Brexit: European Commission publishes Position Papers: Justice and Home Affairs
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The Commission has published three Position papers on the effect of the UK's withdrawal from the EU - whether or not these will be replaced later is not known at this stage of the negotiations:
Position paper on Ongoing Police and Judicial Cooperation in Criminal matters (12 July 2017, pdf):
"The following general principles should apply in accordance with Union law, as interpreted by the Court of Justice of the European Union on the date of entry into force of the Withdrawal Agreement."
Thirteen measures including: European Arrest Warrant, European investigation order, ECRIS and Passenger name records.
Position paper on Ongoing Union Judicial and Administrative Procedures (12 July 2017, pdf):
"The Withdrawal Agreement should provide for arrangements relating to proceedings before the Court of Justice involving the United Kingdom, and/or United Kingdom residents/legal persons (I(1)), and administrative procedures before Union institutions, bodies, offices and agencies concerning the United Kingdom, and/or United Kingdom residents/legal persons (II(1)), which are ongoing on the withdrawal date, as well as for arrangements relating to judicial proceedings and administrative procedures initiated after the withdrawal date and relating to facts that occurred before the withdrawal date (I(2); II(2))." A Footnote says:
"The arrangements dealt with in this paper are without prejudice to the possibility, e.g., for the Court of Justice to consider, on a case by case basis, that a preliminary question addressed to it by a court in the United Kingdom can no longer be adjudicated by the Court of Justice for lack of substantive Union law applicable to the case after the United Kingdom's withdrawal."
Position paper transmitted to EU27 on Ongoing Police and Judicial Cooperation in Criminal matters (28 June 2017, pdf) Covers:
"General Data Protection Regulation (EU) 2016/679;
- Directive (EU) 2016/680;
- Sectorial Union legislation in the area of police and judicial cooperation in criminal matters.
- Classified information."
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