European Parliament Study on the Implications of Brexit for the Area of Freedom, Security and Justice in the EU coordinated by Associate Tenant, Susie Alegre, is published

The Study looks at some of the issues that will need to be discussed and considered in the next phase of negotiations - migration policy, judicial cooperation in family and criminal law, police cooperation and data protection for security and law enforcement.  It concludes that the impact of Brexit in these fields is complex and there may be a need for the EU to balance immediate operational needs with wider implications for policy development and greater integration in the EU in some areas. 


On an operational level, to ensure continued police and judicial cooperation is possible after Brexit, there is an urgent need to address some legal issues relating to cross-border cooperation including transitional arrangements around the European Arrest Warrant, whether at an institutional level (such as agreements with Eurojust) or on a bilateral level with Member States. The technical issues of transitional provisions to be included in the Withdrawal Agreement should be discussed as soon as possible in order to provide legal certainty for ongoing proceedings.


Many of the AFSJ areas affect the daily lives of people. Family law should not be considered an area of negotiation subject only to the principle of reciprocity. Whatever the UK position in this area might be, European families should not be held hostage to the political turbulence surrounding Brexit. The EU should explore ways of ensuring, to as great an extent as possible, legal certainty in the EU27 following Brexit.


The EU will need to bear in mind the implications of the decisions it makes on the AFSJ for the integrity of EU law. To ensure that Brexit does not weaken the foundations of the AFSJ itself, the importance of the role of the CJEU and the rights and principles set out in the EU Charter need to be fundamental.


Read the full study here.