Data protection and passenger name record in judicial criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Catherine Van de Heyning
Keyword(s):  
United Kingdom ◽  
Data Protection ◽  
Personal Data ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
The United Kingdom ◽  
Record Data ◽  
Criminal Matters ◽  
The Impact ◽  
The Eu

The submission discusses the provisions in the EU–UK Trade and Cooperation Agreement on data protection as well as the consequences for the exchange of passenger name record data in the field of criminal and judicial cooperation. The author concludes that the impact of the Agreement will depend on the resolvement of the United Kingdom to uphold the standards of protection of personal data equivalent to the EU’s in order to reach an adequacy decision.

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

2021 ◽  
Vol 11 (2) ◽  
pp. 148-166
Author(s):  
Rastislav Funta ◽  
Peter Ondria
Keyword(s):  
Law Enforcement ◽  
Data Protection ◽  
Personal Data ◽  
Scientific Article ◽  
European Law ◽  
Judicial Cooperation ◽  
Eu Member States ◽  
The Subject ◽  
Criminal Matters ◽  
The Eu

Abstract The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

EU to United Kingdom moves will fall under any Brexit

2019 ◽  
Keyword(s):  
United Kingdom ◽  
Immigration Policy ◽  
Negative Impact ◽  
Real Wages ◽  
Reduced Pressure ◽  
Content Type ◽  
Freedom Of Movement ◽  
The United Kingdom ◽  
The Impact ◽  
The Eu

Subject UK immigration outlook. Significance Under most Brexit scenarios, freedom of movement between the United Kingdom and the EU-27 will end in December 2020. This will require the United Kingdom radically to reform its immigration policy, both towards EU citizens and, to a lesser extent, non-EU citizens. Impacts Immigration reductions will have a small negative impact on UK public finances, even considering the reduced pressure on public services. There will be some increase in non-EU migration, especially of relatively well-paid workers. There may be some upward pressure on wages in specific sectors, although the overall impact on real wages is likely to be small. A change of prime minister may reduce immigration policy restrictiveness, mitigating the impact without altering the direction of travel.

Prospects for a close EU-UK trade deal are not good

2019 ◽  
Keyword(s):  
United Kingdom ◽  
Financial Services ◽  
Transition Period ◽  
Content Type ◽  
The United Kingdom ◽  
Uk Government ◽  
The Uk ◽  
The Impact ◽  
Limited Period ◽  
The Eu

Subject UK-EU trade talks. Significance The United Kingdom will leave the EU on January 31, 2020, but will abide by EU rules as part of the transition period, which runs to December 31, 2020. During this limited period of time, London and Brussels will seek to negotiate a permanent trading relationship. While the transition deadline can be extended, the UK government has committed not to seek an extension. Impacts The impact of no trade deal or a 'thin' one may force the UK government to increase taxes in order to meet spending pledges. UK financial services will rely on an equivalence deal with the EU; London hopes to agree this by mid-2020. The EU’s future trade policy will focus on having stronger sanction powers as well as legal ones for those that unfairly undercut EU firms.

scholarly journals L’invalidità del Safe Harbor Agreement

2018 ◽  
Author(s):  
Fabiana Accardo
Keyword(s):  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Safe Harbor ◽  
The European Union ◽  
Court Of Justice ◽  
The Us ◽  
Data Protection Law ◽  
The Impact ◽  
The Eu

The purpose of this article is that to explain the impact of the landmark decision Schrems c. Data Protection Commissioner [Ireland] - delivered on 7 October 2015 (Case C-362/2014 EU) by the Court of Justice - on the European scenario. Starting from a brief analysis of the major outcomes originated from the pronunciation of the Court of Justice, then it tries to study the level of criticality that the Safe Harbor Agreement and the subsequently adequacy Commission decision 2000/520/EC – that has been invalidated with Schrems judgment – have provoked before this pronunciation on the matter of safeguarding personal privacy of european citizens when their personal data are transferred outside the European Union, in particular the reference is at the US context. Moreover it focuses on the most important aspects of the new EU-US agreement called Privacy Shield: it can be really considered the safer solution for data sharing in the light of the closer implementation of the Regulation (EU) 2016/679, which will take the place of the Directive 95 /46/CE on the EU data protection law?

Brexit will have mixed impact on the Caribbean

2016 ◽  
Keyword(s):  
United Kingdom ◽  
Export Market ◽  
Regional Economies ◽  
Content Type ◽  
Decision To Leave ◽  
The United Kingdom ◽  
The Caribbean ◽  
The Uk ◽  
The Impact ◽  
The Eu

Subject The impact of Brexit on the English-speaking Caribbean. Significance The Caribbean is a region with strong links to the United Kingdom that will be affected significantly by the UK voters' decision to leave the EU ('Brexit'). The region includes sovereign and non-sovereign countries and both groups will be affected, albeit in different ways. Impacts Caribbean concerns will not be a priority for either the United Kingdom or the EU. Uncertainty may further undermine already weak regional economies. CARICOM will need a new trade accord with the United Kingdom, its main export market.

Brexit will challenge UK civil service

2017 ◽  
Keyword(s):  
United Kingdom ◽  
Civil Service ◽  
Content Type ◽  
The United Kingdom ◽  
Complex Process ◽  
Trade Deals ◽  
The Impact ◽  
The Eu

Subject The impact of Brexit on the civil service. Significance With the formal second reading of the EU Withdrawal Bill in parliament today, UK MPs will start to debate the legislation rescinding the United Kingdom's membership of the EU. London's reluctance to clarify its negotiating position during the Brexit talks with Brussels has led to accusations that the United Kingdom is unprepared for such a complex process, not only politically but administratively, too. Impacts A lack of experienced trade negotiators will hamper the United Kingdom’s ability to conclude trade deals after it has left the EU. Stricter immigration rules for EU nationals would increase the workload of the civil service further. The United Kingdom’s perceived unpreparedness could lower EU trust and confidence.

Wpływ Brexitu na współpracę sądową w sprawach karnych w Unii Europejskiej

2020 ◽  
pp. 35-56
Author(s):  
Anastazja Gajda
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Mutual Recognition ◽  
The European Union ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Unique Position ◽  
The United Kingdom ◽  
European Arrest Warrant ◽  
Criminal Matters

The withdrawal of the United Kingdom from the European Union is one of the main challenges for the continued functioning of the European judicial area in criminal matters. In this article, special attention will be paid to selected aspects of ensuring further judicial cooperation in criminal matters after Brexit. This primarily concerns the possibility of further participation of the United Kingdom in specific organs supporting this cooperation (Eurojust and Europol) and the the application of legal instruments implementing the principle of mutual recognition of judgments, with reference to the flagship legal instrument, i.e. the European arrest warrant. It also presents a unique position of the United Kingdom in the Area of Freedom Security and Justice EU, which that state is guaranteed under the provisions of Treaties.

scholarly journals Projekt reformy ochrony danych osobowych - czy rzeczywiście powstanie jednolity i spójny system?

2014 ◽  
pp. 93-125
Author(s):  
Agnieszka Grzelak
Keyword(s):  
Comparative Analysis ◽  
European Commission ◽  
Data Protection ◽  
Legal Status ◽  
Personal Data ◽  
General System ◽  
Consistent System ◽  
Personal Data Protection ◽  
Criminal Matters ◽  
The Eu

In January 2014 two years passed since the European Commission presented a package of reforms of the system of personal data protection in the EU. Com‑ mission proposed to create, in its opinion, a uniform and consistent system across the EU. The idea of the paper is to answer the question whether the Commission’s proposal to adopt two separate acts (one as a general system, and the second for cooperation in criminal matters and police), should meet the proposed assumptions. In order to analyze that, first the treaty background is presented, then current legal status in the field of personal data in the EU, and finally a comparative analysis of the solutions of the two drafts. The analysis leads to the conclusion that there are serious concerns about the lack of consistency.

Sign in / Sign up

Export Citation Format

Share Document