Skip to main content

Lund University Publications

LUND UNIVERSITY LIBRARIES

The Impact of Brexit on EU Criminal Procedural Law – A new dawn?

Engel, Annegret LU (2021) In European Papers 6(1). p.513-526
Abstract
This article provides an analysis of how the UK’s withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU’s perspective, the loss of a “critical” partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK’s membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new “streamlined” procedures and other... (More)
This article provides an analysis of how the UK’s withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU’s perspective, the loss of a “critical” partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK’s membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new “streamlined” procedures and other “simplified” arrangements for the exchange of information and cooperation. This raises questions as regards the possibility for monitoring the UK’s compliance as well as the enforceability of any procedural guarantees given. In addition, the inherent danger of the UK’s departure comes in the shape of a discontinuity of upholding similar values as those applied by the EU (e.g. fundamental rights) and thus a further drifting apart of both sides. Essentially, it is argued in this contribution that this constitutes the opposite of the relationship with other third countries, which is usually characterised with progressive alignment, and should therefore be approached with great caution from an EU perspective for the conclusion of the negotiations on the future relationship. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
EU law, Draft Agreement, Criminal procedural law, Differential integration, Cooperation between Member States, Fundamental rights standards, Brexit, EU-rätt, Processrätt
in
European Papers
volume
6
issue
1
pages
513 - 526
publisher
European Paper
external identifiers
  • scopus:85111386194
ISSN
2499-8249
DOI
10.15166/2499-8249/480
language
English
LU publication?
yes
id
6a38ea43-3320-46c3-9612-e85ee8e5b0cd
date added to LUP
2020-10-06 15:00:20
date last changed
2021-10-06 03:27:11
@article{6a38ea43-3320-46c3-9612-e85ee8e5b0cd,
  abstract     = {This article provides an analysis of how the UK’s withdrawal from the European Union is going to impact on EU criminal procedural laws. From the EU’s perspective, the loss of a “critical” partner may lead to more harmonised cooperation between the remaining Member States and thus less intergovernmental features in this area in the long term. More crucially however, the future relationship between the EU and the UK poses certain difficulties as the procedural arrangements to be put in place cannot simply replicate the pre-Brexit status of the UK’s membership. According to the Draft Agreement on the New Partnership with the UK, mechanisms such as the European Arrest Warrant are to be replaced by new “streamlined” procedures and other “simplified” arrangements for the exchange of information and cooperation. This raises questions as regards the possibility for monitoring the UK’s compliance as well as the enforceability of any procedural guarantees given. In addition, the inherent danger of the UK’s departure comes in the shape of a discontinuity of upholding similar values as those applied by the EU (e.g. fundamental rights) and thus a further drifting apart of both sides. Essentially, it is argued in this contribution that this constitutes the opposite of the relationship with other third countries, which is usually characterised with progressive alignment, and should therefore be approached with great caution from an EU perspective for the conclusion of the negotiations on the future relationship.},
  author       = {Engel, Annegret},
  issn         = {2499-8249},
  language     = {eng},
  number       = {1},
  pages        = {513--526},
  publisher    = {European Paper},
  series       = {European Papers},
  title        = {The Impact of Brexit on EU Criminal Procedural Law – A new dawn?},
  url          = {http://dx.doi.org/10.15166/2499-8249/480},
  doi          = {10.15166/2499-8249/480},
  volume       = {6},
  year         = {2021},
}