Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement1
| Author | Wolfgang Schomburg,Anna Oehmichen,Katrin Kayß |
| Published date | 01 June 2021 |
| Date | 01 June 2021 |
| DOI | 10.1177/2032284421995933 |
| Subject Matter | Analysis/Opinion |
Analysis/Opinion
New Journal of European Criminal Law
2021, Vol. 12(2) 246–256
© The Author(s) 2021
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DOI: 10.1177/2032284421995933
journals.sagepub.com/home/nje
Humanrightsandtheruleof
law in judicial cooperation in
criminal matters under the
EU–UK Trade and
Cooperation Agreement
1
Wolfgang Schomburg
Ufer Knauer, Berlin, Germany
Anna Oehmichen
Knierim & Kollegen, Mainz, Germany
Katrin Kayß
Knierim & Kollegen, Mainz, Germany
Abstract
As human rights have increasingly gained importance at the European Union level, this article
examines the remaining scope of human rights protection under the EU–UK Trade and Co-
operation Agreement. While some international human rights instruments remain applicable, the
Charter of Fundamental Rights of the European Union did not become part of the Trade and
Cooperation Agreement (TCA). The consequences, especially the inapplicability of the inter-
nationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in
general as well as the specific conditionality for judicial cooperation in criminal matters are dis-
cussed. In this context, the risk that cooperation may cease at any moment if any Membe r State or
the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the
problem of the lack of judicial review, as the Court of Justice of the European Union is no longer
competent.
Corresponding author:
Katrin Kayß, Knierim & Kollegen, Gutenbergplatz 12, Mainz 55116, Germany.
Email: kayss@knierim-kollegen.com
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, available at
<https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2020.444.01.0014.01.ENG> accessed 28 January
2021.
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