A non-exhaustive list of justice-related Orders and Regulations to be amended by Statutory Instrument has been made available.
Background
The UK left the EU on 31 January 2020 on the terms set out in the Withdrawal Agreement, including the Protocol on Ireland/Northern Ireland.
Although the UK is no longer a member of the EU, the Withdrawal Agreement provided for a transition period up to 31 December 2020.
On 24 December, the EU and UK negotiating teams reached agreement in principle on a Trade and Cooperation Agreement, which came into effect from the end of the transition period. The Agreement provides for tariff-free, quota-free trade, and for sectoral cooperation in a number of important areas.
Co-operation on law enforcement and criminal justice
The Agreement also includes co-operation on law enforcement and criminal justice. In particular, the EU and the UK have agreed to establish a new framework for law enforcement and judicial cooperation in criminal matters. This will allow for strong cooperation between national police and judicial authorities, including with respect to mutual legal assistance and extradition.
The Agreement commits the EU, its Member States and the United Kingdom to continue to respect democracy and the rule of law, and protect and give domestic effect to fundamental rights such as those set out in the European Convention on Human Rights (ECHR).
The Agreement also includes a bridging mechanism, subject to certain conditions, pending the adoption of data protection adequacy decisions, such that for a specified period transmission of personal data from the EU to the UK is not regarded as a transfer to a third country.
Post-Brexit legal landscape
As part of the Department of Justice’s commitment to helping Ireland get Brexit-ready, and to reduce its effect as much as possible, the Department has been working with stakeholders to identify issues that may affect the sector post-Brexit.
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This article originally appeared in the 19 January 2021 member eZine. For more information, and to subscribe, visit eNewsletters.