Thread by @StevePeers

Blogged
Justice and home affairs in the future UK/EU relationship
Detailed analysis of the negotiation positions: eulawanalysis.blogspot.com/2020/02/justic…

1/ Here's a summary of my latest blog post, comparing the UK and EU positions on negotiating the future relationship on justice and home affairs.

2/ It's often suggested that CJEU jurisdiction is a big difficulty in these talks. But the EU has signed treaties in this field with other non-EU countries without demanding CJEU jurisdiction. It has found other ways to protect its (legitimate) interests instead.

3/ A huge question: can the talks on security issues be separated from the talks on economic issues, in the event that the latter go pear shaped?

4/ I have colour coded each issue based on whether talks seem likely to succeed - but without using actual colours. Sue me.

5/ On civil justice, the UK and EU are talking past each other somewhat.

6/ The UK is interested in negotiating family reunion for unaccompanied child asylum seekers. The EU has not expressly said the same. I am unimpressed.

7/ Police cooperation and criminal justice: both sides start out with sackfuls of vanilla.

8/ Somewhat different positions on termination of the treaty for human rights reasons, but this seems capable of resolution.

9/ But on the rule of law, problems in some Member States are matched by noises from the UK government and its acolytes.

10/ A few selected examples from the details of police and criminal justice cooperation. Both sides are in sync on passenger name records...

11/ ...but it's hard to see what can be negotiated as regards the Schengen Information System.

12/ Extradition: a deal is possible, but details could be tricky. I suggest a plot for the worst ever Doctor Who episode.

13/ Finally, also on extradition

Tl;dr I TOLD YOU SO