The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?

Abstract

In the final days of 2020, the European Union and the United Kingdom concluded a Trade and Cooperation Agreement (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU-UK TCA is unique as concerns the circumstances of its negotiation and adoption, as well as its substance. However, contrary to the argument of the EU institutions, the agreement will have broad implications for the understanding of the EU's external competence and Member States' ability to act in areas that are national competence and rely on national budgets. We are critical of the legitimacy of the TCA's conclusion process, consider that the lack of a deep constitutional analysis of the consequences of EU-only conclusion of the TCA, and of the TCA itself, are problematic, and believe that the choices made are likely to create difficulties for the implementation and enforcement of the agreement.

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

“…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. 103-105. 44Pursuant to article 126 of the Withdrawal Agreement, as such meant the period between the date of entry into force of the Agreement and 31 December 2020.…”