MIME-Version: 1.0 Content-Location: file:///C:/8C6BC8E3/ARTICLE61C.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 61 B]

JUSTICE:

COUNCIL WILL ADOPT NEW MEASURES TO EVALUATE

THE IMPLEMENTATION OF POLICY IN AREA

OF FREEDOM, SECURITY AND JUSTICE

 [ARTICLE 61C]

 

 

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 61C

 

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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Lisb= on Treaty: =

“ARTICLE 61 C

Without prejudice to Articles 226, 227 and 228, the Coun= cil may, on a proposal from the Commission, adopt measures laying down the arrangements whereby Member States, in collaboration with the Commission, conduct objective and impartial evaluation of the implementation of the Uni= on policies referred to in this Title by Member States' authorities, in partic= ular in order to facilitate full application of the principle of mutual recognit= ion. The European Parliament and national Parliaments shall be informed of the content and results of the evaluation.”

 

Consolidated Treaty Article(s):

n/a

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Expl= anation:

Under this new Article, the Council acting by QMV may adopt measures for evaluati= ng the implementation of the area of freedom, security and justice after simply informing the European Parliament and national Parliaments.

 

Member States will be required to “in collaboration with the Commission, con= duct objective and impartial evaluation of the implementation of the Union policies” in the area of freedom, security and justice, “by Member States' authorities, in particular in order to facilitate full application of the principle of mutu= al recognition.” It is not clear the meaning of “Member States&acu= te; authorities” but it seems to cover the impact that this will have on = UK judicial authorities and police and customs authorities. =

 

The organisation and impact of such evaluation is not yet clear, nor is it transparent as to how it will be conducted, how standards will be establish= ed or a decision reached. Obviously, if a Member State does not meet the necessary standards, it will be subject to sanctions. It = is stated that this Article is without prejudice to Articles on infringement procedures before the ECJ so the ECJ has jurisdiction over the implementati= on of these policies. It remains to be seen if the ECJ intervention will only = take place after such evaluation or if the processes could run at same time.