Organised Crime: EU Law

(asked on 22nd July 2014) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, through what legal means Norway, Iceland and Switzerland have access to the False and Authentic Documents Online database established under Joint Action 98700/JHA.


Answered by
James Brokenshire Portrait
James Brokenshire
This question was answered on 23rd September 2014

A full impact assessment has been conducted on Joint Action 98/700/JHA. Details of this assessment can be found in Command Paper 8897

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/326698/41670_Cm_8897_Accessible.pdf, published on 3 July 2014.

The Government has considered the potential impacts of ECJ jurisdiction very carefully. Article 72 of Treaty on the Functioning of the European Union (TFEU) makes clear that the maintenance of law and order and the safeguarding of internal security is a responsibility for Member States. Article 276 of the TFEU states that the ECJ shall have no jurisdiction to review the validity or proportionality of operations carried out by the police or other law
enforcement services of a Member State, or the exercise of responsibilities incumbent upon Member States with regard to the maintenance of law and order and the safeguarding of internal security.

Given that context and the wording of Article 3 of Joint Action 98/700/JHA, the Government considers that any link between the UK’s national systems with EU law is likely to be sufficiently tenuous and indirect to mean that national systems will not be within the scope of EU law for the purposes of the human rights jurisdiction of the Court of Justice of the EU.

The participation of the Associated States in FADO is based on their participation in the Schgenen acquis.

Reticulating Splines