'Leaked' document says future UK/EU27 #extradition arrangements is a 'UK WIN'. Arrangements said to be based on Norway & Iceland model which was agreed in principle in 2006 but took another 13 years to come into force. May not therefore be in force for some time...... Image
However, the government could take comfort from the fact that we are currently (for another week) part of the EAW system and have been since its inception. Negotiations may therefore not be as protracted as the governments of Norway and Iceland experienced.
BUT...Art 37 of the Norway/Iceland agreement requires them to ‘keep under review’ the development of the case law of the CJEU. No mention of CJEU here. Submission to CJEUs jurisdiction considered by Gov to be a political ‘red line’ that would not form part of Brexit settlement.
Still the possibility of a declaration being made by an EU Member State to the effect that nationals will not be surrendered or that surrender will be authorised only under certain specified conditions for own nationals. Relevant to extradition requests sent by the UK to EU.
Not quite the ‘UK WIN’ it’s being portrayed as.

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More from @ExtraditionLaw

26 Dec
What does the Trade and Cooperation Agreement mean for the UKs #extradition arrangements with the EU27?

Lets take a quick look

Thread
A reminder of the respective positions of the UK and the EU in their negotiations that the UK Government considered a 'UK WIN' Image
As rightly said by @StevePeers, the reality is that the Agreement appears to be closer aligned to the EUs objectives, particularly given the EU wins in relation to dual criminality, ability to determine applicability for political offences and surrender for own nationals. EU WIN?
Read 22 tweets

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