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Article III-270[73] of the Constitutional Treaty would enable the making of European laws and framework laws (the Treaty's equivalent of EC regulations and directives) in relation to judicial cooperation in criminal matters and the making of framework laws to establish minimum rules necessary to facilitate mutual recognition of judgment and police and judicial cooperation. Article 271 contains a power to approximate criminal law, namely to "establish minimum rules concerning the definition of criminal offences and sanctions in the areas of particularly serious crime with a cross-border dimension". Decisions on such laws and framework laws would be taken by QMV. However, Articles 270 and 271 each contain an "emergency brake" procedure which provides an important safeguard for Member States. By pulling the brake a Member State may in effect opt out of a particular proposal where it would "affect fundamental aspects of its criminal justice system" while allowing other Member States (a third or more) to proceed with the measure as enhanced cooperation without all the preliminary procedures such cooperation would usually require. Mr Lachmann, for Denmark, thus described it, as "a brake with an accelerator" (Q 144).
http://www.publications.parliament.uk/pa/ld200506/ldselect/l...
| Kim Metzger
Mexico
Does not meet criteria
Specializes in field
Native speaker of:  English
PRO pts in category: 100
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peer agreement (net): +6