1/x The latest Commission slides on the EU/UK future relationship concern policing and criminal law. ec.europa.eu/commission/pub…
Some thoughts
Some thoughts
2 The Commission wants a highly curtailed UK access to Europol. No specific mention of UK access to the Schengen Information System or EU law on criminal records exchange. Possibly fast track extradition and mutual assistance but seemingly not EU law as such. 
3 Proposed safeguards include dispute settlement and data protection adequacy, which are normal EU requirements, and ECHR compliance, which is not - although the UK denouncing the ECHR would likely cause legal problems in practice.
4 Critique of the UK position is flawed in several ways. Not clear how the UK requests asymmetry (besides no CJEU jurisdiction, but the EU has accepted that before). Integrity of JHA point unconvincing (it exists with partial participation of some EU & non-EU countries already)
5 Apparent demand for CJEU jurisdiction ignores past EU precedent of not demanding it in this area. Assertion that mutual trust can only apply within the EU is false: CJEU ruling in NS case says mutual trust can apply to non-EU countries if they sign up to ECHR and Refugee Conv.
6 Misleading. The CJEU has final say on interpretation of EU law *within the EU*. EU and CJEU have accepted it doesn't have jurisdiction over EU law applied by non-EU countries (EEA, Schengen associates). UK not like a MS as it wouldn't have a vote.
7 Overall unimpressive. Fails to consider UK contribution of data, return of fugitives, etc. Lip service to security concerns, but mostly concerned about ideological constructs. Misstates law & overlooks EU precedent with non-EU countries in this field. If student essay: low 2:2
