MIME-Version: 1.0 Content-Location: file:///C:/8C6BC8E5/ARTICLE61E.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 61 E]

POLICING:

EU TO INTERFERE IN MEMBER STATE

RESPONSIBILITIES FOR MAINTAINING LAW AND ORDER=

 [ARTICLE 61 E]

 

 

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 61E

 

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: =

“= ;64) Article 61 E shall replace Article 64(1) of the Treaty establishing the European Community and the cur= rent Article 33 of the Treaty on European Union.

ARTICLE 61 E

This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenanc= e of law and order and the safeguarding of internal security.”<= /span>

 

Consolidated Treaty Article(s):

 “Article 64<= /span>

1. This title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenanc= e of law and order and the safeguarding of internal security.”<= /span>

 

“Article 33<= /span>

This title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenanc= e of law and order and the safeguarding of internal security.”<= /span>

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Expl= anation:

The new Article 61E is equivalent to Article 64 TEC and Article 33 TEU= and confirms that “This Title shall not affect the exercise of the responsibilities incumbent upon Member States with regard to the maintenanc= e of law and order and the safeguarding of internal security.” It is diffi= cult to foresee how the Member States responsibilities on “maintenance of = law and order and the safeguarding on internal security” will not be affe= cted in this area. For instance, a standing committee will be set up with the power to coordinate the actions of nati= onal police as well as other authorities.

 

The misleading Article does extend to provisions of judicial cooperation in criminal matters and police cooperation. = According to the existing Article 240b TFEU “In exercising its powers regarding the provisions of Chapters 4 and 5 of Title IV of Part Three relating to the ar= ea of freedom, security and justice, the Court of Justice of the European Union shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law-enforcement services of a Member State or the exercise of the responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding= of internal security." Therefore, this Article is limited to the <= span style=3D'font-size:11.0pt;font-family:Arial;mso-fareast-language:PT'>provis= ions of Chapters 4 and 5 of Title IV, judicial cooperation in criminal matters a= nd police cooperation, respectively.