Extradition under the EU–UK Trade and Cooperation Agreement1. Issue 2 (June 2021)

• Record Type: Journal Article
• Authors: Grange, Edward; Keith, Ben; Kerridge, Sophia
• Other Names: Oehmichen Anna guest-editor.; Schomburg Wolfgang guest-editor.
• Is Part Of: New journal of European criminal law. Volume 12:Issue 2(2021)
• Page Start: 213
• Page End: 221
• Publication Date: 2021-06
• Subjects: Extradition -- surrender -- brexit -- Trade and Cooperation Agreement -- European Arrest Warrant; Criminal law -- Europe -- Periodicals; Criminal law -- Europe -- Cases; 345.4
• DOI: 10.1177/2032284421995583
• Languages: English
• ISSNs: 2032-2844

Abstract

When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or 'surrender' between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU 'Specialised Committee on Law Enforcement and Judicial Cooperation'. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.