Post-Brexit Recognition and Enforcement of Judgements: Problems and Solutions

Abstract

There is a need for the UK and EU to continue mutual assistance in criminal matters. As a Member State, mutual assistance in criminal matters between the UK and EU was primarily governed by an EU convention. This convention builds on existing Council of Europe conventions on mutual criminal assistance. With the UK now outside the EU’s data protection architecture, this may pose a significant hurdle for future cooperation. This article critically analyses the need for a data adequacy decision from the EU for the UK to engage in mutual assistance in criminal matters post-Brexit. To reach a conclusion, the article is set out over three substantive areas considering: mutual assistance and data protection law as it applies to EU Member States; the law underpinning adequacy decisions; and future legal developments post-Brexit. Specific examples of data transfers and the effect of the Trade and Cooperation Agreement are compared and contrasted to adequacy decisions. While provisions of the Trade and Cooperation Agreement and EU Law Enforcement Directive provide some assurances, the article recommends that a data adequacy decision made under the Directive is pursued.