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Berlin signals opposition to EU policing and justice opt-out by Britain Berlin signals opposition to EU policing and justice opt-out by Britain
(4 months later)
The home secretary's campaign to repatriate a battery of key European powers over police, justice and security policy suffered a blow on Thursday when Germany signalled its opposition to letting Britain cherrypick the policy areas in which it wanted to take part.The home secretary's campaign to repatriate a battery of key European powers over police, justice and security policy suffered a blow on Thursday when Germany signalled its opposition to letting Britain cherrypick the policy areas in which it wanted to take part.
The tough line in Berlin indicated that Britain would face an uphill task in EU negotiations over the next year.The tough line in Berlin indicated that Britain would face an uphill task in EU negotiations over the next year.
While stressing that British participation in EU-wide police and counter-terrorism operations was crucial, senior government officials in Berlin questioned whether the Cameron government should be allowed to pick and choose where to co-operate with its EU partners.While stressing that British participation in EU-wide police and counter-terrorism operations was crucial, senior government officials in Berlin questioned whether the Cameron government should be allowed to pick and choose where to co-operate with its EU partners.
Under the Lisbon treaty, Britain secured an opt-out on 136 instruments covering police and justice issues in the EU on the grounds that the policy area would be decided no longer by consensus but by qualified majority voting, meaning that Britain would have no veto.Under the Lisbon treaty, Britain secured an opt-out on 136 instruments covering police and justice issues in the EU on the grounds that the policy area would be decided no longer by consensus but by qualified majority voting, meaning that Britain would have no veto.
The UK was allowed to opt out of all 136 instruments en bloc and then decide which parts it wants to rejoin, but it has to renegotiate the rejoining with the European commission and the other 26 EU governments. The opt-outs were gained under the previous Labour government in order to diminish the likelihood of Britain having to stage a referendum on the Lisbon treaty.The UK was allowed to opt out of all 136 instruments en bloc and then decide which parts it wants to rejoin, but it has to renegotiate the rejoining with the European commission and the other 26 EU governments. The opt-outs were gained under the previous Labour government in order to diminish the likelihood of Britain having to stage a referendum on the Lisbon treaty.
Berlin served notice that it could block the British push.Berlin served notice that it could block the British push.
"The British have always been like that. They've always asked for an extra sausage," said a senior German government official. "The mistake we made was we gave it to them … I find that not good. We will make that clear. You can depend on that.""The British have always been like that. They've always asked for an extra sausage," said a senior German government official. "The mistake we made was we gave it to them … I find that not good. We will make that clear. You can depend on that."
Theresa May, the home secretary, has already stated that Britain will exercise the mass opt-out won at Lisbon. A detailed House of Lords study of the issue last month slammed government policy, saying it could damage British national interests and security. Senior police officers have also complained that the anti-European policy will hurt capacity to fight transnational organised crime and counter-terrorism work.Theresa May, the home secretary, has already stated that Britain will exercise the mass opt-out won at Lisbon. A detailed House of Lords study of the issue last month slammed government policy, saying it could damage British national interests and security. Senior police officers have also complained that the anti-European policy will hurt capacity to fight transnational organised crime and counter-terrorism work.
Much of the negotiations need to be held with two European commissioners: Cecilia Malmström of Sweden for home affairs and Viviane Reding of Luxembourg on justice matters.Much of the negotiations need to be held with two European commissioners: Cecilia Malmström of Sweden for home affairs and Viviane Reding of Luxembourg on justice matters.
Senior commission officials complain that they have no idea what the British want to renegotiate and say that the Home Office has not been in contact with them on the matter for more than six months.Senior commission officials complain that they have no idea what the British want to renegotiate and say that the Home Office has not been in contact with them on the matter for more than six months.
"We will make problems if there is no consistency in cherrypicking on trying to fight organised crime," said a senior official in Brussels."We will make problems if there is no consistency in cherrypicking on trying to fight organised crime," said a senior official in Brussels.
The single biggest issue at stake is the European arrest warrant, allowing for quick extradition of suspects detained in another EU member state. The Conservatives and the Lib Dems are said to have cut a deal on trying to stay in the EAW, but Eurosceptic Tory backbenchers are opposed.The single biggest issue at stake is the European arrest warrant, allowing for quick extradition of suspects detained in another EU member state. The Conservatives and the Lib Dems are said to have cut a deal on trying to stay in the EAW, but Eurosceptic Tory backbenchers are opposed.
The German officials say that every time they go to London they stress the "urgency" of Britain sticking with the police measures as Berlin sees Britain as "a pillar of European security".The German officials say that every time they go to London they stress the "urgency" of Britain sticking with the police measures as Berlin sees Britain as "a pillar of European security".
"We can't welcome that," said the government figure. "It's bad if Great Britain withdraws.""We can't welcome that," said the government figure. "It's bad if Great Britain withdraws."
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