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Britain's opt-out on EU police and crime laws raises eyebrows

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Published 25 October 2012, updated 26 October 2012

The UK's intended opt-out from EU cooperation on police and criminal matters will be the “elephant in the room” at the two-day meeting of EU justice and home affairs ministers beginning today (25 October), diplomats told EurActiv.

The meeting in Luxembourg will examine a proposal to set up an EU Civil Protection Mechanism in response to the growing number of displaced persons and asylum-seekers from Syria and the Western Balkans (see meeting's agenda).

But according to diplomats, the "elephant in the room" will be the UK's intention to opt-out from EU justice and crime cooperation laws.

Ministers will ask UK Home Secretary Theresa May to explain Britain's decision to repatriate powers from Brussels from the ever more integrated field of justice and home affairs (JHA).

May gave a speech in Parliament on 15 October announcing that the government intended to opt out from EU police and criminal justice measures, and then re-apply for those which it considers appropriate.

According to sources, the UK has problems with the European arrest warrant, the Schengen Information System, the participation to some EU agencies such as Europol, Eurojust and a few others.

The opt-out would make it more difficult for British police to conduct international investigations and convict criminals abroad. The Centre for European Reform, a British think tank, warned the decision would have "major implications" for Britain's security.

"If Britain uses this 'block opt-out', it will lose access to a raft of cross-border agreements and databases designed to help EU countries maintain security," Hugo Brady, senior research fellow at the CER, said in a recent policy paper.

The UK does not participate fully in EU justice cooperation and its participation is subject to certain conditions (see background). But May told MPs that under the terms of the Lisbon treaty, the UK government is required to decide whether it remains bound by EU police and criminal justice measures adopted prior to the entry into force of the Lisbon treaty.

She said the UK government is required under the treaty to reach a final decision by 31 May 2014, with that decision taking effect on 1 December 2015. In total, there are more than 130 measures within the scope of the decision to be considered at this stage, the minister explained.

Transition period

Article 10 of Protocol 36 of the Lisbon treaty foresees a five-year transition period in which EU jurisdiction over those measures does not apply. That ends on 1 December 2014 and the United Kingdom has the right six months before that change to decide if it wants to stay or pull out. The measure was negotiated back in 2007 by the then-Prime Minister Tony Blair.

May said another option was to pull out and re-participate in some specific EU police laws, claiming that some were “useful”, other “less so”, and some “entirely defunct”.

“So I can announce today that the government’s current thinking is that we will opt out of all pre-Lisbon police and criminal justice measures and then negotiate with the commission and other member states to opt back into those individual measures which it is in our national interest to rejoin,” the British minister said.

A Cypriot EU presidency source said Britain's intention of opting out of certain areas of JHA had not been officially communicated.

Next steps: 
EurActiv.com

COMMENTS

  • Eugh, they're only doing this to til up the electorate, ready for an IN/OUT referendum, there's no way she can get any powers back, even though it would be in the EUs interest, so it just bolsters the commitment of the majority of the public to have a referendum and leave.

    I can't wait, but will have to as none of the main parties are going to grant the British public a referendum.

    Vote UKIP!

    By :
    koffu
    - Posted on :
    25/10/2012
  • So Cameron is protecting "The City" from EU police action.

    When, not if, Britain takes an exit a source of much tension will vanish and the EU can get down to the business of centralizing those powers that are needed to ensure the remaining member states can be kept competing in constructive ways; i.e. play by rules made, known and agreed to in advance.

    By :
    david tarbuck
    - Posted on :
    26/10/2012
  • Yet another badly negotiated treaty by Blair and his labour cohorts. It is worth coming out just to sort out The European Arrest Warrant which does British citizens no favours.

    David Tarbuck, glad to see you support the majority of UK voters. Like you I agree that when a relationship is broken it is best to part on good terms.

    George Mc

    By :
    George Mc
    - Posted on :
    26/10/2012
  • Statewatch has posted useful, detailed articles about this, by Prof Steven Peers

    http://www.statewatch.org/analyses/no-199-uk-opt-out.pdf
    http://www.statewatch.org/analyses/no-168-eu-uk-opt-out.pdf
    http://www.statewatch.org/news/2009/jun/uk-ireland-analysis-no-4-lisbon-opt-outs.pdf

    It is interesting to read the English Bar Council response to this
    http://www.barcouncil.org.uk/media-centre/news-and-press-releases/2012/october/bar-council-calls-for-consultation-on-government-plans-to-opt-out-of-eu-criminal-justice-measures/
    ... the UK's opt out can only relate to measures established before the Treaty of Lisbon came into force in 2009...

    By :
    Henry
    - Posted on :
    30/10/2012
  • The European arrest warrant is indeed not necessary for the UK. Also the Schengen Information System has not a big relevance for the UK (UK is not a member of Schengen so not Ireland). Europol should have some relevance for the UK, therefore, the Secretary of State should be more specific to the public. It would be helpful to the public if the Secretary of State would explain which of the 130 measures should remain in place and which not and why. This British policy, if applied reasonable, should and will not damage the British position within the EU. Furthermore, the UK plays by the rules.

    By :
    Michael Ch D Rabicano
    - Posted on :
    30/10/2012
  • Another disturbing behaviour of the UK. Why do not the UK simply pull out of the EU entirely?

    By :
    Paul
    - Posted on :
    31/10/2012
  • Totally agree with Paul, how come after trying everything they could to stay out of the EU, the british have got in and are for 40 years trying everything they can to opt-out? If Britain really could get out, they'd have already left for a very long time. The thing is they can't.. so they moan endlessly but that's about everything they do, and will do for many more centuries to come!

    By :
    UKskeptic
    - Posted on :
    31/10/2012
  • @ Paul posted Another disturbing behaviour of the UK. Why do not the UK simply pull out of the EU entirely? unquote.

    Disturbing? really! Please do explain. Why not pull out of the EU entirely? I think Paul you will find that could be on the cards.

    UK-septic said The thing is they can't. so they moan endlessly but that's about everything they do, and will do for many more centuries to come! unquote

    Get a grip dear, this post is about whether we should take part in " EU justice and crime cooperation laws" which we have a right to opt out from, as per the Lisbon Treaty. It is not about whether we stay in the EU or whether we negotiate with the EU terms and conditions which more reflect the wishes of the British people. Most UK posters on these forums will be aware of UK-septic's Rabid views towards the UK and USA. I don't know what he has been smoking but his views as to whether we can or can't leave the EU are just that one persons view. It will of course be the British people who will in the end decide without any assistance from across the channel.

    George Mc

    By :
    George Mc
    - Posted on :
    31/10/2012
  • George, Ridiculous! English people can choose to be longer fooled on as they've already been for 40 years, staying out to then get in and then stay in to choose opting out there or there... you just try your best to look like out, just in... that only proves you have no choice but to stay locked in dependancy, whatever you fancy believing.

    By :
    UKskeptic
    - Posted on :
    31/10/2012
  • @UKskeptic has commented on: "Britain's opt-out on EU police and crime laws raises eyebrows":

    "George, Ridiculous! English people can choose to be longer fooled on as
    they've already been for 40 years, staying out to then get in and then stay
    in to choose opting out there or there... you just try your best to look like
    out, just in... that only proves you have no choice but to stay locked in
    dependancy, whatever you fancy believing.

    I have read this post three times and I have lost the will to live trying to understand it. Can you post in French and I will use Google translate to see I can make more sense of it - thank you

    George Mc

    By :
    George Mc
    - Posted on :
    31/10/2012
  • It's difficult to explain, I have to say:

    1. UK stays out
    2. UK gets in
    3. UK opts-out
    4. UK get out...

    don't you feel sort of blocked somehow? What's next?

    By :
    UKskeptic
    - Posted on :
    01/11/2012
  • @UKskeptic

    "It's difficult to explain, I have to say:

    1. UK stays out
    2. UK gets in
    3. UK opts-out
    4. UK get out...

    don't you feel sort of blocked somehow? What's next?

    Well Ukskeptic that’s 3 x Outs versus 1 x In so that's not promising for the UK Europhiles.
    The next EU meeting will be about the 2014-2020 budget. I would love to be a fly on the wall as it is going to be an excellent Bun fight.

    The UK Government tonight lost a vote in the House of Commons where an advisory vote said that not only should the budget be frozen but it should be cut. Labour opportunist MPs joined with Eurosceptic Conservatives and the Democratic Unionist Party MPs(Northern Ireland). On Europe Mr Cameron is between a rock and a hard place from now on. It will however be interesting to see how Labour react, as they are mainly pro Europe, but as demonstrated today would sell their beliefs it they thought it would get them elected.

    You ask what is next? Well UKskeptic (or is it Mathias?) maybe the best way forward for the UK is to flatten the decision making process and return decisions like law and order, border control, human rights, fishing and agriculture, banking etc. etc. to the national level. If our friends in Europe are not prepared to allow this under the rules then let us negotiate in the friendliest possible way a new agreement or our exit from the EU. Under Article 50 of the Lisbon Treaty, the EU is required to negotiate an alternative deal with any state that gives notice of its intention to leave.

    I can see how difficult this will be for Europe as they need to move forward and sort their problems. The introduction of the Euro was mismanaged from its inception and to fix it will require banking and political union. Many in Britain feel threatened by this and fear what may become of them if they get swallowed up and diluted in a Federal state which has 500 million heading to 600 million people.

    I hope that the negotiations will allow us to have a Semi Detached relationship with the EU. We can always rejoin EFTA but I am quite interested in the agreement that Switzerland has. They are in EFTA but their electorate rejected EEA membership on a referendum and they have a stand alone agreement with Brussels. I have yet to be bothered to check it out, but I believe that they don't pay huge amounts of money to Brussels either.

    In the past the British Government could have ignored this problem and hoped that it would go away. This time I feel a hardening of attitudes when I talk with people and It is my view that it will have to come to a head one way or another!

    Now I know that you will be concerned with this poor attitude and wish to interogate us as to what the future really holds. Please don't worry we will go forward in our own very British way.

    George Mc

    By :
    George Mc
    - Posted on :
    01/11/2012
  • Complete dreamer then.

    1. staying out
    2. getting in efta
    3. getting in
    4. opting out
    5. getting out
    6. getting in Efta again... and then?

    eventually becoming Switzerland (in Schengen)? And then? That's all about your Euroskeptic discourses about independance for 50 years? Lot of waist...

    That's just total dependency. You're turning in circles. Maybe a very british way but that doesn't change anything. You are getting thrills out of all these summits and speeches for nothing. Just for becoming switzerland towards Europe in fact, and by the way maybe make a bit of savings? You would even go so far that thanks to your exit article in the treaties, Britain is going to be placed in a favorable position negociating a partnership with the single market just being leaving it? Where are you going?

    I'm not sure the ukip will vote yes for a remake of Efta-Switzerland instead of the EU, especially in the name of independance. It must give the british voters headakes!

    By :
    UKskeptic
    - Posted on :
    01/11/2012
  • In fact the british are spending the whole dinner at the hotel complaining about the bed in the room, the view from the terrasse, the service at the reception and finally they leave outraged, refusing to spend any minute longer in such a place to come back the next day and ask if it's ok for them to sleep in the stables?

    By :
    UKskeptic
    - Posted on :
    01/11/2012
  • Is Switzerland less diluted among 500 milion people than EU members?

    By :
    UKskeptic
    - Posted on :
    01/11/2012
  • UKskeptic,

    Is Switzerland less diluted among 500 million people than EU members?

    Yes UKskeptic, absolutely. The EU is a big trading club for them but they retain their independence and sovereignty.

    However before you get too excited remember what it is that you want us to retain membership of:

    1. A club where 17 of the 27, the Euro area, account for 71% of the unemployed.
    2. A Euro area where the debt to GDP ratio is 90%.
    3. A Euro area where they have been walking a very high tight rope wire, hoping that it is going to be okay without a safety net.
    4. A Euro area that is waiting for Merkel to get re elected before she has the courage to tell the German people that she is going to back all the “basket case” countries like Spain and Italy.
    5. Will Germany back the ECB?

    6. Or UKskeptic is she being very German and keeping her cards close to her chest while she decides whether to dump the whole project and resurrect the D mark?
    7. Or will the markets lose patience before the German elections and break the ECB for you?

    If 6 happens will the Euro and the EU survive?
    If 7 happens will the EU survive?

    None of the above would be particularly helpful for the UK but I feel we will in the long term be better out of club.

    George Mc

    By :
    George Mc
    - Posted on :
    02/11/2012
  • 1. the Eurozone is more than 75% of the EU's GDP and population. So your figures seem rather to show unemployment is worse outside the Eurozone if the latter only has 70% of EU's unemployment.

    2. The UK's public debt is exploding as not many EU members for the last couple of years. So far Britaoin doesn't seem like a particular example of public money managment. Anyway the british are privatly a lot more in debt (world record over 300% GDP) than the much safer french and german saving mentality (less than 100%).

    3. it's always been working step by step.

    4./5./6. Out of the Eurozone, Germany's over-expensive Deutschmark would completly destroy their exporting industries, and overboost their competitors in the Eurozone which would rejoyce to become so much cheaper. So it's a worse case senario for the german economy (the best one for their neighbours).

    Germany not "backing all the basket-case countries like Spain and Italy", as you say, would also be lethal for Berlin, as most of german buisness is made within the Eurozone (ask the german banks what they think about abandoning south Europe and not transfering the money eventually, as they always have done, whatever the paroquial discussions in the Bundestag each times before...

    About 6. and 7. happening: The Euro's demise has already been predicted several times in your country but so far never followed of success ... I'm sure by the way, you already were questioning the EU's survival before the current financial crisis happened and therefore before every recent events (still unsolved) you refer to in your points 1., 2., 3., 4., 5., 6., and 7 relying on the late few years interrogations. Statistically if you are still announcing the collapse of the Euro once again, it's rather a good sign for the coming future of the single currency.

    By :
    UKskeptic
    - Posted on :
    02/11/2012
  • Should I also remind you that despite the 150 milion PIGS (plus slovakia, slovenia, estonia...) the Eurozone alltogether with the resting 150 milions (france Germany austria benelux and Finland) is still significantly richer per inhabitant than the UK which also has big disparities between south east england and regions around Liverpool / Leeds or Cornwalls (not much better looking than slovakia... therefore the Eu subsides them the same!)

    By :
    UKskeptic
    - Posted on :
    02/11/2012
  • Finally, the hypothetical consequences of a Euro collapsing might be as destructive for the UK and the City, if not more than in continental economies. Don't worry, everything will be fine.

    By :
    UKskeptic
    - Posted on :
    02/11/2012
  • @UKskeptic, quote

    1. the Euro zone is more than 75% of the EU's GDP and population. So your figures seem rather to show unemployment is worse outside the Euro zone if the latter only has 70% of EU's unemployment.
    Unquote

    The EU population is about 502 million with the Euro Zone being 333 million which is 66% of the total. I say again that the Euro zone accounts for 71% of the over 25 million unemployed.

    You say Quote
    The UK's public debt is exploding as not many EU members for the last couple of years.
    Unquote
    For your assistance I quote the latest debt to GDP figures that I can find for Quarter 1 2012.
    UK 86.4%
    France 89.2%
    Germany 81.6%
    Italy 123.3%
    Spain 72.1% (surprisingly)

    I think UKskeptic that you are like a politician and like a little licence to embellish so don't believe all the deep and dark websites that you visit. Try and stick to the better Newspapers and official sites.

    You say quote
    3. it's always been working step by step.
    Unquote

    UKskeptic that will be fine then, the markets will wait another 2 or three years. The Euro zone is a real dynamic club then?

    You say quote
    The Euro's demise has already been predicted several times in your country but so far never followed of success.. unquote

    This is really hard to handle UKskeptic, let me tell you why. When the Euro was launched Politicians, Economists and Business people said “We think there is a structural problem here” and someone (I can't remember who) explained for simple people like as follows:

    It is like all your neighbours deciding that they get on so well that they will all use the same Bank Account. They all pay their salary in to this bank and as they earn very different amounts of money and have many ranges of personal debt they agree not to take out more than they earn. Some of the neighbours get a bit carried away at Christmas Time and take holidays outside their earning potential. At the end of the year the Bank Manager writes to them all to inform them that they are so badly overdrawn that they must pay it all back immediately, sell their houses and close the account.

    Now UKskeptic please excuse my overly simplistic little explanation but can you tell me how this is substantially different from what the Euro Zone has done. So please excuse all those Brits who said it would all end in tears. The trouble is we are fast running out of Kleenex tissues (only the best for you) and need the Euro Zone to extract their collective fingers as their collective incompetence has affected more than just the Euro Zone. I also feel that this is a good enough explanation as to why many of us wish to leave the EU. After all if after 50 years all we have to show for the project is potential bankruptcy then it could be a good time to sail off around the world to engage with others about future business, with the 8 billion £pounds sterling neatly tucked into our hip pocket to help grease the great causes of business.

    You say quote
    Should I also remind you that despite the 150 milion PIGS (plus slovakia, slovenia, estonia...) the Eurozone alltogether with the resting 150 milions (france Germany austria benelux and Finland) is still significantly richer per inhabitant than the UK which also has big disparities between south east england and regions around Liverpool / Leeds or Cornwalls (not much better looking than slovakia... therefore the Eu subsides them the same!)

    UKskeptic you are an 'I' missing it should be PIIGS and I suspect that that one is Italy which really is the Elephant in the room.

    The UK like many countries has areas of the country which are not doing as well as others but I am not sure what you mean by the EU subsidising them all as we are a net contributor so any subsidy is just us getting our own money back.

    George Mc

    By :
    George Mc
    - Posted on :
    02/11/2012
  • UKskeptic is a compulsive poster - who else posts 3,4 times in a row without intervening comment? Is he some unhinged loner? Fact & fiction are freely mixed and put forward as truth, typical of the type.

    Also his English comprehension is such that no one else understands him clearly; my French and Italian are fluent but I wouldn't be so presumptious as to have a written debate in either. Many of his posts are absolute giberish.

    Finally he can only be described as a pure anglophobe ranting on about anything that detracts from anything good, like some far right polemic on immigration. The guys not worth bothering with - other pro EU contributors do at least put forward clear and lucid points so we can all have a sensible discussion.

    By :
    Charles_M
    - Posted on :
    03/11/2012
  • @ Charles_M

    Your Post on UKskeptic. You have summed up correctly the situation! I will resist the temptation to engage in the future. Many thanks

    George Mc

    By :
    George Mc
    - Posted on :
    03/11/2012
  • Charles_M: I'm not an Anglophobe. I'm merely a European citizen pointing out in no uncertain terms that your country is in a confused situation and it's starting to get heavy and embarrasing for everyone concerned. If this reality is insulting to you then stop wallowing in passive euro-obsessive limbo and change it, if you can. Or change the record.

    I find that your level is below the belt, are all upright English thinkers that impolite? Why would you bother talking about me personaly among these article comments? Perhaps I should be flattered but I'm afraid this is of very little importance regarding uk/EU relationships, however interesting you may find my own person to talk about. It shows your total lack of decent content to come up with in relation to my arguments and to the subject at hand.

    If you had the courage of your own convictions, you'd either write about them or not bother writing at all. But speculating as you do on the personality of a poster you disagree with is just meaningless. Why would anyone do that, unless for lack of anything better to say? Focus on the EU if you actually have a case against it to share.

    By :
    UKskeptic
    - Posted on :
    04/11/2012
  • I think that it is worth pointing out that Charles_M is indeed a Europhile as can be seen on many threads. Whether you agree with him or not, he manages to engage with others in an intelligent manner.

    Read his posts and then read the posts of those who would criticize him and come to a conclusion.

    George Mc

    By :
    George Mc
    - Posted on :
    04/11/2012
Theresa May
Background: 

The field of justice and home affairs (JHA) is probably the policy area where the Treaty of Lisbon has had most impact.

The treaty abolished the 'pillar structure' of EU legislation. Matters which were previously dealt with under the third pillar, such as judicial cooperation in criminal matters and police cooperation, are now treated under the same kind of rules as those of the single market.

Consequently, EU and national measures in these areas will be subject to the judicial review of the Court of Justice.

At the same time, many JHA areas moved from the consultation procedure with unanimity in the Council and only consultation of the European Parliament (EP) to the ordinary legislative procedure with qualified majority voting (QMV) in the Council and full co-legislative powers of the EP (formerly co-decision procedure).

Denmark, the United Kingdom and Ireland do not participate fully in the implementation of certain measures relating to the fields of JHA or that their participation is subject to certain conditions [more].

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