht Treaty
01 January 1991
Title VI of the Maastricht Treaty
bacdoc October=1995
Full text
Cooperation in the fields of Justice and Home Affairs
TITLE VI
PROVISIONS ON COOPERATION
IN THE FIELDS OF
JUSTICE AND HOME AFFAIRS
Article K
Cooperation in the fields of justice and home affairs shall be
governed by the following provisions.
Article K.1
For the purposes of achieving the objectives of the Union, in
particular the free movement of persons, and without prejudice
to the powers of the European Community, Member States shall
regard the following areas as matters of common interest:
(1) asylum policy;
(2) rules governing the crossing by persons of the external
borders of the Member States and the exercise of controls
thereon;
(3) immigration policy and policy regarding nationals of third
countries:
(a) conditions of entry and movement by nationals of third
countries on the territory of Member States;
(b) conditions of residence by nationals of third countries
on the territory of Member States, including family reunion and
access to employment;
(c) combating unauthorized immigration, residence and work
by nationals of third countries on the territory of Member
States;
(4) combating drug addiction in so far as this is not covered by
(7) to (9);
(5) combating fraud on an international scale in so far as this
is not covered by 7 to 9;
(6) judicial cooperation in civil matters;
(7) judicial cooperation in criminal matters;
(8) customs cooperation;
(9) police cooperation for the purposes of preventing and
combating terrorism, unlawful drug trafficking and other serious
forms of international crime, including if necessary certain
aspects of customs cooperation, in connection with the
organization of a Union-wide system for exchanging information
within a European Police Office (Europol).
Article K.2
1. The matters referred to in Article K.1 shall be dealt with
in compliance with the European Convention for the Protection of
Human Rights and Fundamental Freedoms of 4 November 1950 and the
Convention relating to the Status of Refugees of 28 July 1951 and
having regard to the protection afforded by Member States to
persons persecuted on political grounds.
2. This Title 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 K.3
1. In the areas referred to in Article K.1, Member States shall
inform and consult one another within the Council with a view to
coordinating their action. To that end, they shall establish
collaboration between the relevant departments of their adminis-
trations.
2. The Council may:
- on the initiative of any Member State or of the
Commission, in the areas referred to in Article K.1(1) to (6);
- on the initiative of any Member State, in the areas
referred to in Article K.1(7) to (9):
(a) adopt joint positions and promote, using the
appropriate form and procedures, any cooperation contributing to
the pursuit of the objectives of the Union;
(b) adopt joint action in so far as the objectives of the
Union can be attained better by joint action than by the Member
States acting individually on account of the scale or effects of
the action envisaged; it may decide that measures implementing
joint action are to be adopted by a qualified majority;
(c) without prejudice to Article 220 of the Treaty
establishing the European Community, draw up conventions which
it shall recommend to the Member States for adoption in
accordance with their respective constitutional requirements.
Unless otherwise provided by such conventions, measures
implementing them shall be adopted within the Council by a
majority of two-thirds of the High Contracting Parties.
Such conventions may stipulate that the Court of
Justice<