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Were the UK opt outs of Schengen and the Euro legislatively enacted via the Ordinary Legislative Procedure or by treaty negotiation at the Council level?

  • Are you sure those aren't the same thing in this context? The Euro was established in the Maastricht Treaty and the translation of the Schengen agreement into EU law was via the Amsterdam treaty, thus both were secured within the treaties themselves, via the normal process at the time treaties were drawn up. – origimbo Dec 12 '18 at 15:49
  • Thanks. I thought Ordinary Legislative Procedure meant Commission, Parliament, CoM etc. My question is whether things like the Euro opt-out and Schengen opy-out were arranged via a different mechanism (eg bypassing MEPs). – Ben Dec 12 '18 at 17:14
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    Oh, I'm sorry, I missed the capital letters. That process (but not the name, which only arrived with Lisbon) was only introduced in the Maastricht treaty itself, so couldn't have applied to the Euro. And both topics required treaty modifications, so even post Lisbon MEPs wouldn't have had a meaningful vote. – origimbo Dec 12 '18 at 17:32
  • My mistake. I added the capital letters after your comment. – Ben Dec 12 '18 at 17:36
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To answer what I understand to be the spirit of the question, the two opt outs are to be found as protocol 15 of the Treaty on European Union (Maastricht treaty) for the Euro and the section "Protocol integrating the Schengen acquis into the framework of the European Union" of the Treaty of Amsterdam.

Both treaties were negotiated via intergovernmental conference, approved by the European Council and then ratified by the individual member states through their usual constitutional methods. The Treaty of Amsterdam was endorsed by the European Parliament, but this had no definite effect on the content or ratification procedure.

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