European Court of Justice (Hansard, 1 July 1997)

§ Ms Joyce Quin

Seven conventions have been agreed under the third pillar of the treaty on European Union, and six more are currently under discussion. The information requested is set out in respect of each convention.

Concluded conventions

1. Convention on the Establishment of a European Police Office (Europol Convention) The purpose is to establish a European police office. The European Court of Justice has jurisdiction over disputes relating to conditions of employment of Europol staff. A subsequent protocol to the convention establishes an optional jurisdiction for the court in respect of points referred by national courts for preliminary rulings. The convention was ratified by the United Kingdom on 10 December following debates in both Houses of Parliament on an order granting Europol legal status in the United Kingdom.

2. Convention on the Use of information Technology for Customs Purposes (Customs Information System Convention) The purpose is to enhance the exchange of intelligence between member states on the movement of drugs and other prohibited or sensitive goods. The convention establishes jurisdiction for the European Court of Justice to rule on disputes between member states and between member states and the European Commission. The Court also has an optional jurisdiction to give preliminary rulings on interpretation of the convention, subject to member states declaring whether they will accept this jurisdiction. The convention was ratified by the United Kingdom on 18 June 1997.

3. Convention on the Protection of the European Communities' Financial Interests (Fraud Convention) The purpose is to ensure that frauds committed against European Community (EC) funds are appropriately criminalised in all member states. The European Court of Justice has jurisdiction over certain parts of the convention to rule on disputes between member states, disputes between member states and the European Commission and proceedings brought by individuals against the Commission. The convention establishes an optional jurisdiction for the Court to give preliminary rulings on the interpretation of the convention and its first protocol, subject to member states declaring whether they will accept this jurisdiction. An order under section 78(3) of the Criminal Justice Act 1993 is required before the convention can be ratified.

4. Convention on the Fight against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union The purpose is to ensure that acts of corruption by or in relation to European Community or national officials (whether or not to the detriment of the EC budget) are appropriately criminalised in all member states. The European Court of Justice has jurisdiction over disputes between member states, and over disputes between member states and the European Commission as regards certain articles. The convention establishes an optional jurisdiction for the Court to give preliminary rulings on the interpretation of certain articles, subject to the acceptance of such jurisdiction by member states. No further parliamentary proceedings are required to ratify the convention.

5. Convention on Simplified Extradition Procedure between the Member States of the European Union The purpose is to improve extradition procedures between the member states in cases where the subject consents. The European Court of Justice has no jurisdiction. Ratification of the convention will require amendment of the Extradition Act 1989.

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6. Convention Relating to Extradition between the Member States of the European Union The purpose is to improve extradition procedures between member states. The European Court of Justice has no jurisdiction. Ratification of the convention will require amendment of the Extradition Act 1989.

7. Convention on the Service in the Member States of the European Union of Judicial and Extra Judicial Documents in Civil and Commercial Matters The purpose is to formalise procedures for the service of documents in civil and commercial matters. The European Court of Justice has jurisdiction to give preliminary rulings on the interpretation of the convention, subject to the acceptance of such jurisdiction by member states. Ratification procedures may require changes to the Rules of Court.

Proposed conventions under discussion

1. Draft Convention on Driving Disqualifications. The purpose of the convention is to prevent drivers who are given a driving disqualification in a member state from escaping the ban when they travel to another member state. There is no provision for European Court of Justice jurisdiction.

2. Draft Convention on Mutual Assistance in Criminal Matters between Member States of the European Union. The purpose of the convention is to update and improve procedures for provision of mutual legal assistance between member states in criminal matters. There is no provision for European Court of Justice jurisdiction.

3. Draft Convention on the Crossing of the Erternal Frontiers of the Member States of the European Union. The purpose is to provide for common standards of immigration control at the external frontiers of the European Union. The draft convention contains provision for the European Court of Justice to give preliminary rulings concerning the interpretation of the convention and to rule on disputes between member states and the European Commission.

4. Draft Convention on Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters (Brussels II Convention). The purpose is to allow the recognition and enforcement of judgments in matrimonial matters between member states. No decisions have yet been taken about European Court of Justice jurisdiction.

5. Draft Convention on Mutual Assistance and Co-operation between Customs Administrations (Naples II Convention). The purpose is to foster operational co-operation and assistance between customs administrations of the European Union. No decisions have yet been made about possible European Court of Justice jurisdiction.

6. Draft Eurodac Convention. The purpose is to set up a system of collection, storage, exchange and comparison of fingerprints of applicants for asylum, m connection with Article 15 of the Convention Determining the Stale Responsible for Examining Applications for Asylum Lodged in one of the member states of the European Communities (the Dublin convention—a pre-Maastricht instrument). The issue of possible European Court of Justice jurisdiction has yet to be discussed.

The Government's views As all conventions agreed under the third pillar require unanimity, it may be taken that Her Majesty's Government were content with any role established for the Court in respect of the concluded conventions. As regards draft conventions still under discussion, the Government's general approach is to consider the possible need for European Court of Justice jurisdiction in each case on its merits.