HC Deb 12 May 1998 vol 312 c111W
Mr. Mitchell

To ask the Secretary of State for Foreign and Commonwealth Affairs which body has final jurisdiction in respect of the interpretation of framework decisions taken under the proposed Article K.6(2)(b) and (c) of the Treaty of Amsterdam where Her Majesty's Government under Article K.7 does not accept a preliminary ruling of the European Court of Justice. [41507]

Mr. Doug Henderson

[holding answer 11 May 1998]Article K.7(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, confers jurisdiction on the European Court of Justice to give preliminary rulings on the interpretation of framework decisions and decisions adopted by the Council pursuant to Article K.6(2)(b) and (c). By virtue of Article K.7(2) a Member State may choose whether or not to accept that jurisdiction. Since the Government do not intend to accept that jurisdiction, if a framework decision or decision adopted pursuant to Article K.6(2)(b) or (c) fell to be interpreted by the British courts, the House of Lords would ultimately be the Court of final jurisdiction as far as the United Kingdom was concerned.