Disarming a ticking bomb: Can the Withdrawal Agreement ensure EU-UK judicial and police cooperation after Brexit? CEPS Policy Insights No 2018/16, December 2018

Stefan, Marco and Giuffrida, Fabio (2018) Disarming a ticking bomb: Can the Withdrawal Agreement ensure EU-UK judicial and police cooperation after Brexit? CEPS Policy Insights No 2018/16, December 2018. [Policy Paper]

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Abstract

Maintaining strong cooperation in police and criminal justice matters after Brexit is a matter of priority for the EU and the UK. However, the departure of the country from the Union raises the question of whether current EU legislation in the field will still be able to apply to future EU-UK relationships in areas such as extradition, evidence-gathering, and information-sharing. In November 2018, EU and UK negotiators reached a common position on the content of the Withdrawal Agreement, though a few procedural steps are required before its entry into force, notably the approval of the UK Parliament. The Agreement is based on the principle that the UK remains bound during the transition period by EU acts applicable to it upon its withdrawal. Hence, the country will continue to participate in EU agencies, mutual recognition instruments and information-sharing mechanisms until the end of the transition period. The adoption of the Agreement is thus an essential precondition for avoiding ‘cliff-edge’ scenarios where the UK, in the aftermath of Brexit, would be abruptly prevented from exchanging European Arrest Warrants with other member states or from participating in Europol or Eurojust.

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