EU–UK cooperation in criminal matters

Abstract

The TCA is already 'provisionally' applicable as of 1 January 2021. On the EU side, the legislative process, including required notifications from all EU Member States, is not yet finalised at the date of writing this editorial (31 January 2021). The UK has already implemented the TCA into its domestic legislation. It published the European Union (Future Relationship) Bill on 29 December 2020, accepted by its Parliament 1 day later. Just on time, by 31 December 2020, the European Union (Future Relationship) Act 2020 came into force. After publishing a first general commentary on social media 1 in relation to Part III of the TCA, which addresses law enforcement and cooperation in criminal matters, an extraordinarily strong feedback showed that a quick, yet more thorough in-depth analysis and commentary of this bulk of new and confusing provisions is necessary. To our great delight, Irene Wieczorek and Vania Costa Ramos of NJECL were immediately enthusiastic about this idea. Without their ongoing commitment and the full support of the NJECL this publication would not have been possible in the envisaged short period of time. We are also extremely grateful to our co-authors, all recognised international criminal law experts. In a joint effort, we managed to complete this difficult task, and are happy to present a provisional analysis of a provisional text already now. It is important to take a closer look at the TCA's provisions governing criminal law, since they are not only difficult to digest, but, more importantly, they are already applied in practice. Uncertainties in interpretation and regulatory gaps run like a red thread through all the compiled essays. The most striking, however, remains the actual threat the TCA poses to human rights, which can hardly be underestimated. This threat is manifested particularly in three aspects: