Brexit and Scots Law: Policing and Criminal Justice
| DOI | 10.3366/elr.2018.0465 |
| Published date | 01 January 2018 |
| Author | |
| Date | 01 January 2018 |
| Pages | 138-144 |
Police and judicial cooperation in criminal matters (“PJCCM”) is a key dimension of Brexit. Fighting crime is an example of where co-operation amongst member states has proved particularly successful, with many instruments adopted by the European Union (“EU”) over the years. The United Kingdom's (“UK”) participation in this area of law has been far from linear, with it enjoying a privileged regime of opt-ins and opt-outs. However, the benefits of this close cooperation for both the UK
In a paper expressing its Brexit negotiating position on security and law enforcement, the UK Government identified three main priorities: continued cooperation to facilitate data-driven law enforcement, through the use of shared databases;
To understand the potential role for Scotland in the future of PJCCM after Brexit, the peculiar position of the UK in relation to this area of EU law is first outlined. Then in Section C, the impact of Brexit on UK – and Scotland especially – in relation to criminal justice will be addressed first, by outlining how EU law obligations map (messily) on to the UK, thereby encouraging legal and operational co-operation north and south of the border and second, by reflecting on the impact of the European Union (Withdrawal) Bill (“the Bill”) should it be adopted in its current form. Finally, possible scenarios will be outlined as to how inter-state cooperation in police and criminal justice between the UK and the EU might operate after Brexit. Scotland's role here would be to feed its preferred options into the UK negotiating line.
The provisions concerning PJJCM are included in Chapters 4 and 5, Title V (devoted to the Area of Freedom Security and Justice, or “AFSJ”) of the Treaty on the Functioning of the European Union (TFEU).
On the basis of these provisions, and the corresponding ones in previous Treaties, the EU has adopted many instruments, mainly in the following areas: approximation of rules of substantive and procedural criminal law;
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