Deal unlikely on Europol Convention

Date: 16/11/1995

By Rory Watson

JUSTICE and home affairs ministers are expected to agree minor rules on the internal operation of Europol next week, but a consensus on the future role of the European Court of Justice in its operations looks set to elude them.

Ministers will have their first opportunity at a meeting on 23 November to consider suggestions that only the highest court in each country should be allowed to refer cases to the Court and that each member state could choose whether to do so or not.

The formula has been floated by the Spanish presidency in a bid to bridge the gap between the UK and other member states, particularly the Netherlands. The former is vehemently opposed to any involvement for the EU judges, while the latter argue access to judicial review is essential to guarantee individuals' rights.

The argument has blocked final approval of the Europol Convention and forced EU leaders at their June Cannes summit to delay a decision on the ECJ's involvement for up to a year.

The UK government has tabled a six-page paper setting out its objections, arguing that forms of redress are already built into the system.

According to a senior official: “We believe that for each kind of potential dispute remedies already exist through national courts and this is true whether it involves complaints against the behaviour of law enforcement agencies or problems of data protection.”

But the dispute over the ECJ's role is threatening to block Dutch ratification of the convention. The Hague may be prepared to accept the Spanish compromise, provided London does not use it to further dilute an agreement.

“We could live with this if the British accept it as a compromise and let the 14 others go ahead. It is not perfect, but in order to get things moving we could accept it,” explained a senior Dutch diplomat.

But other officials believe it unlikely ministers would agree to such a proposal now, when a deadline for doing so is still seven months away. Instead, they are expected to agree new rules for Europol's management board and possibly operating arrangements for liaison officers.