Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement1. Issue 2 (June 2021)

• Record Type: Journal Article
• Authors: Schomburg, Wolfgang; Oehmichen, Anna; Kayß, Katrin
• 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: 246
• Page End: 256
• Publication Date: 2021-06
• Subjects: Human rights -- EU -- UK -- Brexit -- Trade and Cooperation Agreement -- Charter of Fundamental Rights -- European Convention of Human Rights -- internationalised ne bis in idem -- conditionality -- Court of Justice of the European Union -- judicial review -- judicial cooperation in criminal matters -- extradition -- mutual legal assistance; Criminal law -- Europe -- Periodicals; Criminal law -- Europe -- Cases; 345.4
• DOI: 10.1177/2032284421995933
• Languages: English
• ISSNs: 2032-2844

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 Cooperation 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 internationalised 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 discussed. In this context, the risk that cooperation may cease at any moment if any Member 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.