Border agency (EU border police)

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Proposal from Commission (COM (2003) 687, 11 Nov. 2003)
Legal base Articles 62(2)(b) and 66 EC
Schengen builds on Schengen acquis
Flexibility UK attempted to opt in (unsuccessfully); Ireland opted out; Denmark could opt in as matter of international law
EP von Botticher report adopted 19 Feb. 2004 (A5-0093/2004); plenary vote 9 March 2004
Council conclusions agreed by 28/29 Nov. 2003 JHA Council/Mixed Committee; March 2004 European Council called for adoption by May 2004; 30 March 2004 JHA Council/Mixed Committee reached 'political agreement'; adopted as 'A' point by JHA Council, 25/26 Oct. 2004: Regulation 2007/2004
Entry into force 26 Nov. 2004 (Art 34)
Application date 1 May 2005 (Art 34)
Court of Justice the UK’s challenge to the validity of the decision to reject its application to opt in was unsuccessful (Case C-77/05, UK v Council, judgment of 18 Dec. 2007)

 

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