In most cases, European Union law is valid in all 28 EU member states . However, sometimes Member States agree on certain exemptions from legislation or treaties of the European Union, which mean that countries are not required to participate in certain areas of policy. Currently, 4 states have the following exceptions: United Kingdom (4 exceptions), Denmark (3 exceptions), Ireland (2 exceptions) and Poland (1 exception).
The concept of “exclusion from EU treaties” differs from the expanded cooperation procedure introduced by the Amsterdam Treaty , according to which at least nine member states are allowed to cooperate within the framework of the European Union without the participation of other member states, after the European Commission and qualified most endorsed this measure. “Exclusion from EU treaties” also differs from the cooperation and verification mechanism and from the termination of the permanent rules and norms of the Acquis communautaire , which do not apply to EU members if certain indicators are met.
Content
Current Exceptions
As of 2015, 4 states have officially established exceptions in 5 policy areas.
Schengen Agreement - Ireland and the UK
The Schengen Agreement abolished border controls between member states. Ireland and the UK received exceptions and do not implement EU Schengen law after the 1997 Amsterdam Treaty included the agreement in the text of the EU treaties , as they were the only EU members that have not yet signed the agreement. However , the Schengen Protocol indicated that they could request participation in the Schengen measures on an individual basis, if they so wished, subject to unanimous approval by the other participating states. Ireland has only joined the UK in making this exception to keep its border with Northern Ireland open thanks to the Common Travel Area (CTA). [1] [2] [3] Prior to the CTA renewal agreement in 2011 , when the British government suggested that Irish citizens required passports to enter the UK, [4] there were a number of calls for the desirability of Ireland joining the Schengen area .
Economic and Monetary Union - Denmark and the United Kingdom
Defense - Denmark
European Union Fundamental Charter - Poland and the United Kingdom
Proposed Exception for the Czech Republic
A Space of Freedom, Security, and Justice - Denmark, Ireland, and the United Kingdom
Legal guarantees
On several occasions, EU member states have faced opposition from the public regarding the ratification of EU treaties, which led to its rejection in a referendum. To address the issues raised, the EU proposed giving “legal guarantees” to the state that rejected ratification. These guarantees do not claim to exempt the state from any provisions of the treaty, that is, they are not exceptions to EU treaties. Instead, they clarify or interpret the provisions of the treaties in order to dispel concerns about alternative interpretations of these provisions.
EU Citizenship - Denmark
Denmark voted against replacing Danish citizenship with exclusively European one. [5] In section A of the Edinburgh Agreement, the European Council clarified that part two of the Maastricht Treaty on Citizenship of the European Union gives its citizens only additional rights and guarantees and does not replace national citizenship. [6] This clarification was not included in the treaties and actually ceased to be valid [7] as an exception to the entry into force of the Amsterdam Treaty containing the provision that reads: “Citizenship of the Union supplements rather than replaces the citizenship of Member States.” [eight]
Treaty of Lisbon Treaty
Invalid Exceptions
The office of John Major Until the signing of the Maastricht Treaty in 1992, was negotiating the exclusion from his social chapter For the UK. [9] Blair ’s cabinet canceled this exception immediately after taking office in the 1997 general election . [10] [11]
Proposed Exceptions
After the United Kingdom government announced a referendum on leaving the European Union , an agreement was reached between the UK and the EU on new negotiations on membership conditions if the state votes to remain in the EU. In addition to a number of amendments to the EU Regulations for all member states, the UK would be given a legal guarantee that would clearly exempt it from the stated in the treaty goal of creating an “even closer union” by deepening integration. [12] This guarantee was included in the Decision of the European Council with the promise that it would be integrated into future versions of the treaties. [13] However, following a referendum in which the United Kingdom voted to withdraw from the EU, these proposed exceptions became invalid by Decision.
PivotTable
| A country | Number of exceptions | Policy area | |||||
|---|---|---|---|---|---|---|---|
| Schengen Area | EMU | CSDP | AFSJ | Human rights charter | Social chapter | ||
| Denmark | 3 | INT | O | O | O | NO | NO |
| Ireland | 2 | O (opt-in) | NO | NO | O (opt-in) | NO | NO |
| Poland | one | NO | NO | NO | NO | O | NO |
| Great Britain | four | O (opt-in) | O | NO | O (opt-in) | O | F |
| Legend | |||||||
| "Opt-in" - the opportunity to participate on an individual basis. | ||||||
See also
- Opting out , a similar concept in the Canadian political system
- Nullification , A similar concept in the political structure of the United States
- Collaboration and Verification Mechanism in the European Union
- Freedom of movement for workers
- Europe of different speeds
- Sweden and Euro
Notes
- ↑ Parliament of the United Kingdom Volume: 587, Part: 120 (12 Mar 1998: Column 391, Baroness Williams of Crosby) . House of Lords Hansard (March 12, 1998). Date of treatment October 13, 2007.
- ↑ Publications Office Article 2 . Protocol on the application of certain aspects of Article 7a of the Treaty establishing the European Community to the United Kingdom and to Ireland, attached to the Treaty of Amsterdam (November 10, 1997). Date of treatment October 24, 2007.
- ↑ Expanding Schengen outside the Union (January 10, 2008). Date of treatment February 27, 2014.
- ↑ Collins, Stephen . Irish will need passports to visit Britain from 2009 , The Irish Times (October 24, 2007). Date of treatment October 24, 2007.
- ↑ The Danish opt-outs from EU cooperation (Danish) . EU Information Center - Home. Date of treatment July 4, 2019.
- ↑ European Council. Decision of the Heads of State and Government, meeting within the European Council, concerning certain problems raised by Denmark on the Treaty on European Union . European Parliament (December 12, 1992).
- ↑ The Danish opt-outs from EU cooperation (Danish) . EU Information Center - Home. Date of treatment July 4, 2019.
- ↑ Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts . EUR-Lex . eur-lex.europa.eu. Date of treatment July 4, 2019.
- ↑ Dale, Reginald . THINKING AHEAD / Commentary: Is Blair Leading a Continental Drift? , New York Times (May 6, 1997). Date of treatment October 13, 2007.
- ↑ Johnson, Ailish Vol. 8 Memo Series (Page 6) . Social Policy: State of the European Union (2005). Date of treatment October 13, 2007. Archived February 27, 2008.
- ↑ Agreement on Social Policy . Eurofound. Date of treatment May 26, 2014.
- ↑ Britain should stay in the European Union . Washington Post (February 22, 2016). Date of appeal March 15, 2016.
- ↑ European Council meeting (18 and 19 February 2016) - Conclusions . European Council (February 19, 2016). Date of appeal March 15, 2016.
Links
- Eurofound website - Opt-out
- Denmark and the European Union , Danish Ministry of Foreign Affairs