Post-Brexit extradition arrangements: the UK perspective on the TCA

This article examines the impact of Brexit on extradition arrangements with EU member states, focusing on how the Trade and Cooperation Agreement (TCA) has been implemented through the EU (Future Relationship) Act 2020.It highlights the interpretative challenges arising from the implementation provisions and explores how cases have addressed issues of proportionality and mutual trust.The surrender provisions of the TCA were unexpectedly robust, offering an extradition framework akin to the Norway-Iceland agreement but negotiated and enacted with remarkable speed.Extradition courts have generally followed this approach.However, the divergence between the TCA and domestic law, coupled with the opaque wording of section 29 of the EUFRA, raises unresolved questions likely to surface in future litigation.

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Publication Details

Journal
Transnational Criminal Law Review
Published
2024-12-19
DOI
https://doi.org/10.22329/tclr.v3i1.8482
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

Post-Brexit extradition arrangements: the UK perspective on the TCA

Rebecca Niblock
Transnational Criminal Law Review
European Criminal Justice and Data Protection
article

Post-Brexit extradition arrangements: the UK perspective on the TCA

Rebecca Niblock
article en

Abstract

This article examines the impact of Brexit on extradition arrangements with EU member states, focusing on how the Trade and Cooperation Agreement (TCA) has been implemented through the EU (Future Relationship) Act 2020.It highlights the interpretative challenges arising from the implementation provisions and explores how cases have addressed issues of proportionality and mutual trust.The surrender provisions of the TCA were unexpectedly robust, offering an extradition framework akin to the Norway-Iceland agreement but negotiated and enacted with remarkable speed.Extradition courts have generally followed this approach.However, the divergence between the TCA and domestic law, coupled with the opaque wording of section 29 of the EUFRA, raises unresolved questions likely to surface in future litigation.

Transnational Criminal Law ReviewVol. 3(1)
Kingsley House (US)
Openalex Percentile: Top 62%
European Criminal Justice and Data Protection
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Post-Brexit extradition arrangements: the UK perspective on the TCA — Rebecca Niblock · Transnational Criminal Law Review (2024) | TGRS Research Map | TGRS