Policy paper

Decision pursuant to Article 10(5) of Protocol 36 to The Treaty on the Functioning of the European Union

Decision pursuant to Article 10(5) of Protocol 36 to The Treaty on the Functioning of the European Union.

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

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Article 10 (1) to (3) of Protocol 36 to Treaties (the Treaty on European Union and the Treaty on the Functioning of the European Union) introduced a transitional period of 5 years following the entry into force of the Lisbon Treaty on 1 December 2009 concerning all acts of the European Union in the field of police cooperation and judicial cooperation in criminal matters adopted prior to the entry into force of the Lisbon Treaty (‘the relevant former third pillar acquis’).

During this transitional period, the powers of the European Commission under Article 258 of the Treaty on the Functioning of the European Union are not applicable and the usual powers of the Court of Justice of the European Union do not extend, to the relevant former third pillar acquis.

As from 1 December 2014 these limitations will end, except where, under Article 10(2) of Protocol 36, an amendment to the measure has removed the measure from the scope of Article 10(1) of Protocol 36 and submitted the amended measure to the full powers of the Court of Justice and of the Commission earlier.

Published 3 July 2014