The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 give effect to a Commission Decision and a Council Decision to be made under Article 10 of Protocol No. 36 on transitional provisions to the EU Treaties. The Regulations completed the transposition in relation to 11 of the 35 measures which HM Government had said were in the national interest of the UK to seek to re-join under the so called “2014 opt-out decision”.
Article 10(4) of Protocol 36 enabled HM Government to decide, at the latest by 31st May 2014, whether or not the UK should continue to be bound by the former third pillar measures in relation to police and criminal justice cooperation adopted before the Treaty of Lisbon came into force, or whether it should exercise its right to opt out of the treaty requirements en masse. On 24th July 2013, following endorsement of both Houses of Parliament, the Prime Minister formally notified the President of the Council that the UK had decided to exercise its opt-out in relation to all former third pillar measures. The effect of this decision is that these measures ceased to apply to the UK from 1st December 2014.
