The End of the Transitional Period for Police and Criminal Justice Measures Adopted Before the Lisbon Treaty: Who Monitors Trust in the European Criminal Justice Area?

Liberty and Security in Europe Papers No. 74

45 Pages Posted: 13 Dec 2014

See all articles by Valsamis Mitsilegas

Valsamis Mitsilegas

Queen Mary University of London, School of Law

Sergio Carrera

Centre for European Policy Studies

Katharina Eisele

Centre for European Policy Studies (CEPS)

Date Written: December 8, 2014

Abstract

This study examines the legal and political implications of the forthcoming end of the transitional period for the measures in the fields of police and judicial cooperation in criminal matters, as set out in Protocol 36 to the EU Treaties. This Protocol limits some of the most far-reaching innovations introduced by the Treaty of Lisbon over EU cooperation on Justice and Home Affairs for a period of five years after the entry into force of the Treaty of Lisbon (until 1 December 2014), and provides the UK with special ‘opt out/opt-in’ possibilities. The study focuses on the meaning of the transitional period for the wider European Criminal Justice area. The most far-reaching change emerging from the end of this transition will be the expansion of the European Commission and Luxembourg Court of Justice scrutiny powers over Member States’ implementation of EU criminal justice law. The possibility offered by Protocol 36 for the UK to opt out and opt back in to pre-Lisbon Treaty instruments poses serious challenges to a common EU area of justice by further institutionalising ‘over-flexible’ participation in criminal justice instruments. The study argues that in light of Article 82 TFEU the rights of the defence are now inextricably linked to the coherency and effective operation of the principle of mutual recognition of criminal decisions, and calls the European Parliament to request the UK to opt in EU Directives on suspects procedural rights as condition for the UK to ‘opt back in’ measures like the European Arrest Warrant.

Keywords: European Criminal Justice area, criminal matters, European Arrest Warrant

Suggested Citation

Mitsilegas, Valsamis and Carrera, Sergio and Eisele, Katharina, The End of the Transitional Period for Police and Criminal Justice Measures Adopted Before the Lisbon Treaty: Who Monitors Trust in the European Criminal Justice Area? (December 8, 2014). Liberty and Security in Europe Papers No. 74. Available at SSRN: https://ssrn.com/abstract=2537321

Valsamis Mitsilegas (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

Sergio Carrera

Centre for European Policy Studies ( email )

1 Place du Congres
B-1000 Brussels, 1000
Belgium
+32 2 229 39 26 (Phone)

Katharina Eisele

Centre for European Policy Studies (CEPS) ( email )

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