New EU Treaty: the opt-out protocol

A round-up of the proposal

A round-up of the proposal

SCHENGEN:Ireland and Britain have three months to decide whether to "opt in" to new proposals related to the Schengen border system, the agreement allowing passport-free travel for citizens of signatory states.

Such new "Schengen building measures" could be the creation of databases to manage migration, like the existing Schengen Information System, or the creation of new border management agencies, such as the recently established Frontex.

Should Ireland or Britain decide to opt out of new measures the EU Schengen states could then exclude them from the original Schengen measure which is being expanded and which both may have already signed up to. This is so Ireland and Britain do not undermine the existing measure.

READ MORE

Britain and Ireland could appeal such an exclusion to an EU summit.

JUSTICE MEASURES:For non-Schengen justice matters the procedure is similar but without appeal to a summit.

FINANCIAL PENALTIES:Both states will have to shoulder any financial burden that results from ceasing to be involved in a measure.

EUROPEAN COURT OF JUSTICE:The ECJ will not be given jurisdiction over police and judicial co-operation in criminal matters that have been adopted before the entry into force of the treaty. For most states this transitional measure ceases after 5 years.

Britain will be allowed to "opt out" permanently of ECJ jurisdiction for measures that precede the reform treaty. Ireland will not be able to "opt out" of ECJ jurisdiction permanently.

CHARTER OF RIGHTS:Despite initial controversial indications that it might do so, Ireland will not follow Britain in insisting that the charter of fundamental rights will have no legal weight.