EU–UK cooperation in criminal matters
Date | 01 June 2021 |
Published date | 01 June 2021 |
Author | Wolfgang Schomburg,Anna Oehmichen |
DOI | 10.1177/2032284421996029 |
Subject Matter | Special Issue Editorial |
Special Issue Editorial
New Journal of European Criminal Law
2021, Vol. 12(2) 184–185
© The Author(s) 2021
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DOI: 10.1177/2032284421996029
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EU–UK cooperation in criminal
matters
On Christmas Eve of the year 2020, the European Union and the United Kingdom of Great Britain
and Northern Ireland reached an agreement in principle: the draft EU–UK Trade and Cooperation
Agreement (TCA). It was made available to the public 3 days later, on 27 December 2020, and
published in the OJ on 31 December 2020. This version, which is ‘provisionally’applicable since 1
January 2021, formed the basis for the contributions in the present issue, including its original
numbering. As this numbering will fall apart, for ease of reference, please find attached to this
editorial a synopsis of the old and new numbering of the relevant Articles. 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 on-going com-
mitment 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:
1. Cf. A. Oehmichen, ‘EU–UK Trade and Cooperation Agreement –An initial overview’(LinkedIn, 30 December 2020)
https://www.linkedin.com/pulse/eu-uk-trade-cooperation-agreement-initial-overview-anna-oehmichen/.
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