On 12 May 2021, the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) handed down judgment in the case of WS v Bundesrepublik Case C-505/19. The Court was required to interpret the application of the principle of ne bis in idem, or double jeopardy, as contained in Article 54 […]
In a letter sent to the EU Security and Justice Sub-Committee of the House of Lords earlier this month, the Home Office confirmed that ten EU States will opt-in to the nationality exception in Title VII of Part 3 of the Trade and Cooperation Agreement 2020 (“the TCA”), which makes provision for post-Brexit surrender […]
On Friday 26 March, the European Union Security and Justice Sub-Committee (“the Committee”) published its report Beyond Brexit: policing, law enforcement and security, which examines the impact of the provisions in the Trade and Cooperation Agreement 2020 (“TCA”) on the UK’s policing and law enforcement capabilities. Over the past three months, the Committee has […]
On 15 January 2021, the High Court heard the first challenge to the validity of European Arrest Warrants (“EAW”) received by UK authorities before the end of the transition period on 31 December 2020. The applications for writs of habeas corpus submitted to the court on behalf of five requested persons fall into three categories […]
On 1 December 2020, the Council of the European Union adopted conclusions on the current challenges facing, and the future of, the European Arrest Warrant (EAW) and extradition procedure. The Council concluded that the EAW is a key instrument in the fight against cross-border crime and terrorism. By simplifying and accelerating cross-border judicial co-operation between […]
The NCA has responded to questions posed by the Chair of the Home Affairs Committee on the impact of Brexit on the future of UK security co-operation. In response to the loss of access to the Second Generation Schengen Information System (SIS II), the NCA said that it had recruited and trained over 60 additional […]
Hungary and Poland have voted to block the EU’s trillion euro budget and coronavirus recovery package over a clause which makes receipt of money from Brussels conditional on Member States’ adherence to the rule of law. Both Hungary and Poland have been subject to criticism and EU internal disciplinary procedures in recent months in response […]
Recent legislative developments in Poland have called into question the independence of the judiciary. In response to this, in September 2020, Dutch courts suspended extradition of requested persons to Poland and referred a question to the Court of Justice of the EU (CJEU) seeking clarification as to whether systemic or generalised deficiencies in a Member […]
On 22 October 2020, the Extradition (Provisional Arrest) Act received Royal Assent and partly entered into force. The Act introduces a new power of arrest without the need for a domestic warrant of persons sought for extradition in connection with serious offending where the request comes from a specified country. The NCA will be responsible […]
The Government, yesterday, released a document outlining the UK’s approach to forthcoming Brexit negotiations including the revelation that the UK will not be seeking to remain party to the European Arrest Warrant (“EAW”) regime. The EAW regime came into force across EU states in 2004 and provides for a streamlined process of extradition between participating […]
Jasvinder Nakhwal
Partner
jnakhwal@petersandpeters.com
Tel: +44 (0) 20 7822 7753
Nick Vamos
Partner
nvamos@petersandpeters.com
Tel: +44 (0) 20 7822 7776
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