HC Deb 03 November 1994 vol 248 c1387W
Mr. Cash

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list those parts of the treaty of Rome and other treaties which confer jurisdiction to the European Court of Justice over defence matters.

Mr. David Davis

[holding answer 1 November 1994]: The European Court of Justice has no jurisdiction over the provisions of the Maastricht treaty which refer to defence-article B and article J.4. The ECJ does have jurisdiction to interpret articles 36, 48, 56, 66, 223, 224 and 225 of the treaty of Rome which deal with derogations from the treaty justified on grounds on public or national security. There are similar provisions in international agreements relating to the Communities such as certain co-operation agreements and the European economic area agreement, as well as the technical security provisions in articles 24, 25, 27, 28 and 84 of the European atomic energy treaty.

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