Suchergebnisse

INTERNAL SECURITY AND JUDICIAL COOPERATION IN THE EUROPEAN COMMUNITY (EC) HAVE DEVELOPED OUTSIDE THE FRAMEWORK OF TREATIES. THE COMPLETION OF THE SINGLE MARKET AND THE PROVISIONS OF THE MAASTRICHT TREATY MAKE EFFECTIVE INTERNATIONAL COOPERATION ON THESE ISSUES IMPERATIVE. THIS ESSAY EXAMINES THE EC'S SECURITY COMPETENCE; THE SCOPE OF INTERNAL SECURITY POLICY; ASYLUM AND IMMIGRATION; OPERATIONAL ISSUES AND SECURITY COOPERATION WITHIN SCHENGEN AND WITH CENTRAL AND EASTERN EUROPE. IT CONCLUDES THAT STREAMLINING THE MULTIPLICITY OF BODIES ENGAGED IN SIMILAR ACTIVITIES IS IMPERATIVE.

Intro -- Contents -- Abbreviations -- 1 Introduction -- References -- 2 EU-UK Cooperation Before 1 February 2020 -- References -- 3 EU-UK Cooperation During the Transition Period -- 4 EU-UK Cooperation After the Transition Period-State of Play -- 4.1 Withdrawal Agreement -- 4.2 Political Declaration -- 4.3 EU Negotiating Position -- 4.3.1 EU Negotiating Mandate -- 4.3.2 EU Draft Agreement on the New Partnership with the UK -- 4.4 UK Negotiating Position -- 4.4.1 UK Negotiation Mandate -- 4.4.2 UK Draft Agreement on Law Enforcement and Judicial Cooperation in Criminal Matters -- 4.5 Negotiations -- References -- 5 EU-UK Cooperation After the Transition Period-Possible Scenarios -- 5.1 Form of the Future Cooperation -- 5.2 Content of the Future Cooperation -- 5.2.1 Europol -- 5.2.2 Eurojust -- 5.2.3 Criminal Records -- 5.2.4 Prüm-DNA, Dactyloscopic Data and Vehicle Registration Data -- 5.2.5 PNR -- 5.2.6 SIS -- 5.2.7 Surrender -- 5.2.8 MLA Agreement -- 5.2.9 Data Protection -- 5.2.10 Jurisdiction of the CJEU -- References -- 6 Conclusion -- References -- Index.

In the past forty years, the EU has established a very successful and effective civil judicial cooperation scheme that applies to reduce barriers caused by coexistence of different legal systems to smooth cross-border activities and transactions in the single market. This scheme would cease being effective between the UK and other EU Member States after Brexit. The UK government has proposed that the optimal option is to establish a special partnership with the EU to maintain the existing cooperation after Brexit, which is not ecoed by the EU. This article aims to explore the feasibility of establishing such a future partnership in civil judicial cooperation and to examine the existing models that may be followed by the UK. It suggests that neither the Denmark model nor the Lugano II model would work effectively and recommends a unique 'UK model' to establish the future UK–EU civil judicial cooperation partnership.