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Spotlight ECJ Ruled on Fundamental Rights Test for Surrenders to the United Kingdom 
23 October 2024 (updated 1 year, 4 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2024
On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant. Read more
EU Fundamental Rights Brexit European Arrest Warrant Judicial Cooperation
Brexit: EP Criticises Commission’s Draft Adequacy Decisions 
29 June 2021
Thomas Wahl Thomas Wahl
In a resolution adopted on 21 May 2021 with a narrow majority of 344 against 311 votes, the European Parliament found that the European Commission’s assessment of the UK data protection law and practice is incomplete and inconsistent with the CJEU’s requirements for adequacy decisions. … Read more
EU Brexit Data Protection
Brexit: EP Formally Approves TCA and Requests its Involvement in Implementation 
28 April 2021
Thomas Wahl Thomas Wahl
On 27 April 2021, the EP consented to the EU-UK Trade and Cooperation Agreements. This formal approval paves the way for the agreement to enter into force permanently on 1 May 2021. In an accompanying resolution, the EP assesses in detail the different chapters and topics of the TCA and highlights several issues regarding future cooperation in justice and home affairs and the protection of the EU's financial interests. Read more
EU Brexit
Brexit: Eurojust Note on Judicial Cooperation with the UK 
1 April 2021 (updated 5 years, 5 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
On 28 January 2021, Eurojust published a note for judicial practitioners on future cooperation in criminal matters with the United Kingdom. This practical guidance provides an overview of the old, transitional, and new regimes and their respective application. It sets out the applicable … Read more
EU Brexit Eurojust
Commission Takes First Steps for International Data Flows Post-Brexit 
20 March 2021
Thomas Wahl Thomas Wahl
After the UK finally left the EU on 1 January 2021, the rules for international data transmission in the General Data Protection Regulation No. 2016/679 (GDPR) and the Directive on the exchange of personal data between law enforcement authorities No. 2016/680 (LED) will apply. Both … Read more
EU Area of Freedom, Security and Justice Brexit
Spotlight Brexit: EU-UK Trade and Cooperation Agreement – Impacts on PIF and JHA in a Nutshell 
3 March 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
This Spotlight gives an overview of the main provisions of the EU-UK Trade and Cooperation Agreement that was concluded on Christmas eve 2020 as far as issues related to the protection of the EU's financial interests and cooperation in the area of justice and home affairs is concerned. The Agreement will regulate the future (close) relationship between the EU and the UK after the Brexit as of 1 January 2021. It also includes hints where to find summaries and provides a first assessment. Read more
EU Brexit
Brexit: Commission Advises Stakeholders to Be Ready on 1 January 2021 
13 August 2020
Thomas Wahl Thomas Wahl
On 9 July 2020, the Commission published a Communication that aims at preparing public administrations, businesses, and citizens to the inevitable changes in the wake of Brexit, which will occur after the end of the current transition period on 1 January 2021. The Communication provides … Read more
EU Area of Freedom, Security and Justice Brexit
Brexit – The Way Forward 
1 April 2020
Thomas Wahl Thomas Wahl
After the United Kingdom left the EU on 31 January 2020, the EU set its position for the future relationship after the end of the transition period on 31 December 2020. Read more
EU Brexit
CJEU Paves Way to Exit from Brexit 
18 February 2019
Thomas Wahl Thomas Wahl
The United Kingdom is free to unilaterally revoke the notification of its intention to withdraw from the EU. Unanimous approval by the European Council regarding this revocation is not necessary. This was the response of the CJEU plenary to a request for a preliminary ruling by the Scottish Court of Session. Read more
EU Area of Freedom, Security and Justice Brexit
Brexit: Citizens Fail Before European Court 
16 January 2019
Thomas Wahl Thomas Wahl
On 26 November 2018, the General Court (GC) delivered its judgment in an action for annulment by way of which the applicants wanted to stop Brexit progress. In the case at issue, 13 British citizens residing in EU Member States other than the UK applied … Read more
EU Fundamental Rights Area of Freedom, Security and Justice Brexit