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Opt-outs in the European Union


In general, the law of the European Union is valid in all of the twenty-eight European Union member states. However, occasionally member states negotiate certain opt-outs from legislation or treaties of the European Union, meaning they do not have to participate in certain policy areas. Currently, four states have such opt-outs: Denmark and United Kingdom (four opt-outs each), Ireland (two opt-outs) and Poland (one opt-out).

This is distinct from the enhanced co-operation, a measure introduced in the Treaty of Amsterdam, whereby a minimum of nine member states are allowed to co-operate within the structure of the European Union without involving other member states, after the European Commission and a qualified majority have approved the measure. It is further distinct from Mechanism for Cooperation and Verification and permanent acquis suspensions, whose lifting is conditional on meeting certain benchmarks by the affected member states.

As of 2015, four states have formal opt-outs from a total of five policy areas.

The Schengen Agreement abolished border controls between member states. Ireland and the United Kingdom 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 specified that they could request to opt-in to participating in Schengen measures on a case-by-case basis if they wished, subject to unanimous approval of the other participating states. Ireland only joined the UK in adopting this opt-out to keep their border with Northern Ireland open via the Common Travel Area (CTA). Prior to the renewal of the CTA in 2011, when the British government was proposing that passports be required for Irish citizens to enter the UK, there were calls for Ireland to join the Schengen Area. However, in response to a question on the issue, Bertie Ahern, the then-incumbent Taoiseach, stated: "On the question of whether this is the end of the common travel area and should we join Schengen, the answer is "no"." 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.


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