THE EFFECTS OF EU CRIMINAL JUSTICE ON THE UK AND IRELAND UNDER THE REFORM TREATY Designated as one of the UK government’s ‘red lines’, EU criminal justice as described in this book will be subject to a derogatory scheme in relation to the UK and Ireland. The basis is the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty of Amsterdam1 which ‘compensated’ the UK and Ireland for the loss of their vetoes in respect of the ‘communitarisation’ of asylum and immigration. The Treaty of Lisbon amends the old protocol and makes it applicable to the whole of the Title IV TFEU. For ease of discussion, we have made a consolidated version of the protocol as it will look using the text of the Reform Treaty. However, this is not an oﬃcial consolidated version and should not be cited! The basic principles of the scheme are as follows: Article 2 establishes the principle that no legal instrument adopted in pursuance of the EU’s AFSJ, or any judgment of the ECJ interpreting such instruments are applicable to the UK and Ireland. Article 3 gives the UK and Ireland the opportunity to declare that they wish to participate in any proposed legal instrument in this area. However, Article 3(2) makes it clear that, if either the UK or Ireland, after such a declaration, nevertheless makes life so diﬃcult for the other Member States, they will be excluded according to the principle of Article 2....
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