Law and Rights
Update 11th November: The Criminal Justice and Data Protection Regulations were approved in the House of Commons. This completed the transposition into domestic law of 11 of the 35 measures that the government wished to retain. The debate was dogged by procedural tactics and, to the annoyance of many MPs, there was no separate vote on the European Arrest Warrant even though there had been political assurances in advance that there would be. Nevertheless, legally, a vote was not required on opting back into the EAW and so it will remain in force in relation to the UK.
Update 8th November: Parliament - The UK's 2014 block opt-out decision: Joint Commttee Statement and see the DRAFT Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
On Monday 10th November, the House of Commons will vote on a package of EU measures and one concern is whether the European Arrest Warrant (EAW) will continue to have force in the UK- BBC News 6th November 2014. This is to be part of a one day debate relating to the opting out by the UK of some 110 EU Police and Criminal Justice measures and the opting back into 35 including the EAW - please see the post on 5th September.
There are good reasons why the EAW should be retained and these are succinctly stated in a letter sent to The Telegraph by a considerable number of notable lawyers who argue that "there is no credible alternative." The same point is made in a post on the Head of Legal blog.
It is very significant that, in a news item issued on 6th November , Fair Trials International argue that the need is to reform aspects of the EAW rather than tear it up. Fair Trials International do not share the pessimistic view that EU-wide reform of the warrant is not possible. They also point out that new safeguards against injustice were introduced into the UK?s extradition arrangements with the rest of Europe by the Anti-Social Behaviour, Crime and Policing Act, which received Royal Assent to become an Act of Parliament on 13 March - (see Part 12 of that Act).
The European Scrutiny Committee considered the opt outs and, in October 2013, issued its 21st report and the government's response was issued in March 2014.
It cannot be said that the politicians have made it easy for the public to see precisely what is being opted into and, for that matter, what will be opted out of. One straightforward publication is this Commons Standard Library Note dated 15th July 2013 which considers, as things stood at that date, the bloc opt-out and selective opt-back-ins. See also Cm 8671 - July 2013 - Decision pursuant to Article 10 of Protocol 36 to the Treaty on the Functioning of the EU - a list of the opt-ins appears at pages 8 to 12.
Parliament - The UK's 2014 block opt-out decision: Joint Commttee Statement and see the DRAFT Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
- The Uk Opts Back In To The European Arrest Warrant - And Other Eu Criminal Law
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- What Just Happened? The House Of Commons ?vote? On The European Arrest Warrant
Steve Peers Last night, the UK House of Commons voted in favour of the UK opting back in to 35 EU policing and criminal law measures, including the European Arrest Warrant (EAW). Or rather, it didn?t: it voted in favour of the UK opting back to 11...
- Ashya King
Update 5th September - Judiciary - Court Order of 2nd September Ashya King is a 5 year old boy who suffers from a brain tumour. He was undergoing treatment at Southampton General Hospital. According to an article in the Southern Daily...
- Opt Outs And The Eu ~ Is The Uk Heading For The Exit
There is little doubt that membership of the European Union (EU) is thoroughly disliked by some members of the present British government and public dislike of membership seems to have increased as a result of all the financial problems in the "Eurozone"...
- Extradition - The Scott Baker Review
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Law and Rights
European Arrest Warrant and other EU measures
Update 8th November: Parliament - The UK's 2014 block opt-out decision: Joint Commttee Statement and see the DRAFT Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
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On Monday 10th November, the House of Commons will vote on a package of EU measures and one concern is whether the European Arrest Warrant (EAW) will continue to have force in the UK- BBC News 6th November 2014. This is to be part of a one day debate relating to the opting out by the UK of some 110 EU Police and Criminal Justice measures and the opting back into 35 including the EAW - please see the post on 5th September.
There are good reasons why the EAW should be retained and these are succinctly stated in a letter sent to The Telegraph by a considerable number of notable lawyers who argue that "there is no credible alternative." The same point is made in a post on the Head of Legal blog.
It is very significant that, in a news item issued on 6th November , Fair Trials International argue that the need is to reform aspects of the EAW rather than tear it up. Fair Trials International do not share the pessimistic view that EU-wide reform of the warrant is not possible. They also point out that new safeguards against injustice were introduced into the UK?s extradition arrangements with the rest of Europe by the Anti-Social Behaviour, Crime and Policing Act, which received Royal Assent to become an Act of Parliament on 13 March - (see Part 12 of that Act).
The European Scrutiny Committee considered the opt outs and, in October 2013, issued its 21st report and the government's response was issued in March 2014.
It cannot be said that the politicians have made it easy for the public to see precisely what is being opted into and, for that matter, what will be opted out of. One straightforward publication is this Commons Standard Library Note dated 15th July 2013 which considers, as things stood at that date, the bloc opt-out and selective opt-back-ins. See also Cm 8671 - July 2013 - Decision pursuant to Article 10 of Protocol 36 to the Treaty on the Functioning of the EU - a list of the opt-ins appears at pages 8 to 12.
Parliament - The UK's 2014 block opt-out decision: Joint Commttee Statement and see the DRAFT Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
- The Uk Opts Back In To The European Arrest Warrant - And Other Eu Criminal Law
Steve Peers After much controversy, the UK today completed the process of opting out of EU criminal law measures adopted before the entry into force of the Treaty of Lisbon, and opting back in to some of them. This blog post looks as the legal...
- What Just Happened? The House Of Commons ?vote? On The European Arrest Warrant
Steve Peers Last night, the UK House of Commons voted in favour of the UK opting back in to 35 EU policing and criminal law measures, including the European Arrest Warrant (EAW). Or rather, it didn?t: it voted in favour of the UK opting back to 11...
- Ashya King
Update 5th September - Judiciary - Court Order of 2nd September Ashya King is a 5 year old boy who suffers from a brain tumour. He was undergoing treatment at Southampton General Hospital. According to an article in the Southern Daily...
- Opt Outs And The Eu ~ Is The Uk Heading For The Exit
There is little doubt that membership of the European Union (EU) is thoroughly disliked by some members of the present British government and public dislike of membership seems to have increased as a result of all the financial problems in the "Eurozone"...
- Extradition - The Scott Baker Review
Gary MacKinnon - facing extradition to USJoshua Rozenberg wrote in the Law Society Gazette (27th October) that the Baker report on extradition is something to build on. [Scott Baker Report - "A review of the United Kingdom's Extradition...