EU security laws face Lisbon treaty cut-off

High-profile legislation on police and judicial co-operation which has taken years to negotiate is in danger of collapsing if its adoption is not completed before the Lisbon treaty comes into force next year.

Moves to reform Europol, the EU’s police office, a plan to allow easier and quicker transfer of evidence between EU states and rules setting down safeguards for the protection of data held for criminal investigations could fall if they are not completed by the end of the year.

The Lisbon treaty would scrap the present procedure by which such laws are introduced as ‘third pillar’ intergovernmental laws, agreed by unanimity between member states and without much input from the European Parliament.

Under the new treaty, police and judicial co-operation legislation would have to be introduced like regular community laws under the ‘first pillar’, where only the European Commission can propose laws, the European Parliament can influence the legislation and national vetoes are mostly scrapped.

This means that after the entry into force of the treaty, expected in January 2009, all outstanding proposals introduced under the third pillar will fall and the Commission would have to reintroduce them under the new legal basis.

"We will have to do our utmost to have everything agreed by the end of the year," said one EU diplomat.

A Commission spokes-man said that Franco Frattini, the commissioner for justice, freedom and security, would raise the issue during an informal meeting of justice and interior ministers next week (24-26 January).

But the Parliament is facing a row over whether to fast-track reports on third pillar proposals so that they are not delayed or hold onto them, thereby gaining more say over these laws when they are reintroduced as first pillar laws.

The matter will come to a head today (17 January) when MEPs vote on a proposal to change Europol into an EU agency. UK Socialist MEP Claude Moraes, the shadow rapporteur on the proposal, said that he was in favour of Parliament voting for the report but using a protocol in the Lisbon treaty which would allow laws to be sent back to Parliament for further scrutiny after the changes come in. "The Europol reports are important for Europe to tackle trafficking, drugs and the whole shebang…in terms of European citizens and facing into the 2009 elections these changes are important for European policy," he said.

But Andrew Duff, a UK Liberal MEP, said that the Europol changes should be held off until the Lisbon treaty comes into force, giving Parliament a greater say over the matter. "Better to take our time and get the thing right than to blunder in haste," he said.

Member states are unlikely to want to reintroduce much legislation under the first pillar considering the length of time it has taken to negotiate some of the proposals.

The European evidence warrant was first proposed in 2003 but not agreed until 2006 while the law on the protection of data held by police authorities was first proposed in October 2005 and has yet to be agreed, though a deal on the main elements has been reached.

The changes to Europol’s status have been debated since January last year. The Slovenian presidency hopes to reach agreement in June but tough negotiations are expected on the immunity of Europol police officers and how its budget should be sourced.

High-profile legislation on police and judicial co-operation which has taken years to negotiate is in danger of collapsing if its adoption is not completed before the Lisbon treaty comes into force next year.