Schengen Agreement The
Schengen Agreement abolished border controls between member states. The United Kingdom and Ireland received opt-outs from implementing the
Schengen acquis when the
Treaty of Amsterdam of 1997 incorporated it into the
EU treaties, as they were the only EU member states which had not signed the agreement. However, the
protocol on the Schengen acquis specified that they could request to opt into participating in Schengen measures on a case-by-case basis if they wished, subject to unanimous approval of the other participating states. The opt-out has been criticised in the United Kingdom for hampering the United Kingdom's capabilities in stopping
transnational crime through the inability to access the
Schengen Information System. Although the United Kingdom was not part of the Schengen passport-free area, it still used the
Schengen Information System, a governmental database used by European countries to store and disseminate information on individuals and property. This allowed the UK to exchange information with countries that are a part of the Schengen agreement, often for the sake of liaising over law enforcement. The UK formally requested to participate in certain provisions of the Schengen
acquis – Title III relating to Police Security and Judicial Cooperation – in 1999, and this was approved by the
Council of the European Union on 29 May 2000. The United Kingdom's formal participation in the previously approved areas of cooperation was put into effect by a 2004 Council decision that came into effect on 1 January 2005.
Economic and monetary union All member states, other than Denmark and previously the United Kingdom, have either adopted the euro or are legally bound to do so. The
Maastricht Treaty of 1992 included
protocols on the UK and
Denmark giving them opt-outs with the right to decide if and when they would join the euro. The
Labour government of
Tony Blair argued that the UK should join the euro, contingent on approval in a referendum, if
five economic tests were met. However, the assessment of those tests in June 2003 concluded that not all were met. The policy of the 2010s coalition government,
elected in 2010, was against introducing the euro prior to the
2015 general election.
Charter of Fundamental Rights of the European Union Although not a full opt-out, both the United Kingdom and Poland secured a
protocol which clarified how the
Charter of Fundamental Rights of the European Union, a part of the Treaty of Lisbon, would interact with national law in their countries limiting the extent that European courts would be able to rule on issues related to the Charter if they are brought to courts in Poland or the UK. The UK was worried that the Charter might be used to alter British labour law, especially as relates to allowing more strikes. The
European Scrutiny Committee of the
British House of Commons, including members of both the
Labour Party and the
Conservative Party, has however cast doubts on the provision's text, asserting that the clarification might not be worded strongly and clearly enough to achieve the government's aims. After the
Civic Platform won the
2007 parliamentary election in Poland, it announced that it would not opt-out from the Charter, leaving the UK as the only state not to adopt it.
Area of freedom, security and justice The United Kingdom had a flexible opt-out from legislation adopted in the
area of freedom, security and justice, which includes all matters previously part of the pre-Amsterdam
Justice and Home Affairs (JHA) pillar. This allows them to opt-in or out of legislation and legislative initiatives on a case-by-case basis, which they usually do, except on matters related to Schengen. The opt-out from the JHA policy area was originally obtained by both states in a
protocol to the
Treaty of Amsterdam of 1997, and was retained with the
Treaty of Lisbon. Under
Protocol 36 of the
Lisbon Treaty, the UK had the option to opt out of all the police and criminal justice legislation adopted prior to the treaty's entry into force which had not been subsequently amended. The decision to opt out had to be made at least six months prior to the aforementioned measures coming under the jurisdiction of the
European Court of Justice on 1 December 2014. The UK informed the
European Council of their decision to exercise their opt-out in July 2013, and as such the impacted legislation ceased to apply to the UK as of 1 December 2014. While the protocol only permitted the UK to either opt-out from all the legislation or none of it, they subsequently opted back into some measures. == Former opt-outs ==