CEPS-英国脱欧后欧盟与英国之间的刑事司法和警察合作：建立有原则和信任的伙伴关系（英文）-2018.8-192页-1mb

Summary of "Criminal Justice and Police Cooperation between the EU and the UK after Brexit"

Core Content

This report examines the future of criminal justice and police cooperation between the European Union (EU) and the United Kingdom (UK) following Brexit. It outlines the legal, political, and practical challenges that the UK's departure from the EU will pose for the continued operation of these cooperation mechanisms and suggests possible solutions to maintain a principled and trust-based partnership.

Main Views and Key Information

1. Post-Brexit Legal Status and Cooperation Framework

• The UK will become a third country after Brexit, which means it will no longer be part of the EU's legal framework.
• A legal framework must be developed to ensure effective cooperation in security and criminal justice, balancing principled values and rule of law standards.
• The Withdrawal Agreement is essential to avoid a "cliff-edge" situation, where the UK abruptly exits EU cooperation mechanisms without transition provisions.
• The transition period, from Brexit day (29 March 2019) to the end of 2020, will allow time to negotiate post-withdrawal arrangements.

2. EU Law Benchmarks for Cooperation

• The EU Charter of Fundamental Rights and the European Convention on Human Rights (ECHR) are foundational to maintaining trust and cooperation.
• The European Court of Justice (CJEU) will continue to play a role in interpreting EU law and may block any EU-UK agreement that violates these standards.
• The adequacy test will be used to assess whether the UK provides a level of data protection equivalent to EU standards, especially in the context of data exchange for law enforcement.

3. Mutual Recognition Instruments

• The UK's current participation in mutual recognition instruments such as the European Arrest Warrant (EAW) and European Investigation Order (EIO) is based on mutual trust, which is a principle reserved for EU Member States.
• The EU-Norway and Iceland Agreement could serve as a model for future UK-EU extradition agreements, but the UK's non-participation in the Schengen acquis may limit its access to certain instruments.
• The UK's opt-outs from EU law in areas like the Schengen Information System (SIS II) and the European Criminal Records Information System (ECRIS) may affect its ability to fully cooperate with the EU post-Brexit.

4. Data Protection and Interoperability

• The Schrems II ruling established that third countries must ensure a level of data protection essentially equivalent to the EU's standards.
• A guillotine clause may be included in future agreements to automatically terminate cooperation if the UK fails to meet these standards.
• The UK's opt-in to EU interoperability legislation allows it to access EU databases during the transition period, but it will lose this access once it becomes a third country.
• This access raises concerns about the violation of purpose limitation and the protection of personal data, especially in areas like biometric data and national security.

5. Role of EU Agencies and Bodies

• The UK will need ad hoc agreements to continue cooperating with Europol and Eurojust, as it will no longer be a member state.
• The European Public Prosecutor's Office (EPPO) could be a key partner for the UK in future cooperation, especially in areas like asset seizure and confiscation.
• The UK may retain a liaison role with Eurojust and participate in joint investigation teams (JITs), but its influence will likely diminish.

6. Future Cooperation Models

• A new treaty or sectoral agreements may be necessary to formalise a post-Brexit partnership in security and justice.
• The report highlights the importance of "soft" cooperation measures, such as secondments of officials and informal information sharing, to maintain trust.
• However, informal cooperation without clear legal frameworks may violate rule of law principles and fundamental rights.

7. Role of the Court of Justice

• The Court of Justice of the European Union (CJEU) will continue to have jurisdiction over EU law and may challenge any post-Brexit agreement that does not align with EU standards.
• The CJEU's case law will remain a key reference point for interpreting the legality of UK requests for cooperation.

Conclusion

The report emphasizes that the future of EU-UK cooperation in criminal justice and police matters will depend on the UK's compliance with EU law and the ECHR. A principled and trust-based partnership must be built on legal equivalence, mutual respect, and transparent procedures. The development of new legal instruments and sectoral agreements will be essential to ensure smooth and effective cooperation post-Brexit.