FTI calls on Britain to stop acting as the black sheep of the EU

October 18 2007

Fair Trials International has today called on the British Government to stop acting as the black sheep of the EU, and commit to Justice and Home Affairs measures that better protect fundamental rights and access to justice.

In advance of a meeting of EU Heads of State in Lisbon on Friday, Amanda Cumberland, Head of Research and Campaigns at FTI said:

“FTI strongly supports the adoption of the EU Reform Treaty because of its potential to make EU Institutions more democratic and transparent. We particularly welcome the prospect of the Charter of Fundamental Rights finally being incorporated into EU law.

“The likely agreement of the revised Treaty is a significant achievement. However, FTI is disappointed with the British Government’s continued ‘cherry-picking’ approach to Justice and Home Affairs issue at EU level.

“The ‘red lines’ demanded by the British Government mean that Britain can opt out of key Justice and Home Affairs issues, such as the proposed Framework Decision on Procedural Safeguards which would extend basic fundamental rights (such as access to legal representation and interpretation) for defendants in criminal cases to all EU citizens.

“We are deeply concerned at the British Government’s lack of commitment to addressing the inequality of arms in the development of EU justice measures.

“FTI today urges the British Government to stop acting as the black sheep of the EU and to face its responsibilities by committing to justice and home affairs policy measures that better protect fundamental rights and access to justice,” concluded Mrs Cumberland.

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Notes to editors

After the adoption of the Nice Treaty, the European Council decided to look at how the Union could be made more democratic, transparent and efficient. A Treaty establishing a Constitution for Europe was drawn up, which was intended to replace the existing treaties and was subsequently signed in October 2004.

The problems encountered in 2005 during the process of ratifying the Constitutional Treaty led the Union to engage in a process of reflection on future reform. This resulted in June 2006 in an invitation from the European Council to the future German Presidency to prepare a report on the way forward.

This report, together with the work undertaken by the German Presidency, allowed the European Council at its meeting on 21-22 June 2007 to agree to draw up a "Reform Treaty" amending the existing treaties with a view to enhancing the efficiency and democratic legitimacy of the enlarged Union, as well as the coherence of its external action.

This text has been further amended and on October 5, 2007, the Portuguese Presidency released a revised text of the reform Treaty.

On October 15, 2007 EU Foreign Affair Ministers have in Luxembourg to discuss the new EU treaty. A few member states have some minor concerns with the new text, however they should not prevent EU leaders finalising the Treaty.

On October 19, 2007 an informal meeting of EU Heads of State in Lisbon will conclude discussions on the Treaty, which should then be signed in December and ratified by June 2009.

It is hoped that the Treaty will be finalised on Friday during the meeting of the Head of States in Lisbon.

Content of the EU Reform Treaty

The new Treaty will amend the existing Treaties in order to make the changes necessary for an expanded EU of 27 to work effectively.

The Treaty will establish:

• a long-term president of the EU from 2009;
• a more powerful Foreign Policy chief;
• a simpler, more democratic decision-making system;
• more power for the European and national parliaments;
• Last but not least, it will incorporate the Charter of Fundamental Rights into EU law, with a view to ensure that EU institutions respect fundamental rights enshrined in the ECHR and in EU laws.

On October 5, 2007 the Portuguese Presidency released a revised text of the reform Treaty that aims to enable all member states to reach an agreement on the provisions of this Treaty:

• Jurisdiction of the Court of Justice will be restricted over pre-existing policing and criminal law measures (Protocol on transitional provisions, article 10).
• Protocol IV of the Treaty will enable the UK and Ireland to opt out of all Justice and Home Affair matters, including amendments to legislation from which they have already opted in.
• The UK and Ireland will be given the right to opt out of part of the Shengen acquis.

For further detailed analysis of the provisions in the Reform Treaty please visit the Statewatch website.

Jose Manuel Barroso, president of the European Commission, has publicly expressed the view that this text does not go far enough in replacing the defunct Constitution. However, he said that “it is better to have opt-outs for one or two countries than not to have any progress at all for the EU”.

BRITISH ISSUES

British red lines

As clearly stated by the government, Britain will not go any further in the process of finalising and signing the Treaty if its ‘red lines’ are not taken into consideration. They protect the UK's independence on justice and home affairs, tax and social security, foreign and defence policy, and from a legally-binding Charter of Fundamental Rights.

The UK has insisted on a specific protocol which makes clear that the Charter will not extend the powers of any court - UK or European – to strike down UK legislation, and that the Treaty will not create any new justiciable rights in the UK.

The Prime Minister, Gordon Brown, has threatened to veto the Treaty or demand a referendum if their demands over red lines are not conceded. It is therefore likely that these opt-outs will be agreed during the Lisbon meeting in order to get the treaty through.

A British referendum?

A majority of British people, alongside the Conservative Party, are opposed to the reform EU Treaty and are calling for the Government to hold a referendum.

The previous EU Constitution would have required a referendum, but the revisions in the Reform Treaty mean that the government is not required to hold a referendum this time. The government’s position is that the ‘red lines’ guarantee that Britain’s sovereignty will not be affected by the treaty, and that a referendum is therefore not necessary.

If a referendum were to be hold, a large majority of voters would reject the new Treaty.