Framework decisions
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With the entry into force of the Treaty of Amsterdam, these new instruments under Title VI of the European Union Treaty (Police and Judicial Co-operation in Criminal Matters) have replaced joint action. More binding and more authoritative, they should serve to make action under the reorganised third pillar more effective.
According to Article 34(2) of the EU Treaty, framework decisions are used to approximate (align) the laws and regulations of the Member States. Proposals are made on the initiative of the Commission or a Member State and they have to be adopted unanimously. They are binding on the Member States as to the result to be achieved but leave the choice of form and methods to the national authorities. A framework decision resembles more or less a directive adoped under Article 249 of the EC Treaty. It is likewise subject to judicial review by the European Court of Justice(See Case C-176/03 the Commission vs. the Council).
With the abolition of the third pillar, which is provided for by the European Constitution currently being ratified, the framework decisions currently in use will disappear and be replaced by European laws and framework laws.
