Presidency seeks to fast-track police and judicial co-operation

The German presidency is proposing a fast-track procedure for countries which want to push ahead with police and judicial co-operation even if countries such as the UK, Denmark and Ireland do not want to join in.

As part of the draft outline for a new treaty to replace the EU constitution sent to governments on Tuesday (19 June), Berlin is proposing that in the area of judicial and police co-operation those member states that wanted to agree binding rules could do so within four months, regardless of whether countries with opt-outs or opt-ins on justice and home affairs wanted to take part.

A third of all EU members would be needed to go ahead in these areas under the enhanced co-operation procedure.

The move is designed to address the UK’s insistence that it will not give up control over its police and judicial processes.

Under the constitution, decision-making in these areas would have been taken by qualified majority voting and by co-decision with the European Parliament unless a member state referred the question to EU leaders. Legislative initiatives would then be dropped or a third of member states could go ahead, but the process would have taken much longer because the enhanced co-operation mechanism would only have started after the initial four-month review.

The proposal for a fast-track process will meet the demands of French President Nicolas Sarkozy, Spanish Prime Minister José Luis Zapatero and Italy’s Romano Prodi who are insisting on the possibility of moving ahead to tackle terrorism and illegal immigration.

The presidency is also proposing introducing an "emergency brake" for social security to give safeguards to the UK, the Netherlands and other countries that they will retain the veto over decisions in this area.

But EU governments will still have to resolve a number of thorny issues. The German presidency draft mandate insists that the EU should have legal personality, allowing it to negotiate and sign international treaties and organisations, but this is opposed by the UK and the Netherlands.

The presidency is still insisting that the Charter of Fundamental Rights should have legally binding status even though it will not be integrated in the new reform treaty. The UK and the Czech Republic were opposed to the charter having legal force, arguing that decisions from the European Court of Justice could clash with national legislation on issues such as labour rights. But the UK appears to have softened its line on this question.

The draft also attempts to address Dutch calls for a stronger role for national parliaments, suggesting that a third of national assemblies should have the right to ask the Commission to redraft or withdraw legislative proposals.

A Dutch official said that this "was a good start for negotiations" but suggested that it would have to be strengthened further. The Germans have also proposed giving assurances about protecting public services, a demand of the Dutch Social Democrats in the ruling coalition, but officials are still discussing the appropriate language.

Key elements for treaty reform

• Constitution text split into two treaties: treaty on the European Union and a treaty on the functioning of the EU

• Single legal personality for the Union

• Legally binding status of Charter of Fundamental Rights

• One-third of national parliaments can ask Commission to amend or withdraw proposals

• Proposal notes that "two delegations want to raise issue of "double majority voting system"

• Softening of constitution provisions on space, public health, passports and identity cards

• Removal of reference to "free and undistorted competition"

The German presidency is proposing a fast-track procedure for countries which want to push ahead with police and judicial co-operation even if countries such as the UK, Denmark and Ireland do not want to join in.