Policy paper

JHA opt-in and Schengen opt-out protocols

Approach to EU Justice and Home Affairs, parliamentary scrutiny, annual report, past and upcoming decisions, and the code of practice.

Documents

Code of practice on scrutiny of opt-in and Schengen opt-out decisions in justice and home affairs matters

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Detail

The UK’s participation in EU legislation on Justice and Home Affairs (JHA) is principally governed by protocols 19 and 21 to the Treaty on European Union and the Treaty on the Functioning of the European Union, collectively often referred to as the Lisbon Treaty.

The background document covers:

  • an explanations of the protocols
  • the government’s approach to participation in EU Justice and Home Affairs (JHA) legislation
  • the scrutiny arrangements for decisions on participation in EU JHA legislation
  • the annual report to Parliament on the JHA opt-in

The decision document describes JHA (Title V) opt-in and Schengen opt-out decisions taken between 1 December 2009 and the present. It lists the 83 proposals, plus those the government is currently considering and those on which a decision is expected in the next few months.

The code of practice provides guidance for government officials on the handling of parliamentary scrutiny aspects of justice and home affairs opt-in and Schengen opt-out decisions. This code of practice outlines the actions government departments will take to ensure opt-in and Schengen opt-out decisions take into account the views of Parliament.

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