Policy paper

JHA opt-in and Schengen opt-out protocols

Details of the UK’s participation in EU legislation on police and judicial co-operation, civil and criminal justice, asylum and migration.

• From: Home Office and Ministry of Justice
• Published: 7 October 2015
• Last updated: 29 March 2018 — See all updates

This was published under the 2015 to 2016 Cameron Conservative government

Documents

Background information: JHA opt-in protocol and Schengen opt-out protocol

PDF, 85.6 KB, 4 pages

Decisions taken: JHA (Title V) opt-in and Schengen opt-out decisions

PDF, 1.4 MB, 53 pages

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Code of practice on scrutiny of opt-in and Schengen opt-out decisions in justice and home affairs matters

PDF, 171 KB, 9 pages

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Details

The UK’s participation in EU legislation on Justice and Home Affairs (JHA) is principally governed by protocols 19 and 21 to the Treaty on European Union and the Treaty on the Functioning of the European Union, collectively often referred to as the Lisbon Treaty.

The background document covers:

• an explanations of the protocols
• the government’s approach to participation in EU JHA legislation
• the scrutiny arrangements for decisions on participation in EU JHA legislation
• the annual report to Parliament on the JHA opt-in

The decision document describes JHA (Title V) opt-in and Schengen opt-out decisions taken between 1 December 2009 and the present. It lists the proposals, plus those the government is currently considering and those on which a decision is expected in the next few months.

The code of practice provides guidance for government officials on the handling of parliamentary scrutiny aspects of justice and home affairs opt-in and Schengen opt-out decisions. This code of practice outlines the actions government departments will take to ensure opt-in and Schengen opt-out decisions take into account the views of Parliament.

Published 7 October 2015
Last updated 29 March 2018 + show all updates

1. 29 March 2018

   Replaced 'Decisions taken: JHA (Title V) opt-in and Schengen opt-out decisions' document with a revised one.

2. 30 October 2017

   Updated JHA (Title V) opt-in and Schengen opt-out decisions published.

3. 1 February 2017

   Updated JHA (Title V) opt-in and Schengen opt-out decisions document published.

4. 8 April 2016

   Updated JHA (Title V) opt-in and Schengen opt-out decisions document published.

5. 7 October 2015

   First published.