Extradition under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199558
Author(s):  
Edward Grange ◽  
Ben Keith ◽  
Sophia Kerridge
Keyword(s):  
Law Enforcement ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Eu Member States ◽  
European Arrest Warrant ◽  
The Future ◽  
The Uk ◽  
The Impact ◽  
The Eu

When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or ‘surrender’ between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU ‘Specialised Committee on Law Enforcement and Judicial Cooperation’. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.

General provisions under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199492
Author(s):  
Sören Schomburg
Keyword(s):  
Law Enforcement ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Eu Member States ◽  
Ne Bis In Idem ◽  
Protection Of Human Rights ◽  
Potential Impact ◽  
The Uk ◽  
The Eu

In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of the protection of Human Rights. The article describes the potential impact of the new rules under the TCA on (international) ne bis in idem and arrest warrants between the UK and EU Member States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial Cooperation which is vested with a significant role.

Opting in and Opting Out: Doing the Hokey Cokey with EU Policing and Judicial Cooperation

2013 ◽  
Vol 77 (6) ◽  
pp. 543-561 ◽  
Author(s):  
Carole McCartney
Keyword(s):  
Criminal Law ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Eu Member States ◽  
Vehicle Registration ◽  
Opt Out ◽  
European Arrest Warrant ◽  
Uk Government ◽  
The Uk ◽  
Dna Profiles

Policing and judicial cooperation across international borders is now an expectation, and within the EU, is often mandated, but the desirability of criminal justice cooperation between EU Member States and the UK is now debated. This article examines recent UK political interventions in the field of EU criminal law. This has focused upon the so-called ‘block opt-out’ decision whereupon the UK government has to choose whether to ‘opt out’ en masse of all unamended policing and criminal law instruments entered into prior to the 2009 Lisbon Treaty (under Article 10(1) of Protocol 36). The article will look in particular at two EU instruments central to the ongoing and future development of EU policing and judicial cooperation: the European Arrest Warrant and the exchange of forensic DNA profiles, fingerprints and vehicle registration details under the Prüm Treaty. While the UK government is asserting (at the time of writing) that it is to opt back ‘in’ to the European Arrest Warrant, it is refraining from opting back in (so remaining ‘out’) of the Prüm Treaty. Examining the rationales for the use of the opt-out, and the decisions in respect of each of these instruments, the article will ask whether the choice to ‘opt out’ can be reconciled with the aspiration of securing an EU Area of Freedom, Security and Justice, and whether it is appropriate that the UK should be doing the ‘hokey cokey’ with EU policing and judicial cooperation.

scholarly journals Modern Trends of Development and Improvement by Means of Unification of the Judicial Extradition Procedure of Persons Who Have Committed Crimes of a Terrorist Nature

2017 ◽  
pp. 124-126
Author(s):  
Дарья Кошкина ◽  
Darya Koshkina
Keyword(s):  
Law Enforcement ◽  
International Relations ◽  
International Terrorism ◽  
Main Trend ◽  
Member States ◽  
Arrest Warrant ◽  
Counter Terrorism ◽  
Eu Member States ◽  
European Arrest Warrant ◽  
The Eu

The article considers the modern trends of development of mechanisms of regulation of international relations on the example of the judicial extradition procedure of persons who have committed crimes of a terrorist nature, which is one of the key instruments to counter international terrorism. So, the author identified the harmonization of the national legislation of the EU Member States as the main trend as well as in other interregional organizations. A typical example is the European arrest warrant (EAW), introduced by the Framework decision “On the European arrest warrant and the surrender procedures between EU Member States” of 2002. The author analyzed the regulatory counter-terrorism documents of the main interregional organisations and came to conclusion that harmonization of national legislations on issues of legal support of the extradition of persons who have committed the terrorist crimes, is a really necessary measure to ensure international cooperation between different States, including at the level of law enforcement, in matters of anti-terrorist activities. In addition, the article provides relevant examples from law enforcement practices relating to extraterritorial terrorist activities. The author analyzed the motivations of the State to unify their national legislations on improving the effectiveness of legal measures to counter international terrorism.

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.

Hard Way from Extradition to European Arrest Warrant

2010 ◽  
pp. 22-31
Author(s):  
O. Potyomkina
Keyword(s):  
Mutual Recognition ◽  
Criminal Cases ◽  
Judicial Cooperation ◽  
Arrest Warrant ◽  
Freedom Of Movement ◽  
Existing Problems ◽  
Judicial Decisions ◽  
European Arrest Warrant ◽  
National Boundaries ◽  
The Eu

The article is referred to a hard way of the European Arrest Warrant adoption, which became the first tool in the field of judicial cooperation on criminal cases having embodied the judicial decisions mutual recognition principle. The foundation of a single European Arrest Warrant with due regard to all existing problems of its appliance is a significant breakthrough in the EU states cooperation, given that it forces them to rely on each other's legislation. The European Warrant was designed to efface national boundaries in the sphere of court cooperation, to establish a "freedom of movement" and a single market of judicial decisions.

Implementation of European Arrest Warrant in Croatia: A Risk for the Functioning of Judicial Cooperation in Criminal Matters in the eu?

2015 ◽  
Vol 23 (3) ◽  
pp. 258-280 ◽  
Author(s):  
Tomislav Sokol
Keyword(s):  
Public Attention ◽  
Judicial Cooperation ◽  
Member States ◽  
Arrest Warrant ◽  
Legal Principles ◽  
Framework Decision ◽  
European Arrest Warrant ◽  
Definition Of ◽  
Criminal Matters ◽  
The Eu

Croatian accession to the eu included the implementation of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The way Croatia implemented the eaw Framework Decision, however, has resulted in controversies and public attention, both in Croatia and other Member States, revealing many problems within the system of judicial cooperation in criminal matters within the eu. The aim of the paper is to investigate the implementation of the eaw Framework Decision within Croatia; to determine whether the manner in which the said Member State has carried out the implementation has highlighted a risk for the functioning of judicial cooperation in criminal matters within the eu; and which legal measures should be used in order to prevent disintegration of the cooperation from happening. Several legal measures are proposed, both on the national and the European level, to prevent the risk of further undermining the system of judicial cooperation within the eu. These measures are presented within the context of several overarching legal principles like (providing clearer definition of the notion of) non-verification of double criminality and protection of legal interests of the Member States issuing the European Arrest Warrant.

The Implications of Brexit for Future EU Environmental Law and Policy

elni Review ◽  
2017 ◽  
pp. 11-16
Author(s):  
Céline Charveriat ◽  
Andrew Farmer
Keyword(s):  
Environmental Law ◽  
Law And Policy ◽  
The Future ◽  
Overseas Country ◽  
The Subject ◽  
Overseas Territories ◽  
The Uk ◽  
The Impact ◽  
The Eu ◽  
Environmental Law And Policy

Brexit is an unprecedented event for the EU. No Member State has ever left the Union previously. At most, overseas territories with small populations have changed status, such as Greenland (Denmark) in 1985 and the Outermost Region Saint Barthélemy (France), which became an Overseas Country and Territory (OCT) in 2012. These cases may have limited lessons for the UK adapting its legislation post-Brexit, as they did not impact EU decision making and law and, therefore, are not precedents for the subject of this paper. There has been quite a lot of analysis on the possible consequences of Brexit for the future of UK environmental law. However, less attention has been given to the implications Brexit may have for the future of EU environmental law and policy. This paper presents some thoughts on this subject. It begins with a consideration of the impact of Brexit on the general political and economic atmosphere of EU environmental policy making. The paper then considers the issues of trade and the external border. Some specific policy areas are examined, including chemicals, climate policy and agriculture. The paper ends by considering the implications of a possible future dispute mechanism with the UK.

EU integration will deepen incrementally post-Brexit

2018 ◽  
Keyword(s):  
Law Enforcement ◽  
Content Type ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Eu Integration ◽  
Public Debates ◽  
The Future ◽  
One Year ◽  
European Parliament Elections ◽  
The Eu

Subject The EU's post-Brexit architecture. Significance Just over one year ago, leaders of the remaining 27 EU member states met in Rome to mark the 60th anniversary of the founding of the EU's forerunner and launched a debate on the future of their Union. They set out a roadmap for dialogue, with the aim of agreeing a plan for future development of the EU before the European Parliament elections in May 2019. Impacts Public debates about the future of the EU may give voters a sense of ownership and dissuade them from supporting Eurosceptics. As the Commission becomes more politicised, some governments may claim that Commission law enforcement actions are politically motivated. Debate over the 2021-27 budget may lead to fresh conflicts as some governments want to link EU subsidies to respect for the rule of law.

Introduction

2020 ◽  
pp. 1-17
Author(s):  
Scott James ◽  
Lucia Quaglia
Keyword(s):  
Financial Regulation ◽  
Single Market ◽  
Preliminary Assessment ◽  
The Future ◽  
Multi Level ◽  
The Uk ◽  
The Impact ◽  
The Eu ◽  
Regulatory Reforms

This chapter outlines the theoretical and empirical puzzles that inform the book, its objectives, overall argument, and structure. It sets out to explain the changing preferences and influence of the UK in shaping multi-level financial regulation. In particular, the book addresses two empirical questions. Why has the UK favoured increasingly stringent regulation in certain financial sectors since the crisis, but not in others? Why has the UK led international and EU-level regulatory reforms in some areas, but has resisted these initiatives in other areas? The chapter also outlines the book’s ambition to undertake a preliminary assessment of the impact of Brexit on the future of UK financial regulation, focused on two questions. Why has the UK decided to withdraw from the EU single market in services, including finance? How is Brexit likely to impact on the UK’s regulatory preferences and ability to shape multi-level financial regulation?

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