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[[Republic of Ireland|Ireland]] and the [[United Kingdom]] have opted out from the change from unanimous decisions to [[qualified majority voting]] in the sector of [[Police and Judicial Co-operation in Criminal Matters]] under the Lisbon Treaty. This decision will be reviewed in Ireland three years after the treaty enters into force.<ref>{{ cite news || author=Staff writer || url=http://www.irishtimes.com/newspaper/frontpage/2007/1010/1191668857511.html || title=FG and Sutherland attack Government's EU opt-out || publisher=[[The Irish Times]] | date=2007-10-10 | accessdate=2007-10-13 }}</ref> Both states can opt in on these voting issues on a case-by-case basis.<ref>{{ cite news || author=Charter, David and Elliott, Francis || url=http://www.timesonline.co.uk/tol/news/uk/article2648522.ece || title=Will the British ever be given a chance to vote on their future in Europe? || publisher=[[The Times]] | date=2007-10-13 | accessdate=2007-10-13 }}</ref>
[[Republic of Ireland|Ireland]] and the [[United Kingdom]] have opted out from the change from unanimous decisions to [[qualified majority voting]] in the sector of [[Police and Judicial Co-operation in Criminal Matters]] under the Lisbon Treaty. This decision will be reviewed in Ireland three years after the treaty enters into force.<ref>{{ cite news || author=Staff writer || url=http://www.irishtimes.com/newspaper/frontpage/2007/1010/1191668857511.html || title=FG and Sutherland attack Government's EU opt-out || publisher=[[The Irish Times]] | date=2007-10-10 | accessdate=2007-10-13 }}</ref> Both states can opt in on these voting issues on a case-by-case basis.<ref>{{ cite news || author=Charter, David and Elliott, Francis || url=http://www.timesonline.co.uk/tol/news/uk/article2648522.ece || title=Will the British ever be given a chance to vote on their future in Europe? || publisher=[[The Times]] | date=2007-10-13 | accessdate=2007-10-13 }}</ref>


==Future opt-outs==
==Future opt-outs: Next European Union treaty==


===Next European Union treaty===
During the ratification process of the Treaty of Lisbon, the Czech President [[Václav Klaus]] negotiated an opt-out from the [[Charter of Fundamental Rights of the European Union]] similar to that of Poland and the United Kingdom. However, it was at that point too late to include the opt-out in the Treaty of Lisbon itself, so it will instead be formalised following the adoption of the [[Treaties of the European Union#Next treaty|next European Union treaty]], which is presumably an accession treaty for a future European Union member state.<ref>{{ cite web || author=[[European Council]] || title=Presidency Conclusions of the Brussels European Council (29/30 October 2009) || date=2009-10-30 || url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/110889.pdf | accessdate=2009-11-01 | format=PDF }}</ref>
During the ratification process of the Treaty of Lisbon, the Czech President [[Václav Klaus]] negotiated an opt-out from the [[Charter of Fundamental Rights of the European Union]] similar to that of Poland and the United Kingdom. However, it was at that point too late to include the opt-out in the Treaty of Lisbon itself, so it will instead be formalised following the adoption of the [[Treaties of the European Union#Next treaty|next European Union treaty]], which is presumably an accession treaty for a future European Union member state.<ref>{{ cite web || author=[[European Council]] || title=Presidency Conclusions of the Brussels European Council (29/30 October 2009) || date=2009-10-30 || url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/110889.pdf | accessdate=2009-11-01 | format=PDF }}</ref>


Similarly, Ireland needed some extra provisions in order to ratify the treaty (following the failure of the [[Twenty-eighth Amendment of the Constitution Bill, 2008 (Ireland)|first referendum]] in 2008, guarantees were formalised prior to the successful [[Twenty-eighth Amendment of the Constitution of Ireland|second referendum]] in 2009). Although these guarantees do not constitute an opt-out, they are also likely to be ratified in the next European Union treaty.<ref>{{ cite web || author=[[European Council]] || title=Revised Presidency Conclusions of the Brussels European Council (11/12 December 2008) || date=2009-02-13 || url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/104692.pdf | accessdate=2009-11-01 | format=PDF }}</ref>
Similarly, Ireland needed some extra provisions in order to ratify the treaty (following the failure of the [[Twenty-eighth Amendment of the Constitution Bill, 2008 (Ireland)|first referendum]] in 2008, guarantees were formalised prior to the successful [[Twenty-eighth Amendment of the Constitution of Ireland|second referendum]] in 2009). Although these guarantees do not constitute an opt-out, they are also likely to be ratified in the next European Union treaty.<ref>{{ cite web || author=[[European Council]] || title=Revised Presidency Conclusions of the Brussels European Council (11/12 December 2008) || date=2009-02-13 || url=http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/104692.pdf | accessdate=2009-11-01 | format=PDF }}</ref>

===Czech EMU opt-out===
In late 2010, a discussion arose within the Czech government about negotiating an opt-out from joining the Eurozone. This discussion was partially initiated by Euro-sceptic President [[Václav Klaus]]. Prime Minister [[Petr Nečas]] later stated that no opt-out is needed because the country cannot be forced to join the ERM II mechanism. As a result, it will itself decide when or if to fulfill one of the obligatory criteria to join the Eurozone, which is an approach very similar to that of [[Sweden and the euro|Sweden]]. Nečas also stated that [[Petr Nečas's Cabinet|his cabinet]] will not decide upon joining the euro during its term which is due to expire in 2014. The Czech Republic therefore will not be able to become a member of the Eurozone sooner than 2017.<ref>http://www.reuters.com/article/idUSTRE6B411620101205</ref><ref>http://www.bloomberg.com/news/2010-12-05/czech-republic-still-able-to-opt-out-of-adopting-euro-prime-minister-says.html</ref>


==Former opt-outs==
==Former opt-outs==

Revision as of 18:36, 16 March 2011

  member state with at least one opt-out
  member state with a de facto opt-out
  member state without opt-outs

In general, the law of the European Union is valid in all of the twenty-seven European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. Currently, five states have such opt-outs: Denmark (four opt-outs), Ireland (two opt-outs), Poland (one opt-out) Sweden (one opt-out, but only de facto) and the United Kingdom (four opt-outs). The Czech Republic will gain their first opt-out under the next treaty to be ratified (likely an accession treaty).

This is distinct from the enhanced co-operation, a measure introduced in the Treaty of Amsterdam, whereby a minimum of nine member states are allowed to co-operate within the structure of the European Union without involving other member states, after the European Commission and a qualified majority have approved the measure. It is further distinct from Mechanism for Cooperation and Verification and permanent acquis suspensions, whose lifting is conditional on meeting certain benchmarks by the affected member states.

Current opt-outs

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As of 2007, two states have formal opt-outs from the Schengen acquis and the common currency, while Denmark secured three additional opt-outs along with its euro opt-out. Sweden is in a special situation which amounts to a de facto opt-out.

Schengen Agreement – Ireland and United Kingdom

The Schengen Agreement abolished border controls between member states. Ireland and the United Kingdom have opt-outs from implementation of the Schengen acquis, though Ireland only joined the UK in adopting this opt-out to keep the Ireland–United Kingdom Common Travel Area in effect.[1] With the possible dissolution of the Common Travel Area in the future,[2] Ireland technically may no longer maintain its opt-out from the Schengen Agreement, as agreed in the Treaty of Amsterdam.[3] However, in response to a question on the issue, the Irish Taoiseach stated: "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is "no"."[4] The opt-out has been criticised in the United Kingdom for hampering the United Kingdom's capabilities in stopping transnational crime through the inability to access the Schengen Information System.[5]

Economic and Monetary Union

United Kingdom

Main article: United Kingdom and the euro

The Economic and Monetary Union (EMU) replaced national currencies with the euro. At present all but two members are obliged to join, the two members being the United Kingdom and Denmark (cf. Edinburgh Agreement below). The UK secured an opt-out from having to introduce the euro in the initial Maastricht Treaty negotiations,[1] while Denmark did so later (see below). The Labour Party governments under Tony Blair and Gordon Brown have made a move to introduce the euro contingent on approval in a referendum,[6] which will only be held after five economic tests devised by then-Chancellor of the Exchequer Gordon Brown have been met; the last assessment of the five economic tests (completed in June 2003) concluded that only one of the five had been met at that point, but that fulfilling two of the other four would ensure that the last two would also be fulfilled.[7]

Sweden

Main article: Sweden and the euro

Sweden, while not formally having negotiated an opt-out on this matter, did not join ERM II and thus deliberately failed to fulfil the criteria for introducing the euro; Sweden later voted against euro introduction in a referendum in 2003, and the issue is currently dormant. The European Commission and the European Central Bank have stated they would tacitly accept this derogation for the time being. Swedish governments have repeatedly stated they will only introduce the euro after a referendum approving this move has been held.[8]

Edinburgh Agreement – Denmark

Denmark obtained four opt-outs from the Maastricht Treaty following the treaty's initial rejection in a 1992 referendum. The opt-outs are outlined in the Edinburgh Agreement and concern the EMU (as above), the Common Security and Defence Policy (CSDP), Justice and Home Affairs (JHA) and the citizenship of the European Union. With these opt-outs the Danish people accepted the treaty in a second referendum held in 1993.

The EMU opt-out means Denmark is not obliged to participate in the third phase of the European Exchange Rate Mechanism, i. e. to replace the Danish krone with the euro. The abolition of the euro opt-out was put to a referendum in 2000 and was rejected. The CSDP opt-out originally meant Denmark would not be obliged to join the Western European Union (which originally handled the defence tasks of the EU). Now it means that Denmark does not participate in the European Union's foreign policy where defence is concerned. Hence it does not take part in decisions, does not act in that area and does not contribute troops to missions conducted under the auspices of the European Union, does not participate in the European Defense Agency. The JHA opt-out exempts Denmark from certain areas of home affairs. Significant parts of these areas were transferred from the third European Union pillar to the first under the Amsterdam Treaty; Denmark's opt-outs from these areas were kept valid through additional protocols. Acts made under those powers are not binding on Denmark except for those relating to Schengen, which are instead conducted on an intergovernmental basis with Denmark. Under the Treaty of Lisbon, Denmark can change its JHA opt-out from a complete opt-out to the case-by-case opt-in version applying to Ireland and the United Kingdom whenever they wish.[9] The citizenship opt-out stated that European citizenship did not replace national citizenship; this opt-out was rendered meaningless when the Amsterdam Treaty adopted the same wording for all members.

The current government has been planning to hold a second referendum on abolishing the opt-outs (or at least the euro opt-out) since at least 2004, following a change in public opinion, but the discussions and controversy regarding the Treaty establishing a Constitution for Europe and the Treaty of Lisbon have delayed this.[10] Following the 2007 parliamentary elections, Prime Minister Anders Fogh Rasmussen announced on 22 November 2007 his intention to hold a referendum on the opt-outs following the ratification of the Treaty of Lisbon.[11] A poll in the same month found 52% for dropping the euro opt-out (39% against), 46% for dropping the defence opt-out (38% against) and 51% against dropping the judiciary opt-out (32% for).[12]

Charter of Fundamental Rights of the European Union – Poland and the United Kingdom

Both Poland and the United Kingdom had originally opted out from the Charter of Fundamental Rights of the European Union, a part of the Treaty of Lisbon, meaning that European courts would not be able to rule on issues related to the Charter if they are brought to courts in Poland or the UK.[13] Poland's ruling party, Law and Justice, mainly noted concerns that it might force Poland to grant homosexual couples the same kind of benefits which heterosexual couples enjoy,[14] while the UK was worried that the Charter might be used to alter British labour law, especially as relates to allowing more strikes.[15] The European Scrutiny Committee of the British House of Commons, including members of both the Labour Party and the Conservative Party, has however cast doubts on the provision's text, asserting that the opt-out might not be worded strongly and clearly enough to achieve the government's aims.[16][17][18]

After the Civic Platform won the 2007 parliamentary election in Poland, it announced that it would not opt out from the Charter, leaving the UK as the only state not to adopt it.[19] However, Donald Tusk, the new Prime Minister and leader of the Civic Platform, later qualified that pledge, stating he would consider the risks before signing the Charter,[20] and on 23 November 2007 he announced that he would not sign the Charter after all (despite the fact that both his party and their coalition partner, the Polish People's Party, were in favour of signing the Charter), stating that he wanted to honour the deals negotiated by the previous government and that he needed the support of Law and Justice to gain the two-thirds majority necessary to ratify the Treaty of Lisbon in the Parliament of Poland.[21] He later clarified that he may sign up to the Charter after successful ratification of the Treaty of Lisbon has taken place.[22]

Police and Judicial Co-operation in Criminal Matters – Ireland and the United Kingdom

Ireland and the United Kingdom have opted out from the change from unanimous decisions to qualified majority voting in the sector of Police and Judicial Co-operation in Criminal Matters under the Lisbon Treaty. This decision will be reviewed in Ireland three years after the treaty enters into force.[23] Both states can opt in on these voting issues on a case-by-case basis.[24]

Future opt-outs: Next European Union treaty

During the ratification process of the Treaty of Lisbon, the Czech President Václav Klaus negotiated an opt-out from the Charter of Fundamental Rights of the European Union similar to that of Poland and the United Kingdom. However, it was at that point too late to include the opt-out in the Treaty of Lisbon itself, so it will instead be formalised following the adoption of the next European Union treaty, which is presumably an accession treaty for a future European Union member state.[25]

Similarly, Ireland needed some extra provisions in order to ratify the treaty (following the failure of the first referendum in 2008, guarantees were formalised prior to the successful second referendum in 2009). Although these guarantees do not constitute an opt-out, they are also likely to be ratified in the next European Union treaty.[26]

Former opt-outs

The United Kingdom had an opt-out from the Social Chapter, negotiated by John Major in 1991.[27] Tony Blair abolished this opt-out immediately after coming to power in the 1997 general election.[28]

Table

country policy area
Schengen Area EMU Citizenship CSDP PJC Charter of Fundamental Rights
 Czech Republic • post-N
 Denmark • tbr-ref • de jure only
• tbr-ref 		• tbr-ref • tbr-ref
 Ireland • opt-in
• tbr-12
 Poland • tbr-L
 Sweden • de facto
 United Kingdom • opt-in
Legend
  — fully participating in policy area
  — de jure opt-out in place
  — de facto opt-out in place

• de facto — de facto only, still legally binding but not enforced.
• de jure only — de jure only; common citizenship subsequently adopted by all members.
• post-N — following coming into force of the next European Union treaty (probably an accession treaty).

• opt-in — possibility to opt-in on a case-by-case basis.
• tbr-L — may be reviewed after successful ratification of the Treaty of Lisbon.[when?]
• tbr-ref — to be reviewed in a referendum
• tbr-12 — to be reviewed in 2012.

See also

Notes

  1. ^ a b Parliament of the United Kingdom (12 March 1998). "Volume: 587, Part: 120 (12 Mar 1998: Column 391, Baroness Williams of Crosby)". House of Lords Hansard. Retrieved 13 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  2. ^ Collins, Stephen (24 October 2007). "Irish will need passports to visit Britain from 2009". Irish Times. Retrieved 24 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  3. ^ Publications Office (10 November 1997). "Article 2". Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland, attached to the Treaty of Amsterdam. Retrieved 24 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  4. ^ Dáil Éireann (24 October 2007). "Vol. 640 No. 2". Dáil Debate. Retrieved 25 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  5. ^ Parliament of the United Kingdom (2 March 2007). "9th Report of 2006/07, HL Paper 49". Schengen Information System II (SIS II), House of Lords European Union Committee (Sub-Committee F). Retrieved 24 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  6. ^ Staff writer (1 December 1998). "The UK and the euro referendum". BBC News. Retrieved 17 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  7. ^ Staff writer (11 December 2003). "Euro poll question revealed". BBC News. Retrieved 17 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  8. ^ Staff writer (9 August 2007). "Alliance rejects Liberal calls for euro vote". The Local. Retrieved 17 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  9. ^ Europolitics (7 November 2007). "Treaty of Lisbon — Here is what changes!" (PDF). Europolitics № 3407. Archived from the original (PDF) on 27 November 2007. Retrieved 22 November 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  10. ^ Parker, George; Eaglesham, Jean and Benoit, Betrand (1 January 2003). "Danes face second referendum on joining euro". Financial Times. Retrieved 17 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)CS1 maint: multiple names: authors list (link)
  11. ^ Olsen, Jan M. (22 November 2007). "Denmark to Hold New Referendum on Euro". Associated Press. Retrieved 22 November 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  12. ^ Angus Reid (30 November 2007). "Many Danes Willing to Switch to Euro". Angus Reid Global Monitor: Polls & Research. Retrieved 29 December 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  13. ^ European Parliament (10 October 2007). "MEP debate forthcoming crucial Lisbon summit and new Treaty of Lisbon". Press Service. Retrieved 13 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  14. ^ Staff writer (5 October 2007). "Finland's Thors blasts Poland over EU rights charter". NewsRoom Finland. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  15. ^ Williams, Liza (9 October 2007). "Should a referendum be held on EU treaty?". Liverpool Daily Post. Archived from the original on 20 October 2007. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  16. ^ Branigan, Tania (10 October 2007). "MPs point to flaws in Brown's 'red line' EU treaty safeguards". The Guardian. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  17. ^ Wintour, Patrick (12 October 2007). "Opt-outs may cause problems, MPs warn Brown". The Guardian. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  18. ^ European Scrutiny Committee (2 October 2007). "European Union Intergovernmental Conference". European Scrutiny — Thirty-Fifth Report. British House of Commons. Retrieved 14 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)
  19. ^ Staff writer (22 October 2007). "Poland's new government will adopt EU rights charter: official". EUbusiness. Archived from the original on 17 December 2007. Retrieved 22 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  20. ^ Staff writer (25 October 2007). "Poland will ponder before signing EU rights deal". EUbusiness. Archived from the original on 5 February 2008. Retrieved 25 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  21. ^ Staff writer (23 November 2007). "No EU rights charter for Poland". BBC News. Retrieved 23 November 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  22. ^ Staff writer (4 December 2007). "Russia poll vexes EU and Poland". BBC News. Retrieved 4 December 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  23. ^ Staff writer (10 October 2007). "FG and Sutherland attack Government's EU opt-out". The Irish Times. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  24. ^ Charter, David and Elliott, Francis (13 October 2007). "Will the British ever be given a chance to vote on their future in Europe?". The Times. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)CS1 maint: multiple names: authors list (link)
  25. ^ European Council (30 October 2009). "Presidency Conclusions of the Brussels European Council (29/30 October 2009)" (PDF). Retrieved 1 November 2009. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  26. ^ European Council (13 February 2009). "Revised Presidency Conclusions of the Brussels European Council (11/12 December 2008)" (PDF). Retrieved 1 November 2009. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, and |4= (help)
  27. ^ Dale, Reginald (6 May 1997). "THINKING AHEAD/Commentary : Is Blair Leading a Continental Drift?". International Herald Tribune. Retrieved 13 October 2007. {{cite news}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help) [dead link]
  28. ^ Johnson, Ailish (2005). "Vol. 8 Memo Series (Page 6)" (PDF). Social Policy: State of the European Union. Retrieved 13 October 2007. {{cite web}}: Cite has empty unknown parameters: |1=, |2=, |3=, |4=, and |5= (help)


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