The legal position of framework decisions

Abstract

The framework decisions, as the central legal act under the “third pillar” are some of the most significant non-typical documents from a dogmatic point of view within the EU law. The differences and specialities of this legislative act, correlated with the EC Treaty are available not only in the lawmaking process, but in juridical supervision as well. The main goal of this paper is to show the dogmatic and practical aspects of these two perspectives. First of all it is necessary to predict, why the framework decisions are not products of classic public international law (according to the position of the German Federal Constitutional Court), rather than special documents, and do they consequently belong to a supranational system. The missing infringement procedure within the police and judicial cooperation in criminal matters makes the judicial control of the Member State’s effective enlargement extremely difficult. Secondly it is important to demonstrate the alternative methods of the ECJ, which is based on case law from the Court of Luxembourg, in the field of the directives. In this context the study will analyze the consequences of the important “Pupino” Judgment.