General provisions under the EU–UK Trade and Cooperation Agreement
| Published date | 01 June 2021 |
| Author | Sören Schomburg |
| Date | 01 June 2021 |
| DOI | 10.1177/2032284421994921 |
| Subject Matter | Analysis/Opinion |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(2) 202–212
© The Author(s) 2021
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DOI: 10.1177/2032284421994921
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General provisions under the
EU–UK Trade and Cooperation
Agreement
S¨
oren Schomburg
Ufer Knauer, Berlin, Germany
Abstract
In its general provisions, the Trade and Cooperation Agreement (TCA) highlights the importance of
the protection of Human Rights. The article describes the potential impact of the new rules under
the TCA on (international) ne bis in idem and arrest warrants between the UK and E U Member
States. It further explains the role of the Specialised Committee on Law Enforcement and Judicial
Cooperation which is vested with a significant role.
Keywords
Brexit, extradition, mutual legal assistance, EU, human rights, United, Kingdom
Introduction
On 24 December 2020, the European Union agreed the Trade and Cooperation Agreement
1
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, which was provisionally applied
as of 1 January 2021 (the TCA).
Part III of the TCA relates to Law Enforcement and Judicial Cooperation in Criminal Matters. In
this Part III, Titles I and XII contain the overarching ‘general’and ‘other’provisions applicable to all
other titles in this part (see below Objective and Notifications).
In addition to these provisions, the TCA establishes a new ‘Specialised Committee on Law En-
forcement and Judicial Cooperation’(the Committee) which is to take a vital role in the co-ordination
Corresponding author:
S¨
oren Schomburg, Ufer Knauer Rechtsanw¨
alte, Kurfürstendamm 194, Berlin 10707, Germany
1. Trade and Cooperation Agreement betweenthe 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.
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