The Law Society has endorsed the House of Lords Select Committee report, which raises serious concerns about the proposed EU criminal justice opt-out.
The Society described the report 'EU police and criminal justice measures: the UK's 2014 opt-out decision' by the House of Lords European Union Select Committee as a compelling analysis.
The report considers whether or not the UK should opt out of approximately 130 EU police and criminal justice measures. It echoes the Law Society's serious concerns about the practical impact of an opt-out and the unnecessary cost likely to result (at a time of cuts across the whole criminal justice system). Many of the measures promote co-operation between EU countries and are vital in tackling cross-border crime.
The report reflects the Law Society's stance that the case for exercising the opt-out has not been made and highlights that none of the measures are harmful to the UK justice or common law systems.
The role of the Court of Justice of the EU in ensuring the uniform application of EU law across the Member States is also recognised. The report further highlights the serious concerns expressed by legal practitioners regarding the cost, timing, complexity and ultimate uncertainty of possible negotiations by the UK to try to opt back in to certain measures as well as the risk of loss of UK influence in this field.
Law Society chief executive Desmond Hudson said:
'We are delighted that the Select Committee recognised the significant concerns of solicitors about the practical impact of the opt-out. This was a rigorous and detailed inquiry and we support its conclusion that the exercise of the opt-out is not justified and could have significant negative implications for the administration of justice in the UK.'
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