EU Criminal Law and Justice
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EU Criminal Law and Justice

Maria Fletcher, Robin Lööf and Bill Gilmore

Today, EU criminal law and justice constitutes a significant body of law potentially affecting most aspects of criminal justice. This book provides a comprehensive, accessible yet analytically challenging account of the institutional and legal developments in this field to date. It also includes full consideration of the prospective changes to EU criminal law contained in the recent ‘Lisbon Treaty’. While, broadly speaking, the authors welcome the objectives of EU criminal law, they call for a profound rethinking of how the good of criminal justice – however defined – is to be delivered to those living in the EU. At present, despite sometimes commendable initiatives from the institutions responsible, the actual framing and implementation of the Area of Freedom, Security and Justice (AFSJ) suffers from a failure to properly consider the theoretical implications of providing the good of criminal justice at the EU level.
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Maria Fletcher, Robin Lööf and Bill Gilmore


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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