A new guide published this week offers a non-partisan overview of the Lisbon treaty and its future relationship with UK law


This month's Brussels Watch focuses on EU matters in Westminster and the introduction into the UK Parliament of the Treaty of Lisbon. This treaty was adopted in December 2007 and is now to be subject to national ratification procedures. The aim is for it to enter into force in January 2009.



There is a lot at stake, given that the Constitutional Treaty ratification process failed in 2005 after Dutch and French voters said 'no' to it. With that in mind, only Ireland has declared it will put the treaty to the test in a referendum - the other EU countries seemingly shying away. Indeed, despite pressure from certain quarters, the government has decided not to put this treaty to a ?referendum and it will go through the parliamentary ratification process in the coming weeks. An EU (Amendment) Bill was introduced in the House of Commons in December and is currently heading into the ?second-reading stage.



The argument for not holding a referendum appears to be that this new treaty does not differ significantly from the current EU regime. To some extent that is true, because this treaty consolidates and updates the disparate number of treaties that have made up the European legal and political regime over the years. It should be underlined that this is not a wholesale re-casting of the system, nor is it the introduction of a constitution or federal super-state through the back door - as some would have us believe.


There are some innovations, particularly in the area of criminal justice and police co-operation, and regarding the Charter of Fundamental Rights. However, where changes have been introduced the UK Government fought hard to secure its 'red lines' and held a strong negotiating line. Once these points were secured the Prime Minister agreed that, in due course, the treaty could be signed - though he did this some hours after everyone else.



One of the areas that now falls within the 'opt-in regime' is the question of criminal justice. This means that the UK can choose on a case-by-case basis whether to take part in a piece of legislation that relates, for example, to the fight against organised crime, transfer of evidence across borders or fair-trial rights in Europe. This arrangement is designed to protect national interests and address the concerns of those who seek to safeguard the legal systems in the UK.



But the Law Society's concern is that this possibility to 'cherry-pick' could lead to a patchwork of legal rights and obligations, undermining the goal of developing a coherent, clear European regime in this area. We raised this concern with the House of Lords sub-committee on Law and Institutions during their recent visit to Brussels, underlining our fears that the government may choose not to opt in to those measures that will bolster individual rights and procedural guarantees, instead focusing on those that will expand cross-border police powers and investigative activity.



Moreover, under the treaty the Charter of Fundamental Rights becomes legally binding. This move set alarms bells ringing in London and Warsaw and led to a strongly worded protocol that clarified the position as regards the UK and Polish systems. This specific position appears to suggest that the charter has been interpreted as introducing new rights. Arguably, this move was not necessary because the charter does not create new general rights under national law, such as the right to strike, and only applies when national governments are implementing EU law.



Given the UK-specific nature of some of the provisions in the treaty, the outlook will be a little different for those living in Reading compared with their counterparts in Riga or Rouen. In order to address this question the Law Society has ?produced, in association with the Gazette, The Guide to the Treaty of Lisbon, which provides an overview for the solicitors' profession on the new legal framework. It aims to offer a clear, concise and insightful overview of the practical effects of the treaty and its future relationship with UK law.



It sets out how the new treaty will affect the practice of solicitors, focusing on how its provisions will impact on the tools available to assist clients. For example, the new provisions should make it easier for individuals and businesses to challenge the legality of certain EU regulatory acts directly, and it expressly provides for measures on cross-border dispute resolution and those designed to promote access to justice.



The Law Society's guide offers a non-partisan look at the new EU framework and was presented to the Houses of Parliament as the Law Society's contribution to the ratification debate. As the Gazette went to press, the chairman of the House of Commons European Scrutiny Committee, Michael Connarty MP, was due to host a launch of the guide at Westminster, attended by MPs and peers from all political parties. The guide will, it is hoped, be seen as a refreshing change from the polemical rhetoric that so often clouds the debate on Europe.



Julia Bateman is acting head of the Law Society's Brussels Office. For a copy of the guide please contact: brussels@lawsociety.org.uk