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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