Support Our Work Mailing list About / Contact
  • Home /
  • News /
  • 2017 /
  • November /
  • UK-EU: Home Office: information on Justice and Home Affairs opt-in and Schengen opt-out protocols

UK-EU: Home Office: information on Justice and Home Affairs opt-in and Schengen opt-out protocols

03 November 2017

Support our work: become a Friend of Statewatch from as little as £1/€1 per month.

UK-EU  
Home Office papers on Justice and Home Affairs opt-in and Schengen opt-out protocols: background, decisions taken and scrutiny code of practice
3.11.17
Follow us: | | Tweet

The UK Home Office has published three papers explaining the UK's opt-in to EU Justice and Home Affairs (JHA) measures and its opt-out on Schengen issues. These opt-ins and opt-outs were one of the ways in which the UK already had a 'special relationship' with the EU prior to the attempted renegotiations that took place before the Brexit referendum.

JHA opt-in and Schengen opt-out protocols(Home Office, link):

"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 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 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."

Documentation (pdfs)

See: Analyses by Steve Peers: The UK’s planned ‘block opt -out’ from EU justice and policing measures in 2014(October 2012, pdf) and: The UK opt-out from Justice and Home Affairs law: the other Member States finally lose patience (March 2014, pdf)

Search our database for more articles and information or subscribe to our mailing list for regular updates from Statewatch News Online.

Our work is only possible with your support.
Become a Friend of Statewatch from as little as £1/€1 per month.

 Previous article

UK: Young arrivers share common routes to immigration detention and face specific forms of harm

Next article 

UK: The hostile environment: woman reporting rape to police arrested on immigration charges

 

Spotted an error? If you've spotted a problem with this page, just click once to let us know.

Report error

Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: MayDay Rooms, 88 Fleet Street, London EC4Y 1DH. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.

About | Contact | Privacy Policy