Ministry of Justice measures in the JHA block opt-out. Vol 1: Report, together with formal minutes and oral evidence relating to the report Vol 2: Additional written evidence

Author (Corporate)
Series Title
Series Details (2013-14)HC 605-I/II
Publication Date 2013
ISBN 978-0-21-506340-3 (Vol I)
Content Type

This report, published on 31 October 2013, examined how the UK Government struck a reasonable balance in the way it planned to exercise its right to opt-out of pre-Lisbon Treaty EU policing and criminal justice measures, but criticised the way it had engaged Parliament in the decision-making process as being badly handled and 'cavalier'.

The report considered that the Government left the Commons Select Committees far too little time to assess the reasons for their decisions on EU justice opt-ins and did not provide the full impact assessment which was needed. The Committee agreed with the Government's plans to seek to opt back into seven of the sixteen measures and not to opt into a number of others.

The Committee raised questions about the Government's intention not to opt back into two specific instruments: the Probation Measures Framework Decision and the Framework Decision on the settlement of conflicts of jurisdiction.

The report also called on the Government to provide an assessment of the effect of the extension of the jurisdiction of the Court of Justice of the European Union, over the measures covered by the opt-out.

The Committee agreed with the Government's proposal to seek to rejoin decisions on data protection in policing and criminal justice, and on a data protection secretariat but said that the arguments were more finely balanced in relation to the Framework Decision on settlement of conflicts of jurisdiction.

Source Link
Related Links
UK: House of Commons: Justice Committee: 8th Report (2013-14)HC 605
UK: HM Government: Decision pursuant to Article 10 of Protocol 36 to The Treaty on the Functioning of the European Union, July 2013 (Cm 8671)
UK: House of Common: Justice Committee: 8th Report (2013-14)HC 605

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