Irish Government Approval Secured For Findings Of Review Of Opt-in Protocol.

Irish Government approval secured for the findings of the Review of Ireland’s opt-in Protocol on the area of freedom, security and justice (Protocol 21).

The findings of the Review, a legal mechanism that is part of the Treaties of the European Union and which uniquely provides for Ireland to be able to opt-into measures that relate to the area of freedom, security and justice on a case-by-case basis; has today been published.

Protocol 21, together with Protocol 19 and Protocol 20, provide Ireland with flexibility in its approach to European integration in potentially politically sensitive areas and allows for a pragmatic approach to its engagement with the Area of Freedom, Security and Justice (AFSJ).

The review, which is available HERE, was undertaken by the Department of Justice and informed by detailed statistical analysis of relevant legislation, internal and external consultations, and by a targeted consultation process with a range of key stakeholders, facilitated by the Institute for International and European Affairs (IIEA).

The Review recommends that Ireland continue to be covered by Protocol 21. It also recommends that greater adherence be given to the undertaking in Declaration No. 56, which was made by Ireland at the time of the negotiation of the Protocol, and which commits to Irelands participating, to the maximum extent possible, in all measure covered by the Protocol.

The Review’s headline recommendations, approved by Government, are that:

1. Ireland should continue to be covered by the terms of Protocol 21.
2. That greater adherence be given to the undertaking in Declaration No. 56 to the Treaties to exercise Ireland’s right under Article 3 of Protocol 21 to take part in JHA measures to the maximum extent possible.
3. The review also recommends the following additional actions that the Department of Justice should consider further:
4. To participate in Justice and Home Affairs (JHA) measures by default, opting out only where concrete and well-defined national interests are at stake.
5. To undertake a comprehensive, retrospective review of all the Protocol 21-related measures in which we do not participate and determine whether we can accede to these measures or not.
6. To consider, to the extent practicable, mirroring via domestic legislation those EU measures which it has not opted into due to administrative constraints.
7. To explore the possibility of joining the European Public Prosecutor’s Office.
8. To explore the creation of a specialised body to facilitate the processing of mutual assistance and mutual recognition requests in a more efficient way.