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EP Strasbourg building
EP Strasbourg building

Justice and Home Affairs Opt-in/out

Protocol 36 of the Treaty of Lisbon allows the Government to decide, by 31 May 2014, whether the UK should continue to be bound by approximately 130 police and criminal justice (PCJ) measures, which would all become subject to the jurisdiction of the Court of Justice and the Commission's enforcement powers, or if it should exercise its right to opt-out of them all. Either scenario would then take effect from 1 December 2014.

The Government has undertaken to organise a debate and a vote in each House before a decision is made. The Home Secretary sent a letter to the EU Committee dated 21 December 2011 about the Protocol 36 opt-out, which included a list of the measures they considered were caught by its provisions. This list was updated by further letters dated 18 September 2012 and 15 October 2012.


Implementing the European Arrest Warrant Decision by Piotr Bąkowski  - The Library of the European Parliament, December 2012