Bruges Group on Red Line breach

JUSTICE AND HOME AFFAIRS RED LINE BREACHED

Gordon Brown’s Government has watered down the UK’s opt-out on justice & security matters so that it becomes almost meaningless. Under the terms of the so-called Reform Treaty, the notoriously centralising European Court of Justice (which always agrees with those who favour taking power from the nation-state) will seize more power over Justice and Home Affairs. For purely cosmetic reasons the UK has managed to delay the EU’s takeover of police and judicial cooperation in criminal matters for just 5 years. After this 5 year period, the UK has a right to opt out from any legislation on that area. However, both the general 5 year transitional period and the UK opt out cover only the legislation in force before the treaty becomes law (which is expected to happen on 1st January 2009). Additionally under Protocol 10 Article 10 (4) the EU by Qualified Majority Vote can force the UK to pay financial penalties for the opt out. Furthermore, a new article, 4a (2) in the Protocol on the Position of UK and Ireland (in respect of the area of freedom, security and justice) has been added to the Treaty protocol, giving the legal right to the EU Council of Ministers to put pressure on the UK to participate in the EU’s plans to control Britain’s legal system. This will lead to pressure for the UK to surrender more power in the following areas:

• Immigration and frontier controls
(Loss of any pretence that we control our immigration policy)
• Judicial co-operation in criminal matters
(Legal harmonisation)
• Minimum rules for the definition of criminal offences and sanctions
(EU to control criminal law)
• Eurojust (structure, operation, field of action and tasks)
(EU control over the fight against organised crime)
• Police co-operation (data sharing and training)
(Britain’s policing to become like policing on the continent)
• Europol (structure, operation, field of action and tasks)
(EU Police)
• Specialised courts (establishment of specialised first instance courts)
(The undermining of Britain’s system of Common Law)
• Establishment of integrated management system for external borders
(EU control of Britain’s borders)
• Mechanism for peer review of member states' implementation of policies in the Justice and Home Affairs (JHA) area
(Britain’s legal system to become accountable to the EU)
• Measures to promote crime prevention
(More EU control over policing)

What is more if these powers are handed over there is nothing that our own democratic process can do to overturn those decisions.

Click on the links below to read the renamed EU Constitutional Treaty:

• Preamble - 2 pages
• The Reform Treaty - 152 pages
• Protocols - 76 pages
• Declarations - 25 pages