EU Police and Criminal Justice Measures

EU Police and Criminal Justice Measures
Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
Total Pages: 154
Release: 2013-04-23
Genre: Law
ISBN: 9780108550652

The report EU Police and Criminal Justice Measures: The UK's 2014 Op-out Option (HL 159) examines the consequences to the UK should the Government choose to opt-out of approximately 130 EU police and criminal justice measures, that were adopted before the Treaty of Lisbon in 2009. The European Arrest Warrant (EAW) is the single most important pre-Lisbon police and criminal justice measure and, if the Government decides to exercise the opt-out, the Committee recommends that it should opt back in to the EAW immediately, to avoid any gap in its application. The Committee also expresses particular concern about the potential impact that the opt-out, including the loss of the EAW, could have on efforts by the UK and Ireland to effectively tackle cross-border crime, and does not believe that possible alternatives to the EAW would be adequate. The Committee concludes that the Government has not made a convincing case to opt-out and that to do so would h

House of Lords - European Union Committee: Follow-Up Report on EU Police and Criminal Justice Measures: The UK's 2014 Opt-Out Decision - HL 69

House of Lords - European Union Committee: Follow-Up Report on EU Police and Criminal Justice Measures: The UK's 2014 Opt-Out Decision - HL 69
Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
Total Pages: 70
Release: 2013-10-31
Genre: Business & Economics
ISBN: 9780108551437

This report concludes that the Government should seek to rejoin the 35 measures that have already been identified, but that it should also seek to rejoin an additional set of measures: implementing measures related to Europol's continued operation; the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law; the European Judicial Network; the European Probation Order; and the Convention of Driving Disqualifications. The Government has still not dealt with earlier reports' conclusions about the Court of Justice of the European Union (CJEU) and its jurisdiction. What is more, the Government's general approach to the CJEU is not consistent with its decision to opt back into many other post-Lisbon police and criminal justice measures. The Government also needs to work flexibly with the European Commission in order to avoid any gaps in the application of the measures the UK will seek to rejoin. For example, we must ensure that rejoining the European Arrest Warrant is water-tight well in advance of the opt-out taking effect, to prevent problems for our criminal justice system. The report also recommends that the Government conduct a review of the impact of the opt-out decision three years after it has taken effect, and report its conclusions to Parliament

House of Commons - Home Affairs Committee: Pre-Lisbon Treaty EU Police and Criminal Justice Measures: The UK's Opt-In Decision - HC 615

House of Commons - Home Affairs Committee: Pre-Lisbon Treaty EU Police and Criminal Justice Measures: The UK's Opt-In Decision - HC 615
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
Total Pages: 120
Release: 2013-10-31
Genre: Law
ISBN: 9780215063410

This report is the Home Affairs Committee's response to the House's invitation of 15 July 2013, together with the Justice and European Scrutiny Committees, to submit a report by the end of October 2013 relevant to the exercise of the block opt-out of pre-Lisbon Treaty EU police and criminal justice measures, before the start of negotiations between the Government and the European Commission, Council and other EU member states on measures which the UK wishes to rejoin following exercise of the block opt-out. The Government has given notification of its intention to exercise the block opt-out. Its right to do so, and the conditions attached to the exercise of that right, are contained in Article 10 of Protocol 36 annexed to the EU Treaties. The block opt-out covers 130 EU police and criminal justice measures which had been adopted prior to 1 December 2009, the date of the entry into force of the Lisbon Treaty. The Committee has also set out: (i) That there are many problems with the European Arrest Warrant, in its existing form, in particular that it is on a system of mutual recognition of legal systems which in reality vary significantly; (ii) The Committee welcomes and supports the Government's reform package for the arrest warrant; (iii) The Committee recommends separate votes on the arrest warrant to the rest of the opt-in package at an early stage to provide a parliamentary mandate for the Government's negotiations.; (iv) The Committee concludes that if the Government proceeds with the opt-in as proposed, it will not result in any repatriation of powers. Indeed, the increased jurisdiction of the European Court of Justice may result in a net flow of powers in the opposite direction.

The 2014 Block Opt-Out

The 2014 Block Opt-Out
Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee
Publisher:
Total Pages: 23
Release: 2013-03-22
Genre: Criminal law
ISBN: 9780215055415

In September 2012, the Prime Minister announced that the Government intended to exercise the right conferred exclusively on the UK by the Lisbon Treaty to opt out of EU criminal law and policing measures adopted before that Treaty entered into force on 1 December 2009. 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 that it is in our national interest to rejoin. This report aims to set out, once again, the information the Government should provide to ensure genuine engagement with Parliament in the process leading up to the Parliamentary vote on the UK's block opt-out. The Government's decision on the block opt-out will have potentially far-reaching implications. It will affect UK citizens who may be sought for, or involved in, criminal proceedings in another EU Member State and how suspects who have fled abroad are brought to justice in the UK. Above all, it will affect the way in which Government seeks to ensure public safety and security while protecting its citizens' freedoms. The Government has not only failed to satisfy requests for timely information, but has also failed to meet its own deadlines for the provision of its Explanatory Memoranda and to provide any reasonable justification. The delay is unacceptable and irreconcilable with the Government's professed commitment to enhanced Parliamentary scrutiny of EU justice and home affairs matters

The End of the Transitional Period for Police and Criminal Justice Measures Adopted Before the Lisbon Treaty

The End of the Transitional Period for Police and Criminal Justice Measures Adopted Before the Lisbon Treaty
Author: Valsamis Mitsilegas
Publisher:
Total Pages: 42
Release: 2014
Genre: Criminal justice, Administration of
ISBN: 9789461384348

This study examines the legal and political implications of the recent end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special 'opt out/opt-in' possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the powers if scrutiny by the European Commission and Luxembourg Court of Justice over Member States' implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising 'over-flexible' participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls on the European Parliament to request the UK to opt into EU Directives on suspects' procedural rights as a condition for the UK to 'opt back in' measures like the European Arrest Warrant.

House of Commons - European Scrutiny Committee - HC 683

House of Commons - European Scrutiny Committee - HC 683
Author: Great Britain: Parliament: House of Commons: European Scrutiny Committee
Publisher: The Stationery Office
Total Pages: 200
Release: 2013-11-07
Genre: Law
ISBN: 9780215063465

This is an assessment of each of the 129 measures subject to the United Kingdom's block opt-out, including the European Arrest Warrant. This is an area of policy which is highly legally complex and politically sensitive. Yet the Government has failed to provide the information Parliament needs to scrutinise these measures properly. There are two sets of conclusions in the Report: first, the Committee asks detailed follow-up questions on a number of the measures in question, including the European Arrest Warrant. Second, the Government's overall approach is thoroughly analysed. The Committee sees signs of incoherence in Government policy - probably a consequence of coalition politics - and observes that several of the explanations for the 35 measures the Government wants to rejoin appear to have been written as if the Government was not intending to rejoin them, and vice versa. The Committee concludes that the House must be given the opportunity to vote on each of the measures the Government proposes to rejoin before formal negotiations with the European Commission and Council begin

European Union Law

European Union Law
Author: Catherine Barnard
Publisher: Oxford University Press
Total Pages: 977
Release: 2017
Genre: Law
ISBN: 0198789130

Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.

Sovereignty and the Law

Sovereignty and the Law
Author: Richard Rawlings
Publisher: Oxford University Press (UK)
Total Pages: 369
Release: 2013-11
Genre: Law
ISBN: 0199684065

Grounded firmly in the disciplines of law, this collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. The collection as a whole illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea.

HM Government: Serious Organised Crime Strategy - Cm. 8715

HM Government: Serious Organised Crime Strategy - Cm. 8715
Author: Great Britain: Home Office
Publisher: The Stationery Office
Total Pages: 80
Release: 2013-10-07
Genre: Law
ISBN: 9780101871525

This is a new strategy to deal with the challenges we face from serious and organised crime. It is published to coincide with the launch of the new National Crime Agency (NCA) and reflects changes to the threats faced and the lessons learned from previous work. Organised crime includes drug trafficking, human trafficking, and organised illegal immigration, high value fraud and other financial crimes, counterfeiting, organised acquisitive crime and cyber crime. The aim of the strategy is to substantially reduce the level of serious and organised crime affecting the UK and its interests. The strategy uses the framework developed for our counter-terrorist work and has four components: prosecuting and disrupting people engaged in serious and organised crime (Pursue); preventing people from engaging in this activity (Prevent); increasing protection against serious and organised crime (Protect); and reducing the impact of this criminality where it takes place (Prepare). The strategy lists strategic objectives under each of the four areas of work. Tactical operational objectives (e.g. priority crime groups) will be set by the NCA with law enforcement agency counterparts. Our immediate priority is the work set out under Pursue to prosecute and relentlessly disrupt organised criminals and reduce the threat they pose. Like other threats to our national security, serious and organised crime requires a response across the whole of government, and close collaboration with the public, the private sector and with many other countries