Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 September 2014 to Question 207065, in which rulings the Court of Justice of the EU (CJEU) or its predecessor courts has interpreted or applied (a) Article 72 of the Treaty on the Functioning of the European Union or the same provision in previous versions of the EU treaties and (b) Article 276 of the Treaty on the Functioning of the European Union or the same provision in previous versions of the EU treaties; and on what provisions of those rulings the Government bases its assertion that opting back into Council Decision 2000/375/JHA will not bring the UK's strategy for tackling indecent images of children online or any action by UK law enforcement pursuant to that strategy under the jurisdiction of the CJEU.

The Government takes the issue of indecent images of children very seriously, and is working with a wide range of international partners to tackle these appalling images. We work with both EU and non-EU States, and will continue to do so. As explained in the Government’s answer of 2 September 2014 to PQ 207065, the Government has considered the potential impacts of CJEU jurisdiction very carefully in deciding which of the pre-Lisbon police and criminal justice measures it is in the interests of the UK to rejoin.

While the CJEU has not yet ruled in a relevant case, Article 72 of the 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. In addition, Article 276 of the TFEU states that the CJEU 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.

The decision to seek to opt in to Council Decision 2000/375/JHA will therefore not bring the Government’s strategy in tackling indecent images of children under the jurisdiction of the CJEU or any action taken by UK law enforcement pursuant to that strategy.