Guidance

The 2014 decision

The 2014 decision

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Before 31 May 2014, the government must decide whether the UK will:

  • accept European Court of Justice jurisdiction and European Commission enforcement powers over all ‘third pillar’ justice and home affairs measures adopted prior to 1 December 2009, or to

  • opt out of these measures (‘the 2014 decision’)

This decision is pursuant to Article 10(4) of Protocol 36 of the Lisbon Treaty. If the UK does choose to opt out of all such measures, it is allowed to apply to rejoin individual instruments at any time thereafter.

The measures within scope of the 2014 decision range from the European arrest warrant and Europol, to setting out minimum standards that the UK has long since met. A full list (with an outline of each measure) is available in the attached PDF.

On 15 October 2012, the Home Secretary announced that 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. The government has committed to take a vote in both the House of Commons and the House of Lords before making a final decision. You can read the statement on parliament.uk under European Justice and Home Affairs Powers (15 October 2012:Column 34).

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