EU Justice and Home Affairs

Justice written question – answered on 3rd July 2012.

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Photo of Lorely Burt Lorely Burt Chair of the Liberal Democrat Parliamentary Party

To ask the Secretary of State for Justice which EU measures formerly under the third pillar have not yet been implemented by his Department; when such measures are expected to be implemented; and if he will make a statement.

Photo of Kenneth Clarke Kenneth Clarke The Lord Chancellor and Secretary of State for Justice

Of the measures for which my Department has responsibility and were adopted under the former third pillar, five have not yet been implemented or not yet implemented fully. These are:

Council Framework Decision 2009/948/JHA of 30 November 2009 on prevention and settlement of conflicts of exercise of jurisdiction in criminal proceedings.

Council Framework Decision 2008/947/JHA on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between member states of the European Union, of the principle of mutual recognition of decisions on supervision measures as an alternative to provisional detention.

Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/514/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial.

Agreement on Cooperation in proceedings for Road Traffic Offences and the Enforcement of Financial Penalties Imposed in Respect Thereof: SCH/III (96)25revl8.

The UK must decide, no later than 31 May 2014, whether to accept full European Court of Justice jurisdiction over those EU police and criminal justice measures adopted before 1 December 2009 which have not been amended or replaced. All measures, which fall within that scope, including the five measures above, are currently being reviewed and further implementation is being considered on a case by case basis based on the merits of each individual instrument.

The Government have committed to a vote in both houses on this decision and to conduct consultations on this vote with the European Scrutiny Committees, and the Commons and Lords Home Affairs and Justice Select Committees. We will make an announcement in due course.

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