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MdxJd lopesfurto 6nqdoArnsl&io (Htors)

MA,' ALMEDINA

Tßaty a, U8öo.! - Conmerwy.Ir(ld 3 14fl1fl8 ls:aEl TFEU Arlicle 87

CHAPIER 5 POLICE COOPERAIION

ABT|Ctt 87 l. The IJnion shalt *tabtkh potice c\operati\n in'oobing all the Member states' comPetent authorities, including police, customs and othn specialised enforcement semices in relation to the pre'tention, detection dnd invest$tion of criminal ofences ' dccor- 2. For the purposes ofpatagraph l,the andthe Council, acting in dance with the ordinary legislatbe procedure,mal establish measures concerning: (a) the collection, storage, processing, ana$sk and exchange of rclnant information; and (b) supportfor the training of stafi, and cooperation on the exchange of staf, on equipment on research into cime-detection; (c) common iffiestigatil)e techniques in relation to the detection of serious forms of organßed crime. mea- 3. The Council, aAing in accordance with a special legislati'oe procedure, ma1 establish this Atticle. sures concerning operational cooperation between the authorities refened to in The Council shall act unanimously after consulting the European Parliament' least nine Member States ma1 In case of the absence of unanimity in the Council, a group of at procedure reque$;hat the draft measures be refenetl to the .ln that case,the in the council shall be suspended. After discussion, and in case of a consensus, the European Council shall, »ithin four months of this ntspension, refer the draft back to the Council for adoption. Wiihin the same timeframe, in case of disagreement, and if at least nine Member Stateswishto establßh on the basis of the draft measures concemed, thel shall notifl a case, the the European Parliament, the council and the commission auordingll. In such authorisation to proceed »ith enhanced cooperation refened to in Artkle 20Q) of the Treatl and the on European thnion and Article 329(1) of thk Tredt\ shdll be deemed to be granted provisions on enhanced cooperation shall app$. 'The applJ to specifc proceilure provided for in the second and third subparagraphs shall n1t aas which constitute a dewlopment of the .

Main related articles An. 3 (2) ofthe TEU; arts a (2), j),67,69 to76 and276 ofthe TFEU;arts 39to47,tnd92ro 119 ofthe Convention implementing the (CISA); Protocol 19 on the schengen ac4zls integrated into the framework of the European union; Protocol 21 on the position ofthe and Ireland in respect ofthe area offreedom, security and 10 ofProtocol 36 on transitional iustice; Protocol 22 on the position of ; Arts. 9 and provisions.

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Trealy ol Lisbon - Commentary.indd 499 16/11/18 15 03 TREATY OF LISBON

Main related secondary legislation

Council Framework Decision of13 fune 2002 on joint invesdgation teams; council Decision 2oo3ll70lJHA of 27 February 2003 on the common use of riaison officers posted abroad by the law enforcement agencies ofthe Member states (amended by Decision zoo6/s6o/ JAI); Regulation (EC) No 198/2006 ofthe European parliament and ofthe council and Decision 200/533/HA on the establishment, operation and use ofthe second generation Schengen Information system (srs II);council Framework Decision 2006/960/JHA on sim- plifying the exchange of information and intelligence berween law enforcemenr authorities ofthe Member states ofthe European union; council Decision 200g/6ls/lHA on the step- ping up ofcross-border cooperation, panicularly in combating terrorism and cross-border crime (incorporation ofthe Prüm Treaty into the legal framework ofthe European union); council Decision 2o08/6l7JHA on the improvement of cooperation between the special intervention units ofthe Member States ofthe European union in crisis situations; council Decision 2008/852IJHA on a conract-point network against corruption; Council Decision prevention 2009/9O2IJHA sening up a European Crime Network (EUCPN) and repealing Decision 2001/42/lHA; Council Decision 2009/796IJHA of 4 J,.e 2009 amending Deci- sion 2002l956lJHA setting up a European Network for rhe protecdon of public Figures; Regulation (EU) 20ls/2219 ofthe European parliament and ofthe council on the - pean Union Agency for Law Enforcement Training (CEpOL) and replacing and repealing council Decision 2005/68I/-IHA; Directive (EU) 20i6/6g0 ofthe European parliament and of the Council on the protection of natural persons with regard to the processing of per_ sonal data by competent authorities for the purposes ofthe prevention, investigation, detec- tion or prosecution of criminal offences or the execution of criminal penalties, and on the free movement ofsuch data, and repealing council Framework Decision zoog/g7llHA. Law 53/2008 on Internal Security (amended by Law 66-Al20og,Law s9l20ls and Decree- Law 49l2ol7);Law 7412009 (exchange of information; transposition ofthe council Frame- work Decision 2006/960llAt). Decree-Law 49lzo\7 (single poinr of contact concerning police cooperation and information exchange).

Jurisprudence ..pupino,,), Judgments of the Coun of lustice of 16.06.2005 (C- l0S/03, 31.01.2006 (C .,Kadi,,), 503/03, "Commission v. "), 3.09.2008 (C-402/OS p e C-4lSl05, 16.04.2015 (C-540/13 "European Parliament v Council"), 22.09.2016 (C_14/tS and C-116/lS, ,,Euro- pean Parliament v Council") and 25.0t.2017 (C-640/tS,,Vilkas,,); Judgement ofthe Court of First Instance (now the General Court), of 12.12.2006 (T-22gl02,,,Modjahedines,,).

0octrine

BELLUCCT, SrnnNrr-r,r, "Schengen: I-lEuropa senza frontirere e le nuove misure di cooper- azione rra polizie", Rome, 1999; BENyo\ foury "police co-operarion in : an invesri- 500

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