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EU: Vetoes, Opt-outs and EU Immigration and Asylum law - Statewatch briefing - revised 8 November

01 November 2004

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The British media in particular have focussed on the extent to which the ‘Hague Programme’, the multi-annual programme for Justice and Home Affairs (JHA) law and policy approved by the EU summit meeting (European Council) on 5 November 2004, will change the current system for vetoes and opt-outs from EU immigration and asylum law, particularly for the UK. The purpose of this briefing, by Professor Steve Peers, University of Essex, is to outline:

a) the current extent of Member States’ national vetoes over EU immigration and asylum law;
b) the extent to which the UK (along with Ireland and Denmark) can ‘opt-out’ of EU immigration and asylum law;
c) the links between (a) and (b), especially for the UK, Ireland and Denmark;
d) the extent to which the ‘Hague Programme’ will affect the current position; and
e) the impact of the proposed EU Constitution on these issues.

An Annex to this briefing sets out the possible practical implications of the change in decision-making agreed as part of the Hague Programme for specific pieces of legislation.

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