[ARTICLE 61 A]

JUSTICE:

TREATY GIVES EUROPEAN COUNCIL POWER TO DEFINE<= /p>

OBJECTIVES FOR UK LEGISLATION ON

FREEDOM, SECURITY AND JUSTICE

[ARTICLE 61 A]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three Policies and Internal Actions of the Union, Titl= e IV – Area of Freedom, security and Justice, Chapter 1 General Provisions, Article 61A

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 64, replacement Chapter 1 and Articles 61 to 61I TEC (TFEU) general provisions relating to an area of freedom, security and justice; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“= ;ARTICLE 61 A=

The European Council shall define the strategic guidelin= es for legislative and operational planning within the area of freedom, securi= ty and justice.”

Consolidated Treaty Article(s):

n/a

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Expl= anation:

This is a new provision which formalises the far-reaching pra= ctices of the European Council – it is not in the interests of the UK to bind itself to such a legislative council which provides such fundamental objectives for the governance of 27 Member States.

The 1999 Tampere European Council on the creation of an area of freedom, securi= ty and justice provided a programme setting out policy guidelines and objectiv= es with a timetable for their achievement, which was adopted. Under the Lisbon Treaty, the European Council is obliged to define guidelines for legislative and operational action within this area.

The Lisbon Treaty recognises the European Council as an EU institution. If the European Council does not act in this area in accordance with Article 230 a= nd 232, the ECJ will have jurisdiction to hear actions against the European Council for failure to act.