LORDS

Claude Moraes MEP gives evidence on the UK’s opt-in during transition

05 September 2018

The EU Home Affairs Sub-Committee will take evidence from Claude Moraes MEP, Chair of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE).

Background

This evidence session follows on from the roundtable discussion held on 18 July 2018 with academics and practitioners on how the UK's Justice and Home Affairs (JHA) opt-in will work in practice during the Brexit transition phase. The Committee will discuss UK-EU security co-operation, scrutiny of JHA opt-ins during the transition period, and their legal status under the Withdrawal Agreement.

Witness

Wednesday 5 September 2018, Committee Room 4a, Palace of Westminster

At 3.30pm

  • Claude Moraes MEP, Chair of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE)

Possible questions

  • What, if anything, will the UK lose when it no longer has the ability to opt into JHA measures?
  • Do you believe that the UK’s inability to opt into new measures will have an appreciable effect on operational capacity?
  • What avenues will be open to the UK to scrutinise or influence JHA measures during transition, once it loses its seats in the European Parliament and Council?
  • Have relevant Members of the European Parliament, and the Parliament’s authorities, begun to discuss how scrutiny procedures might be adapted to account for the UK’s changed role in JHA measures during the transition period?
  • What, in your view, is the likelihood that other Member States will take advantage of the provisions in the Withdrawal Agreement to “urge” the UK to opt into JHA measures? How would this work in practice: would there need to be a vote in Council? What would be the European Parliament’s role?
  • In your view, will the opt-in provisions of the Withdrawal Agreement apply to measures with JHA content, but without a JHA legal basis? Is there the possibility that the EU could, once the UK becomes a third country, insist that the UK take part in measures that the UK had previously opted out of on the grounds that they contained JHA content? What would be the European Parliament’s role in assessing the validity of such a demand?

Further information

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