Brexit: First observations on the EU–UK Trade and Cooperation Agreement in criminal law

Abstract

The authors share their first impressions of the EU–UK Trade and Cooperation Agreement in criminal law. After looking at how the Agreement came about and speculating about alternatives, criticism regarding the Agreement is voiced. This concerns the lack of transparency in the legislative process on a general level. Regarding the individual provisions, further points of criticism as well as such of particular interest are identified with reference to the respective articles in this issue. The first impression that the Agreement was developed quickly, without systematic approach, and thus leaves many loopholes and uncertainties, is confirmed. To conclude, however, some positive achievements are also highlighted.

UK–EU law enforcement cooperation post-Brexit: A UK law enforcement practitioner perspective

“…They stated that mutual trust and recognition no longer apply to the UK and have been replaced by a concept where parties respect their autonomy and sovereignty. Schomburg and Oehmichen (2021) highlight positives within the TCA for judicial cooperation. One of these is the proportionality principle, set under Article 5 of the Treaty of the European Union (1992), which states that "action shall not exceed what is necessary to achieve the objectives".…”

“…The political offences exclusion may still prevent the extradition of terrorist offenders, and the nationality principle allows member states, such as Germany and Austria, to refuse to extradite their nationals (O'Meara, 2021). Schomburg and Oehmichen (2021) also reviewed the TCA, predominantly focusing on judicial issues. They stated that mutual trust and recognition no longer apply to the UK and have been replaced by a concept where parties respect their autonomy and sovereignty.…”

“…As previously mentioned, this has been integrated into the framework of the TCA, becoming a requirement for extradition requests and will extend to multiple demands of Mutual Legal Assistance (MLA). However, Schomburg and Oehmichen (2021) argued that the TCA does not explain how authorities within the UK and EU will handle disproportionate requests.…”

European criminal cooperation: Confiscation and protection of human rights in the post Brexit period

“…In paragraph 4, it was added that, at the latest six months before the end of the transitional period identified in paragraph 1, the United Kingdom could have notified the Council of its intention not to accept the powers of the Court of Justice and the European Commission relating to the acts of the former third pillar, with the consequence that those acts would no longer be applicable to him (…)". Judicial cooperation in criminal matters in the context of TCA of 24 December 2020 is seen to be less receptive and based on the path of British exceptionalism (Kaunert, Mackenzie, Lèonard, 2020), where the EU has agreed to define specific forms of collaboration (Schomburg, Oehmichen, 2021). Part III of the TCA defines legislation on the prevention, investigation, detection and prosecution of crimes (Ecks, Leino-Sandberg, 2022), prevention and countering of money laundering and terrorist financing to more reliable evidence such as data on 43Council Decision 2007/845/JHA on cooperation between the offices of the Member States for the recovery of assets in the sector of finding and identifying the proceeds of crime or other related assets, of 6 December 2007, in OJ EU L 332 of 18 December 2007, pp.…”