chapter  1
23 Pages

The Council

The Treaty of Amsterdam now appears to come as the prince who redeems Cinderella from her poor circumstances. The provisions on justice and home affairs introduced by the Maastricht Treaty did not provide for any policy objectives in the areas listed in Article K.1 Treaty of the European Union (TEU) which were only described as 'matters of common interest'. The major part of the newly communitarized areas of the old third pillar has been transferred into the new Title IV European Community (EC) on 'Visas, asylum, immigration and other policies related to free movement of persons'. One basic problem was that the instruments introduced by the Maastricht Treaty had been largely taken over from the Common Foreign and Security Policy with its emphasis on political 'positions' rather than the legal acts normally needed within the areas of justice and home affairs. As general-purpose instruments, 'decisions' could become the standard instrument for matters of limited scope requiring legal action.