Brexit: First observations on the EU–UK Trade and Cooperation Agreement1 in criminal law
Author | Anna Oehmichen,Wolfgang Schomburg |
Published date | 01 June 2021 |
Date | 01 June 2021 |
DOI | 10.1177/2032284421996035 |
Subject Matter | Analysis/Opinion |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(2) 193–201
© The Author(s) 2021
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DOI: 10.1177/2032284421996035
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Brexit: First observations
on the EU–UK Trade and
Cooperation Agreement
1
in
criminal law
Wolfgang Schomburg
Ufer Knauer, Berlin, Germany
Anna Oehmichen
Knierim & Kollegen, Mainz, Germany
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.
Keywords
Brexit, Trade and Cooperation Agreement, mutual legal assistance, extradition, cooperatio n in
criminal matters, EU, UK
Corresponding author:
Anna Oehmichen, Knierim & Kollegen, Gutenbergplatz 12, Mainz 55116, Germany.
Email: oehmichena@gmail.com
1. Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community,of the
one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, [2020] OJ L 444/14, <https://
eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2020.444.01.0014.01.ENG> accessed 23 January 2021
(TCA). All provisions cited in this piece without further reference belong to the TCA. As watermarked on each
page of the first published version dated 24 December 2020: This document has been agreed between the European
Union and the United Kingdom and is providedfor information only. No rights may be derived from it until the dateof
application. The numbering of the articles is provisional. This caveat still applies, for instance, Art FINPROV.3 is
followed by Art FINPROV.6,and the numbering is not consecutive t hroughoutthe TCA, leading to several numbers
being used twice (e. g., Art LAW.MUTAS.122 is followed by Art LAW.EXINF.120 etc.). This is wh y, unfortunately,
reference must always be made to the full name of the relevant provision.
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