EU Police and Justice Cooperation: Implications of a UK Opt-Out

• In Event: International Law, Policing and Security

Abstract

This presentation analyses UK involvement in EU police and justice cooperation and in particular the possible downsides of a UK opt-out with regard to the Lisbon Protocol 36. Article 10(4) of this Protocol provides that the UK may, at any time up to 31 May 2014, choose not to accept the jurisdiction of the Court of Justice of the European Union and the enforcement powers of the Commission in relation to these pre-Lisbon measures. In the event of an opt-out, all former policing and criminal justice instruments adopted under the 'third pillar' that have not been amended, repealed or replaced since the entry into force of the Lisbon Treaty will cease to apply to the UK.
The presentation provides an overview of police and justice cooperation strategies regulated by EU legislation and in particular mechanisms employed between the UK and other EU member states that would be affected by the opt out. Two particular areas covered are the UK participation in Joint Investigation Teams (JITs) and justice cooperation through the European Arrest Warrant. It will be discussed whether the opt-out would put a complete stop to such cooperation or whether police and justice officials would continue to engage informally.

Author

• Saskia Hufnagel, Queen Mary University of London