Opt-out (EU treaties)

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In various treaties of the European Community and the European Union , individual member states have been granted exceptions, known as opt-outs .

In an additional protocol to the Lisbon Treaty , some countries insisted on opt-out clauses, which means that the Charter of Fundamental Rights is only partially applicable:

When the European Economic and Monetary Union was agreed in 1990 , the EU states Denmark and Great Britain de jure and Sweden de facto demanded - and received - an option to withdraw from the obligation to introduce the euro as a currency. By not joining Exchange Rate Mechanism II, Sweden intentionally misses one of the EU convergence criteria in order to avoid joining the euro.

When Schengen law was transposed into EU law, the United Kingdom and Ireland implemented opt-outs, according to which Schengen law, with few exceptions, does not apply to the two states until they submit a separate application. This is of practical importance when citizens of the Schengen States enter the United Kingdom or Ireland.

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PROTOCOL (No. 30)

ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION TO POLAND AND THE UNITED KINGDOM

THE HIGH CONTRACTING PARTIES -

WHEREAS, in Article 6 of the Treaty on European Union, the Union recognizes the rights, freedoms and principles contained in the Charter of Fundamental Rights of the European Union;

CONSIDERING that the Charter should be applied strictly in accordance with the provisions of said Article 6 and Title VII of the Charter;

CONSIDERING that said Article 6 provides that the Charter should be applied and interpreted by the courts of Poland and the United Kingdom in strict accordance with the explanations referred to in that Article;

CONSIDERING that the Charter contains both rights and principles,

CONSIDERING that the Charter contains provisions of a civil and political nature as well as provisions of an economic and social nature;

CONSIDERING that the Charter reaffirms the rights, freedoms and principles recognized in the Union and makes these rights more visible, but does not create new rights or principles;

RECALLING THE obligations of Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union and Union law in general;

NOTING the desire of Poland and the UK to clarify certain aspects of the application of the Charter;

DESIRING therefore to clarify the application of the Charter in relation to the laws and administrative measures of Poland and the United Kingdom and the issue of enforceability in Poland and the United Kingdom;

REAFFIRMING that references in this Protocol to the operation of any specific provision of the Charter shall in no way affect the operation of any other provision of the Charter;

REAFFIRMING that this Protocol is without prejudice to the application of the Charter to other Member States;

REAFFIRMING that this Protocol does not affect any other obligations of Poland and the United Kingdom under the Treaty on European Union, the Treaty on the Functioning of the European Union and Union law in general,

HAVE AGREED on the following provisions, which are annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

article 1

(1) The Charter does not extend the power of the Court of Justice of the European Union or any court of Poland or the United Kingdom to determine that the laws, regulations, practices or measures of Poland or the United Kingdom are inconsistent with those provided for by the Charter affirmed fundamental rights, freedoms and principles are consistent.

(2) In particular - and for the avoidance of doubt - Title IV of the Charter does not create any enforceable rights applicable to Poland or the United Kingdom, unless Poland or the United Kingdom has provided such rights in its national law.

Article 2

Where any provision of the Charter refers to national law and practice, that provision shall apply to Poland and the United Kingdom only to the extent that the rights or principles contained therein are replaced by the law or practice of Poland or the United Kingdom. of the United Kingdom.

Individual evidence

  1. ↑ Charter of Fundamental Rights of the EU, as of October 26, 2012 (PDF)
  2. ^ Treaty of Amsterdam
  3. ↑ Consolidated version of the Treaty on the Functioning of the European Union - PROTOCOLS - Protocol (No. 30) on the application of the Charter of Fundamental Rights to Poland and the United Kingdom, as of September 25, 2018