Dublin, 27 May 2025 – Minister for Justice Jim O’Callaghan has announced the Government’s formal approval of the findings from a comprehensive review of Protocol 21, a unique legal mechanism that allows Ireland to opt into European Union measures in the area of freedom, security, and justice (FSJ) on a case-by-case basis.
The Review of the Operation of Protocol 21 was conducted by the Department of Justice, drawing on detailed legislative analysis, internal policy evaluation, and a structured consultation process. Stakeholder engagement was facilitated by the Institute of International and European Affairs (IIEA), ensuring diverse input from legal, academic, and civil society perspectives.
A Delicate Balance: EU Cooperation and National Interests
Speaking on the publication of the Review, Minister O’Callaghan emphasized the dual importance of EU cooperation and the protection of Ireland’s distinct legal and political identity:
“The EU’s Area of Freedom, Security and Justice is one of its greatest achievements, offering tangible benefits to citizens across Europe — including here in Ireland. We are committed to playing a full and active role in its continued development.
At the same time, our unique legal system and our Common Travel Area with the UK require a careful, considered approach. Protocol 21 strikes that balance by allowing Ireland to opt into relevant measures while safeguarding national interests.”
Key Findings and Government-Endorsed Recommendations
The Review concludes that Ireland should remain within the scope of Protocol 21 and that greater alignment with Declaration No. 56, which commits Ireland to participate in FSJ measures to the maximum extent possible, is both desirable and feasible.
The Government has endorsed the Review’s two headline recommendations:
- Retention of Protocol 21, reaffirming its strategic importance to Ireland’s EU engagement in justice and home affairs.
- Enhanced commitment to Declaration No. 56, ensuring Ireland exercises its opt-in rights actively and constructively.
Further Strategic Actions for Consideration
In addition to these core recommendations, the Review outlines several further actions for the Department of Justice to evaluate and potentially implement:
- Default Participation in EU FSJ Measures
Ireland should aim to participate in justice and home affairs measures by default, opting out only in cases where clear and well-defined national interests are at stake. - Retrospective Review of Non-Participation
A comprehensive review should be undertaken to assess measures under Protocol 21 from which Ireland has previously opted out, with a view to considering accession where appropriate. - Mirroring EU Measures in Domestic Law
Where administrative constraints prevent formal opt-in, consideration should be given to enacting parallel national legislation to reflect EU standards. - Assessment of EPPO Membership
The possibility of joining the European Public Prosecutor’s Office (EPPO) — an independent EU body investigating and prosecuting crimes against the Union’s financial interests — should be explored. - Creation of a Specialized Support Body
A dedicated entity could be established to handle mutual recognition and mutual assistance requests more efficiently, improving Ireland’s operational capacity in cross-border cooperation.
Next Steps
The Department of Justice will now begin evaluating the feasibility of implementing the additional recommendations. This will involve cross-departmental engagement and ongoing consultation with EU partners, in line with Ireland’s legal commitments and strategic priorities.
Minister O’Callaghan concluded:
“Our approach must remain pragmatic and forward-looking. We will continue to cooperate closely with our European partners while protecting our core national interests. Protocol 21 gives us that flexibility, and we intend to use it to its full potential.”
Minister-Jim-OCallaghan-Picture-on-Wikimedia-by-Houses-of-the-Oireachtas
