Billy Timmins (Wicklow, Fine Gael)
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Question 242: To ask the Minister for Foreign Affairs the implications there are for the execution of powers of the European Court of Justice here if the Lisbon treaty is ratified; and if he will make a statement on the matter. [15357/08]

Dermot Ahern (Louth, Fianna Fail)
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The Reform Treaty makes a number of minor changes to the Court of Justice of the European Union in relation to procedural aspects and its jurisdiction. Article 1.20 draws together the key elements of the existing texts on the Court of Justice. Changes in relation to the Court's procedures include:

establishment of a seven-person panel to offer opinions on the suitability of candidates for judgeships and advocates-generalships;

a shortening of the procedure for imposing fines on Member States;

greater provision for the use of QMV by the Council in amending less fundamental aspects of the Court's Statute; and

a requirement, based on respect for the right to liberty and for the right to a speedy trial, that the Court act with "minimum delay" in giving preliminary rulings at the request of Member States, where an individual is in custody.

The Court will have full jurisdiction in regard to the Treaty's provisions on freedom, security and justice, though it may not review the proportionality or legality of operations carried out by Member States' police or other law-enforcement services, or the exercise by the Member States of their responsibilities with regard to the maintenance of law and order and safeguarding internal security. For a transitional period of five years, however, this extended jurisdiction will not apply to existing measures taken in the field of judicial co-operation in criminal matters and police co-operation. It is made clear by the Reform Treaty that the Court continues as a general rule not to have jurisdiction as regards the Common Foreign and Security Policy. Nor will the Court have jurisdiction on issues which remain the responsibility of Member States.