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European Union Committee - Thirteenth Report
EU police and criminal justice measures: The UK's 2014 opt-out decision

Here you can browse the report which was ordered by the House of Lords to be printed 16 April 2013.


Contents


Terms of Reference

Summary

Chapter 1: Introduction

The opt-out decision

Box 1: Text of Articles 10(1) to (4), Protocol (No 36) on transitional provisions

The Government's statement to Parliament on 15 October 2012

The Committee's inquiry

Chapter 2: Background

Box 2: Evolution of EU Justice and Home Affairs/Police and Criminal Justice cooperation

Early European cooperation

The Schengen Area

Treaty of Maastricht

Treaty of Amsterdam

Treaty of Lisbon

Opt-ins

Schengen opt-outs

Court of Justice of the European Union jurisdiction and Commission enforcement powers

Post-Lisbon police and criminal justice measures

The origins of Protocol

A decision for the UK alone

Chapter 3: The Government's consultation of Parliament and stakeholders regarding the opt-out decision

Statements regarding the possible exercise of the opt-out

The Government's analysis of the EU police and criminal justice measures

Consultation of Parliament

Consultation of the Devolved Administrations

Consultation of stakeholders

Review of the Balance of Competences between the UK and the EU

The UK's future role in the EU

Chapter 4: The Court of Justice of the European Union, the relationship between UK and EU Law, and the Commission

Background

The Court of Justice of the European Union and the European Court of Human Rights

Other international courts with jurisdiction over the UK

Democratic accountability and the rule of law

The UK's common law systems

A pan-European criminal law code?

"Judicial activism" and "unexpected judgments"

The judgments of the Court of Justice of the European Union

The drafting and application of the police and criminal justice measures

Concerns about caseload volume and delays

Post-Lisbon police and criminal justice opt-ins

Box 3: List of post-Lisbon police and criminal justice measures and the Government's participation

European public prosecutor

The Commission's enforcement powers and unimplemented police and criminal justice measures in the UK

Box 4: List of pre-Lisbon police and criminal justice measures that have not yet been implemented in full by the UK

Chapter 5: Alternative arrangments for cross-border cooperation

The need for cross-border police and criminal justice cooperation

Alternative arrangements for cross-border cooperation

Working under the old arrangements

Council of Europe Conventions

Table 1: Council of Europe Conventions, the equivalent EU measures, and their status

The role of the other Member States in facilitating alternative arrangements

The Frontex "model"

Box 5: The UK's involvement in Frontex

The Danish Justice and Home Affairs opt-out

Box 6: The Danish Justice and Home Affairs opt-out:

Protocol (No 22) on the position of Denmark

Chapter 6: The European Arrest Warrant

The benefits of the European Arrest Warrant

Criticisms of the European Arrest Warrant

Should the UK continue to participate in the European Arrest Warrant?

Reversion to the 1957 Council of Europe Convention on Extradition

Box 7: Differences between the Convention and the Framework Decision

The consequences for the UK of opting out of the European Arrest Warrant

Possible improvements to the operation of the European Arrest Warrant

Box 8: Sir Scott Baker's Extradition Review: the European Arrest Warrant recommendations

The prospects of amending the Framework Decision

Proportionality

Human rights

Minimum procedural rights for defendants

European Supervision Order

Chapter 7: What would be the consequences of leaving Police and Criminal Justice Measures?

"Defunct" measures

Harmonisation measures

Mutual recognition measures

EU agencies and measures encouraging cross-border cooperation

Europol

Eurojust

European Police College (CEPOL)

Joint Investigation Teams (JITs)

Measures concerning the exchange of information

Schengen Information System II (SIS II)

Exchange of criminal records/European Criminal Records Information System (ECRIS)

The Prm Decisions

Measures detrimental to the UK

Chapter 8: The procedure for rejoining particular police and criminal justice measures

The Procedure

Box 9: Text of transitional and financial provisions in Articles 10(4) and (5), Protocol (No 36)

Discussions with the other Member States

Rejoining particular police and criminal justice measures

How interconnected are the police and criminal justice measures?

Timing and transitional arrangements

If the opt-out is exercised which measures should the UK seek to rejoin?

The forthcoming proposals for Europol and Eurojust Regulations

The organisation of the vote in the House of Lords

Chapter 9: Should the Goverment exercise the opt-out?

The arguments for and against exercising the opt-out

The practical consequences of exercising the opt-out

Operational difficulties

Loss of influence

Financial consequences

The Irish dimension

Anglo-Irish cooperation on policing and criminal justice matters

The European Arrest Warrant

Should the opt-out be exercised?

Chapter 10: Summary of conclusions and recommendations

Appendix 1: List of members and declarations of interest

Appendix 2: List of witnesses

Appendix 3: Call for evidence

Appendix 4: EU police and criminal justice measures subject to the opt-out decision

Appendix 5: Summary of cases mentioned in evidence

Appendix 6: Statistics on the use of the EAW in the UK

Appendix 7: Publications concerning the opt-out decision

Appendix 8: Glossary

Evidence is published online at http://www.parliament.uk/hleuf and available for inspection at the Parliamentary Archives (020 7219 5314)

  

References in footnotes to the Report are as follows:

Q refers to a question in oral evidence.

Witness names without a question reference refer to written evidence.


 
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