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there is still a serious lack of mutual trust and, above all, solidarity between Member States, especially as regards policies on legal and illegal immigration and police and judicial cooperation in criminal matters,

—

these problems also affect the phase of transposition of the few measures adopted since ‘an insufficient level of achievement was evident in the following areas: Visa Policy, Sharing of Information among Law Enforcement and Judicial Authorities, Prevention of and the Fight against Organised Crime, Management of Crises within the European Union, Police and Customs Cooperation and Judicial Cooperation in Criminal Matters’,

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take account of the institutions’ procedures, structures and decisions, and of the principles and objectives set out in the Charter of Fundamental Rights of the European Union, proclaimed in Strasbourg on 12 December 2007 (1),

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promote decision-making transparency at Union and national level, in particular in connection with the AFSJ, in accordance with the recent judgment of the Court of Justice of the European Communities (ECJ) on legislative transparency (Turco case (2)),

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effectively involve national parliaments in the establishment and implementation of the AFSJ, including as regards assessment of these policies in the other Member States and by European Union agencies,

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ensure respect for the primacy of Community law over EU law (Article 47 of the EU Treaty) in the conclusion of international agreements, especially in the case of sanctions affecting nationals of third countries or where citizens of the Union are liable to be discriminated against (visa waiver); Parliament should systematically be associated with the conclusion by the EU of international agreements relating to police and judicial cooperation in criminal matters,

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strengthen loyal cooperation and solidarity between Member States in implementing policies and measures taken by the Union by strengthening and democratising the mutual assessment mechanisms already provided for as part of Schengen cooperation and in the fight against terrorism,

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initiate enhanced cooperation under the first pillar where the required unanimity is impossible to achieve (see the debate concerning the proposal from the Commission of 17 July 2006 for a Council Regulation amending Regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (COM(2006)0399)),

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go beyond the as yet embryonic and uncertain nature of initiatives conducted by the agencies set up by the Union and cooperation with national administrations,

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set up a genuine communication policy enabling citizens of the Union to be better informed about initiatives established at Union and national level and to become familiar with the relevant Union and national authorities which they can contact without prejudice to court action with regard to aspects liable to affect citizens’ fundamental rights,

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the protection of fundamental rights, as laid down in the Charter of Fundamental Rights of the European Union,

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the judicial control exercised by the ECJ, including over legislation pertaining to police and judicial control,

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the democratic control resulting from the extension of codecision by Parliament and from the involvement of national parliaments in the Union’s law-making process and in the assessment of its impact, including with regard to AFSJ-related policies

(a)

initiate forthwith the process of determining priorities for the forthcoming AFSJ multiannual programme for the period 2010-2014, on the basis of an ambitious and coherent approach, going far beyond ministerial thinking, and drawing its inspiration from the objectives and principles laid down in the Charter of Fundamental Rights of the European Union;

(b)

join Parliament in its dialogue with national parliaments on the priorities for the period 2010-2014, taking into account the problems encountered in implementing the Tampere and Hague Programmes, the work carried out within the Council and the European Council’s initial strategic indications regarding immigration, asylum and integration; with a view to completing this initial phase of dialogue at Parliament’s annual debate on the progress made in 2008 in the Area of Freedom, Security and Justice and with a view to a Commission communication subsequently being issued, on the understanding that it will be for the newly elected Parliament and the European Council to adopt the final programme at the appropriate time;

(c)

agree with Parliament a list of texts or proposals that could or should be adopted as a matter of priority before the Treaty of Lisbon enters into force and, at any rate, before the end of the current Parliamentary term;

(d)

make progress in negotiations on proposals for police and judicial cooperation (which will be subject to codecision) by seeking a political agreement with Parliament, and ensure that, once agreement is reached:

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defining more transparent criteria at Union level, in particular where EU measures might undermine guarantees protected under the constitutions of the Member States (Article 52 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)) and revising EU measures censured by the ECJ (see Cases T-228/02 Organisation des Modjahedines du peuple d’Iran v Council, T-47/03 Sison v Council, T-253/04 KONGRA-GEL and Others v Council, T-229/02 PKK v Council, on black lists),

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systematically taking account of the impact on fundamental rights of EU legislation and national implementing measures, in particular with regard to the fight against terrorism, taking account of the replies recently sent to the Commission in this area by the Member States,

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initiating the preparatory dialogues for the negotiating mandate for the EU’s accession to the ECHR (Article 6(2) of the EU Treaty),

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revising the programme of activities of the European Union Agency for Fundamental Rights, taking account of the priorities indicated by the institutions, and in particular by Parliament, in the area of police and judicial cooperation and respect for EU principles (Article 7 of the EU Treaty) (see the interinstitutional declaration adopted at the time of adoption of Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4)),

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putting forward a legislative proposal to restrict direct and indirect discrimination affecting the movement of citizens of the Union, access to justice in a country other than the country of origin and consular and diplomatic protection in third countries (Article 20 of the TFEU),

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submitting a proposal concerning the transparency and confidentiality of information and documents handled by the EU institutions,

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submitting a proposal concerning data protection (providing for the consolidation of measures that currently vary according to which pillar is concerned), in response to concern about the rapid erosion of data protection standards in the Union, with particular reference to inadequate standards for the protection of transatlantic data transfers, and urging the Council to adapt the Framework Decision on Data Protection in the third pillar in line with Parliament’s recommendations,

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strengthening the internal structures of institutions responsible for protecting fundamental rights in the Union, in particular within the Council (conversion of the Council’s Ad hoc Working Party on Fundamental Rights and Citizenship into a Standing Working Party, as proposed by the Slovenian Presidency),

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strengthening, through administrative cooperation (Article 66 of the EC Treaty), the dialogue between the Member States, mutual knowledge of legal systems, the activation of the dialogue procedure to involve national parliaments and Parliament, in particular where difficulties arise in the implementation of EU strategies and measures affecting the AFSJ;

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revising the legislative proposal on the rights of individuals in criminal procedure (Article 69 A TFEU),

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submitting a proposal on the rights of victims of crime and terrorism (Article 69 E TFEU),

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improving mutual recognition among the Member States both of measures taken in absentia and of evidence (Article 69 E TFEU),

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interconnecting criminal records,

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revising the status of Europol, Eurojust and the European Judicial Network in the light of the new legal basis,

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adopting appropriate measures to ensure the full entry into use of the second generation Schengen Information System (SIS II) and the entry into force of the decisions linked to the Prüm Treaty (5),

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strengthening Frontex and assessing the impact of the Commission’s new proposals for border controls,

—

strengthening Frontex’s information on the agreements which it has signed with third countries and on the evaluation reports on joint operations, and ensuring that border checks are respectful of human rights; amending Frontex’s mandate to include sea rescue operations,

—

establishing structured cooperation between Frontex and the United Nations High Commissioner for Refugees (UNHCR) to simplify the operations involved, taking into account the protection of human rights;

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swift and ambitious action by the Commission and the Council to drive the Union’s forward-looking strategy on:

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to be consulted in good time on all agreements with third countries that have not been concluded by 31 December 2008,

—

to receive regular updates on the negotiations under way,

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as a matter of urgency, that a debate be held on the external dimension of the AFSJ, as the Union is creating de facto police and judicial cooperation with third countries, notably the US, by means of bilateral agreements on a range of issues, thereby circumventing formal democratic decision-making procedures and Parliamentary scrutiny;