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der a declaration for their number to be increased from 8 to 11 on a request by the Court of Justice. 5
B. Changes in relation to the jurisdiction of the Court of Justice of the European Union
Areas
The pillar structure introduced by the Maastricht Treaty will disappear. That being the case, the jurisdiction of the Court of Justice of the European Union will extend to the law of the European Union, unless the Treaties provide otherwise. 6
Thus, the Court of Justice will acquire general jurisdiction to give preliminary rulings in thehttps://www.51lunwen.org area of freedom, security and justice, as a result of the disappearance of the pillars and the repeal by the Treaty of Lisbon of Articles 35 EU and 68 EC which imposed restrictions on the jurisdiction of the Court of Justice.
First, as regards police and judicial cooperation in criminal matters, 7 the jurisdiction of the Court of Justice to give preliminary rulings will become binding and will no longer be subject to a declaration by each Member State recognising that jurisdiction and specifying the national courts that may request a preliminary ruling. Under the Treaty of Lisbon, the field of police and criminal justice will become part of the general law, and any court or tribunal will be able to request a preliminary ruling from the Court of Justice. Transitional provisions nevertheless provide that that full jurisdiction will not apply until five years after the entry into force of the Treaty of Lisbon. 8
Second, as regards visas, asylum, immigration and other policies related to free movement of persons 9 (in particular, judicial cooperation in civil matters, recognition and enforcement of judgments), any national court or tribunal – no longer just the higher courts – will now be able to request preliminary rulings, and the Court will have jurisdiction to rule on measures taken on grounds of public policy in connection with cross-border controls. Consequently, the Court of Justice will have general jurisdiction in this area from the date of entry into force of the Treaty of Lisbon.
In addition, the Charter of Fundamental Rights 10 of the European Union will have the same legal value as the Treaties. 11 It will form part of the body of constitutional rules and principles by reference to which the Court of Justice can adjudicate. However, the Charter cannot be invoked against the United Kingdom or Poland, which are covered by a derogation, 12 the effect of which is that the Charter will not extend the ability of the Court of Justice or of any court or tribunal of those two Member States to find that laws, regulations or administrative provisions, practices or action are inconsistent with the fundamental rights or principles that it reaffirms. The Heads of State and
5 Declaration No 38 on Article 252 TFEU of the Treaty on the Functioning of the European Union regarding the number of Advocates General in the Court of Justice.
6 Article 19 TEU.
7 Formerly Title VI of the EU Treaty.
8 Article 10 of Protocol No 36 on transitional provisions. It is provided that, as a transitional measure, the powers of the Court of Justice are to remain the same with respect to acts in the field of police cooperation and judicial cooperation in criminal matters which have been adopted before the entry into force of the Treaty of Lisbon. This transitional measure is to cease to have effect five years after the date of entry into force of the Treaty of Lisbon.
9 Formerly Title IV of the EC Tre