BELGUIM:The Government may not be able to influence the development of key EU justice legislation following two opinions issued by Europe's highest court.
A key adviser to the European Court of Justice (ECJ) said yesterday Britain could not annul EU regulations creating an EU border agency or a new system of biometric passports. She also found Britain and Ireland do not have the legal right to participate in the development of new measures built into the EU border system "Schengen".
Advocate general Verica Trstenjak said Britain's decision to opt out of the common EU border system called Schengen in 2000 excluded it from influencing new policies. Britain took the case to the ECJ in 2005, arguing it should be able to participate in drawing up new regulations in the field of immigration and common border systems.
Ireland, which together with Britain has opted out of the EU Schengen system, also joined the important legal case that will set a precedent for future justice legislation.
The opinions of advocates general are followed in 80 per cent of ECJ cases. If the opinion is followed by the court, the implication is that the Government may be able to opt in to new border management control measures introduced by the EU. But it will get no say in how these measures are developed or managed. Instead, the new measures will be managed exclusively by states that are members of Schengen.
The decision could also have practical implications for the fight against terrorism and illegal immigration, as Schengen states are not legally obliged to share the biometric data in the common EU biometric passport system with either Britain or Ireland.
A Government spokesman said it would not comment until the final judgment of the ECJ.