Brussels, 17/05/2016 (Agence Europe) - During a trip to Copenhagen on Tuesday 17 May, the President of the European Council, Donald Tusk, warned the Danish Prime Minister, Lars Lokke Rasmussen, that it may be impossible to find a solution for Denmark concerning its participation in Europol. “It won't be easy. It may be impossible”, Tusk commented.
When consulted about the possibility of removing the opt-out clause allowing their country not to participate in European justice and home affairs policies, the Danes on 3 December voted to keep the status quo and their opt-out, which has complicated matters concerning Denmark's participation in Europol (see EUROPE 11446).
Since the Treaty of Lisbon entered into force, Denmark (along with the United Kingdom and Ireland) has had the possibility to opt, on a case-by-case basis, in favour of certain initiatives and it was on this possibility that the Danish people voted on Thursday 3 December. However, the new rules governing the Europol agency adopted at the end of 2015 can no longer apply to Denmark as things stand, which led the government to examine the idea of negotiating a parallel agreement with the European Commission concerning participation in Europol, but also Eurojust and the European PNR directive.
Last week, the President of the European Commission, Jean-Claude Juncker, also met the Danish Prime Minister to discuss this cooperation in the framework of Europol. President Juncker and his opposite number acknowledged that the situation was “very difficult”, a European source explained. At the moment, Denmark has yet to make an official request for a parallel agreement.
In Copenhagen, President Tusk also stressed that although the EU would prefer Denmark to remain as close as possible to its foundations, the result of the referendum and the political and legal limitations must also be respected. Rasmussen also stressed that he anticipated a solution to this situation “over the summer” or at the beginning of the autumn. The Danish Minister called for a solution to be found in the common interests of the whole EU and of Denmark to be able to fight terrorism. (Original version in French by Solenn Paulic)