Year: 2024
Type: article
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.
Author: Rebecca Niblock
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405614364