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The UK block opt-out in police and judicial cooperation in criminal matters: recent developments

Published Monday, November 10, 2014

The UK Government would like to opt back into 35 measures in the area of police and judicial cooperation in criminal matters adopted before the entry into force of the Lisbon Treaty, but will the other EU Member States agree unanimously on this? Will the Government manage to get approval for the draft regulations published on 6 November which complete the transposition of 11 of the 35 opt-back-ins?

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The UK notified the Council on 24 July 2013 that it would make use of the block opt-out option from EU acts in the field of police and judicial cooperation in criminal matters adopted before the entry into force of the Lisbon Treaty.

Over the past couple of months the UK Government has been negotiating opting back into 35 measures. The Member States must agree unanimously on the UK’s opting back into these measures, but at the General Affairs Council on 24 June 2014 some States expressed reservations.

On 6 November 2014 the Government published Draft Criminal Justice and Data Protection (Protocol 36) Regulations 2014, which aim to transpose into UK law further measures to fully implement 11 of the 35 opt-back-in measures before the block opt-out notification cut-off date of 1 December 2014.

This note looks at recent developments in the UK's negotiations and at parliamentary debates on the opt-out and opt-back-ins.

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