The Commons European Scrutiny Committee has warned in a new report
that Britain would face "new and unquantifiable risks" as a result
of the revised EU Constitution, arguing Britain's 'red lines' would
not provide adequate protection.
The report notes that "There will be a steady transfer of jurisdiction
to the Commission and the European Court of Justice in the areas of
civil and criminal justice. These matters should be debated on the
floor of the House before the treaty is signed."
Committee Chairman Michael Connarty added that Britain's "opt-ins"
on justice and home affairs matters would surrender jurisdiction from
Britain's courts: "Although the Government has secured the right to
opt-in in respect of justice and home affairs matters, it is clear
that if the Government opts in on any measure, ultimate jurisdiction
will transfer from the UK courts." He said that choosing not to opt-in
would present "new and unquantifiable risks".
The report called into question the Government's claim that the controversial
EU Charter of Fundamental Rights would not affect UK law: "We express
doubts on the effectiveness of the protocol on the Charter of Fundamental
Rights and do not consider that it guarantees that the Charter can
have no effect on the law of the United Kingdom when it is combined
with consideration of the implementation of Union law."
The Committee also criticised the lack of opportunity for proper
parliamentary scrutiny and debate before the treaty was signed: "The
process could not have been better designed to marginalise the role
of national parliaments and to curtail public debate, until it has
become too late for such debate to have any effect on the agreements
which have been reached."
The Committee's report can be found at: http://www.publications.parliament.uk