City Research Online

Abstract

During membership, the UK was the leading protagonist of ‘disrupted integration’ within the Area of Freedom, Security and Justice. Part 3 of the Trade and Cooperation Agreement (TCA) replaces differentiation with a ‘new old’ form of intergovernmental cooperation in justice and home affairs. The substance does simulate – to varying degrees – the EU law acquis in areas such as Passenger Name Records, Europol and Eurojust, and extradition. The protection of fundamental rights – in particular on data protection – has been embedded into the provisions. Part 3 also mandates future dynamic development of EU-UK security cooperation. However, the structures for governance and dispute resolution exclude any role for supranational political and legal institutions. Instead, the paradigm of diplomatic intergovernmentalism of the old Third Pillar of the European Community has been resurrected.

Publication Type:	Monograph (Working Paper)
Additional Information:	This paper was first published by the Brexit Institute at Dublin City University
Publisher Keywords:	Brexit, TCA, Justice and Home Affairs, AFSJ, EU-UK future relationship
Subjects:	H Social Sciences > HC Economic History and Conditions H Social Sciences > HN Social history and conditions. Social problems. Social reform J Political Science > JN Political institutions (Europe) J Political Science > JX International law J Political Science > JZ International relations K Law > KD England and Wales K Law > KZ Law of Nations
Departments:	The City Law School The City Law School > Academic Programmes The City Law School > Institute for the Study of European Laws
SWORD Depositor:	Symplectic Administrator

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