European Courts (Hansard, 27 October 1997)

HC Deb 27 October 1997 vol 299 cc665-6W 665W

§ Mr. Mitchell
To ask the Secretary of State for Foreign and Commonwealth Affairs if he will list(a) those functions of final decision that will lie within the competence of the European Community Court of Justice in Luxembourg in respect of (i) criminal and (ii) civil cases and (b) those functions concerning human rights that will be within the competence of the European Court of Human Rights in Strasbourg, following the coming into force of the treaty of Amsterdam. [12848]

§ Mr. Doug Henderson
The European Court of Justice in Luxembourg will continue to have jurisdiction to give preliminary rulings on questions of Community law in cases referred to it by courts or tribunals of a member state pursuant to article 177 of the treaty establishing the European Community. It will also acquire jurisdiction to give preliminary rulings on questions relating to certain instruments adopted under the revised title VI of the treaty on European Union—police and judicial co-operation in criminal matters—in cases referred to it by courts or tribunals in any member state which, by a declaration, accepts that jurisdiction. We do not intend to accept that jurisdiction.
The treaty of Amsterdam does not affect the jurisdiction of the European Court of Human Rights in Strasbourg, which is governed by the European convention for the protection of human rights and freedoms, and the protocols thereto.

§ Mr. Mitchell
To ask the Secretary of State for Foreign and Commonwealth Affairs which(a) criminal and (b) civil matters relating to the European Community and Union will come within the competence of the European Community Court of Justice either as direct jurisdiction, by case law, or after consultation by national court subsequent to the coming into force of the treaty of Amsterdam. [12866]

§ Mr. Henderson
The European Court of Justice will continue to have jurisdiction to give preliminary rulings on questions of Community law in cases, whether criminal or civil, which may be referred to it by courts or tribunals in a member state pursuant to article 177 of the treaty establishing the European Community. It will also acquire jurisdiction to give preliminary rulings on questions relating to certain instruments adopted under title VI of the Treaty on European Union as revised by the treaty of Amsterdam—police and judicial co-operation in criminal matters—in cases referred to it by courts or tribunals in any member state which, by a declaration, accepts that jurisdiction. We do not intend to accept that jurisdiction.
666W

§ Mr. Mitchell
To ask the Secretary of State for Foreign and Commonwealth Affairs which matters concerning human rights will be determined by(a) the Court of European Human Rights in Strasbourg and (b) the European Court of Justice in Luxembourg, following the coming into force of the treaty of Amsterdam. [12867]

§ Mr. Tony Lloyd
The treaty of Amsterdam does not affect the jurisdiction of the European Court of Human Rights in Strasbourg, which is governed by the European convention for the protection of human rights and fundamental freedoms, and the protocols thereto. The European Court of Justice in Luxembourg will have jurisdiction in the field of fundamental rights only with regard to action of the Community institutions, in so far as the Court has jurisdiction under the treaties establishing the European Communities and under the Treaty on European Union.