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European Issues

Co-ordination of European Justice and Home Affairs Issues

Justice and Home Affairs (JHA) includes some of the most important and sensitive issues facing the EU today. The objective of EU JHA policy is to create an area of freedom, security and justice within which individuals are protected against threats such as serious crime and terrorism while having their rights respected and being able to move freely between Member States.

JHA activities are therefore designed to develop citizens' rights to security and justice and to promote cross border co-operation between authorities in the Member States. Devolved issues covered by JHA include policing matters and judicial co-operation on criminal and civil, including family law matters.

Further details can be found on the European Commission's website.

The EU and International Law Branch within the Civil Law Division of Constitution, Law and Courts Directorate co-ordinates the Scottish Government interest in all civil and criminal EU JHA matters.

In doing so it seeks to ensure that the SG is involved in discussions at the earliest stage of proposals, and is in a position properly to implement EU legislation or international treaties dealing with justice matters. The Branch, together with other parts of the Division, represents Scottish interests in EU negotiations and other matters relating to civil justice and liaises on these matters with relevant government departments in the rest of the UK.

The Branch also acts as the Scottish contact point for the European Civil Judicial Network, which exists to facilitate contact between judges and other authorities in EU Member States. More information on the European Civil Judicial Network.

In working to achieve the best outcome for Scotland, the EU and International Law Branch engages in a wide range of activities. In particular, we track the progress of proposals as they emerge from Brussels and work closely with Scottish Government colleagues here in Scotland and in our Brussels office to ensure that Scottish views are fed in to their development at an early stage. We also work closely with UK Government colleagues in the Home Office and the Ministry of Justice on EU issues to ensure that Scottish interests are fully taken into account in the UK negotiating position. We attend EU negotiating meetings in Brussels as appropriate and support attendance by Scottish Ministers at meetings of the JHA Council of Ministers.

We also liaise with the Scottish Parliament, such as providing regular reports to the Parliament's Justice Committee, to ensure that MSPs are kept informed of developments with relevance to Scotland. Stakeholder engagement, especially with the legal profession, judiciary and academics, is also an important part of ensuring effective Scottish input to the development of the EU justice agenda. This is done in accordance with the Scottish Government's Action Plan on European Engagement, which lists a number of EU JHA matters among its list of EU priorities.

Page updated: Friday, December 12, 2008