Overview

This report concludes that the Government should seek to rejoin the 35 measures that have already been identified, but that it should also seek to rejoin an additional set of measures: implementing measures related to Europol's continued operation; the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law; the European Judicial Network; the European Probation Order; and the Convention of Driving Disqualifications. The Government has still not dealt with earlier reports' conclusions about the Court of Justice of the European Union (CJEU) and its jurisdiction. What is more, the Government's general approach to the CJEU is not consistent with its decision to opt back into many other post-Lisbon police and criminal justice measures. The Government also needs to work flexibly with the European Commission in order to avoid any gaps in the application of the measures the UK will seek to rejoin. For example, we must ensure that rejoining the European Arrest Warrant is water-tight well in advance of the opt-out taking effect, to prevent problems for our criminal justice system. The report also recommends that the Government conduct a review of the impact of the opt-out decision three years after it has taken effect, and report its conclusions to Parliament

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