PART THREE: LAW ENFORCEMENT AND JUDICIAL COOPERATION IN CRIMINAL MATTERS TITLE I: GENERAL PROVISIONS Article LAW.GEN.1: Objective 1. The objective of this Part is to provide for law enforcement and judicial cooperation between the Member States and Union institutions, bodies, offices and agencies, on the one side, and the United Kingdom, on the other side, […]
Category: Justice
Data Sharing EU UK Agreement
TITLE II: EXCHANGES OF DNA, FINGERPRINTS AND VEHICLE REGISTRATION DATA Article LAW.PRUM.5: Objective The objective of this Title is to establish reciprocal cooperation between the competent law enforcement authorities of the United Kingdom, on the one side, and the Member States, on the other side, on the automated transfer of DNA profiles, dactyloscopic data and […]
Europol & Eurojust EU UK Agreement
TITLE V: COOPERATION WITH EUROPOL Article LAW.EUROPOL.46: Objective The objective of this Title is to establish cooperative relations between Europol and the competent authorities of the United Kingdom in order to support and strengthen the action by the Member States and the United Kingdom, as well as their mutual cooperation in preventing and combating serious […]
Arrest Warrant EU UK Agreement
TITLE VII: SURRENDER Article LAW.SURR.76: Objective The objective of this Title is to ensure that the extradition system between the Member States, on the one side, and the United Kingdom, on the other side, is based on a mechanism of surrender pursuant to an arrest warrant in accordance with the terms of this Title. Article […]
Police Cooperation EU UK Agreement
TITLE IV: COOPERATION ON OPERATIONAL INFORMATION Article LAW.OPCO.1: Cooperation on Operational Information 1. The objective of this Title is for the Parties to ensure that the competent authorities of the United Kingdom and of the Member States are able to, subject to the conditions of their domestic law and within the scope of their powers, […]
Anti-Money Laundering EU UK Agreement
TITLE X: ANTI-MONEY LAUNDERING AND COUNTER TERRORIST FINANCING Article LAW.AML.127: Objective The objective of this Title is to support and strengthen action by the Union and the United Kingdom to prevent and combat money laundering and terrorist financing. Article LAW.AML.128: Measures to prevent and combat money laundering and terrorist financing 1. The Parties agree to […]
Freeze & Confiscation EU UK Agreement
TITLE XI: FREEZING AND CONFISCATION Article LAW.CONFISC.1: Objective and principles of cooperation 1. The objective of this Title is to provide for cooperation between the United Kingdom, on the one side, and the Member States, on the other side, to the widest extent possible for the purposes of investigations and proceedings aimed at the freezing […]
Criminal Misc Issues EU UK Agreement
TITLE XII: OTHER PROVISIONS Article LAW.OTHER.134: Notifications 1. By the date of entry into force of this Agreement, the Union and the United Kingdom shall make any of the notifications provided for in Article LAW.SURR.82(2) [Political offence exception], Article LAW.SURR.83(2) [Nationality exception], and Article LAW.SURR.91(4) [Consent to surrender] and shall, to the extent it is […]
Dispute Settlement EU UK Agreement
TITLE XIII: DISPUTE SETTLEMENT Article LAW.DS.1: Objective The objective of this Title is to establish a swift, effective and efficient mechanism for avoiding and settling disputes between the Parties concerning this Part, including disputes concerning this Part when applied to situations governed by other provisions of this Agreement, with a view to reaching a mutually […]
Family and Misc.
Legal Matters & Rights Published: 27 February 2019 From: Department of the Taoiseach Ireland and the UK both have a common law system, enjoy a Common Travel Area, which includes certain legal rights, and are currently both members of the EU and its supporting legal rules. The Irish and UK Governments are working to ensure […]
Justice and Security [Ire]
Dec 2018 Justice and Security From the outset of this process, we have identified a number of areas in the Justice area that are particularly important to ongoing cooperation between the UK and Ireland, and have been taking steps to mitigate the effect of a UK withdrawal from the EU as much as possible. The […]
Civil Justice UK No Deal Notes
Before 29 March 2019 (may also apply to new exit date on 31 December 2020) Currently, the UK applies EU rules to determine: which country’s courts hear a civil, commercial or family law case raising cross-border issues with other EU countries (jurisdiction) which country’s laws apply (applicable law) how a judgment obtained in one EU country should be recognised and enforced in another (recognition and enforcement) […]
Extradition
Amendments to the Extradition Act 1965 to apply the provisions of the 1957 Council of Europe Convention on Extradition One of the key issues identified by the Department of Justice and Equality, in the context of a no deal Brexit, is to ensure that effective extradition arrangements are maintained between Ireland and the UK. In that regard […]
Maintenance Disputes Post-Deal Guidance
Guidance UK-EU cross-border maintenance disputes Published 12 January 2021 This guidance explains the changes to UK-EU cross-border maintenance disputes from 1 January 2021. It is intended for people involved in family law disputes. If you are a legal professional, please refer to the guidance for legal professionals. If you are currently or soon to be involved […]
Civil & Commercial Litigation UK Post-Deal Guidance
Guidance Cross-border civil and commercial legal cases: guidance for legal professionals Published 31 December 2020 Contents 1.Jurisdiction and recognition and enforcement of judgments 2.Special European procedures 3.Applicable law Print this page This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in […]
Family Disputes UK Post-Deal Guidance
GuidanceFamily law disputes involving the EU: guidance for legal professionals Published 31 December 2020 Contents 1.Divorce 2.Maintenance 3.International parental child abduction 4.Children cases (parental responsibility) 5.Placement of children Print this page This guidance only relates to cases involving the courts of England and Wales. If you have a cross-border case relating to the courts in […]
UK Commons Committee Justice System
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EU Study Police and Criminal
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EU Report Family Law Cooperation
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EU Study Family Law Cooperation
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UK Lords Committee Justice
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UK Lords Committee Dispute Resolution
UK Lords Committee Arrest Warrant
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Police and Criminal Justice UK Parliament
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European Arrest Warrant UK Parliament
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Family Litigation UK Parliament
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EU Withdrawal Notes Civil Justice
21 November 2017 NOTICE TO STAKEHOLDERS CIVIL JUSTICE AND PRIVATE INTERNATIONAL LAW The United Kingdom submitted on 29 March 2017 the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. This means that unless a ratified withdrawal agreement1 establishes another date, all Union primary and […]
Civil Justice EU Guidance 2021
INTRODUCTION Since 1 February 2020, the United Kingdom has withdrawn from the European Union and has become a “third country”. 1 The Withdrawal Agreement2 provides for a transition period ending on 31 December 2020. Until that date, EU law in its entirety applies to and in the United Kingdom.3 During the transition period, the EU and the United Kingdom […]
EU Justice and Security
Area of freedom, security and justice The Treaty of Lisbon intends to reinforce the establishment of a European common area within which persons move freely and benefit from effective legal protection. The creation of such an area has implications for areas in which European citizens have high expectations, such as immigration and the fight against […]
Criminal Jurisdiction
Jurisdiction in criminal proceedings: prevention and settlement of conflicts This framework decision aims to improve judicial cooperation between European Union (EU) countries, so as to prevent unnecessary parallel criminal proceedings concerning the same facts and the same person. It has the potential to increase the efficient administration of criminal justice in cross-border cases by saving […]
Arrest Warrant
More effective extradition procedures: European arrest warrant A person who has committed a serious crime in an EU country but who lives in another can be returned to the first country to face justice quickly and with little administrative burden. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the […]
Trial Rights
The right to legal aid in criminal proceedings This recommendation seeks to improve the accessibility, quality and effectiveness of legal aid for suspects or accused persons in criminal and requested persons in European arrest warrant proceedings. Commission recommendation of 27 November 2013 on the right to legal aid for suspects or accused persons in criminal […]
Victims’ Rights
Strengthening victims’ rights in the EU The aim of this EU law is to ensure the mutual recognition of protection measures in civil matters in order to strengthen victims’ rights in the EU. Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures […]
Recognition Pre-Trial and Confiscation
Pre-trial supervision – mutual recognition Decision 2009/829/JHA — pre-trial supervision (alternative to detention) It lets EU citizens awaiting trial in another EU country return home until their trial begins. Their home country supervises them using non-custodial (outside prison) measures. For example, asking them to report to a police station every day. This avoids lengthy pre-trial […]
Recognition Sanctions
Convictions in other countries count in new criminal proceedings An EU country should attach equivalent weight to convictions handed down in other EU countries as to those handed down by its own courts. Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in […]
Police Cooperation
Mutual assistance in criminal matters between EU countries Convention on Mutual Assistance in Criminal Matters between the EU countries Council Act establishing the Convention on Mutual Assistance in Criminal Matters between the EU countries The convention aims to encourage and facilitate mutual assistance between judicial, police and customs authorities on criminal matters and to improve […]
Investigations Cooperation
Joint investigation teams Council Framework Decision 2002/465/JHA on joint investigation teams It sets out the rules for the setting up and functioning of joint investigation teams (JITs). The rationale is that certain types of crime within the European Union (EU) can be more effectively investigated by JITs set up for a fixed period following an […]
Exchange Information
A safer EU: police cooperation, and crisis management Regulation (EU) No 513/2014 sets out the rules for a European Union financing instrument which, as part of the Internal Security Fund (ISF), concerns police cooperation, preventing and combating crime, and crisis management. Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 […]
Protecting Children
Fighting child sexual abuse Directive 2011/93/EU — combating sexual abuse and sexual exploitation of children and child pornography It aims at improving the protection of children from sexual abuse and exploitation. To achieve this, it obliges EU countries to: adopt prevention measures; protect child victims; investigate and prosecute offenders. Key Points To facilitate the prosecution […]
Anti-Organised Crime
Fight against organised crime: offences linked to participation in a criminal organisation Council Framework Decision 2008/841/JHA on the fight against organised crime It criminalises offences linked to participation in a criminal organisation. It seeks to harmonise European Union (EU) countries’ laws on the criminalisation of these offences and lays down penalties for them. Offences There […]
Criminal Co-op Institutions
European Union Agency for Law Enforcement Cooperation (Europol) Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) It sets up the rules for Europol, including a system by which the European Parliament, together with national parliaments, can politically monitor Europol’s activities. In addition, it adapts Europol’s external relations to the rules […]
Anti-Money Laundering
Combating money laundering by criminal law SUMMARY OF: Directive (EU) 2018/1673 on combating money laundering by criminal law It defines criminal offences and sanctions in the area of money laundering with a view to: facilitating police and judicial cooperation between EU countries; and avoiding that criminals take advantage of more lenient legal systems. It aims […]
Anti-Terrorism
Fight against terrorism – definitions of terrorist crimes and support to victims Directive (EU) 2017/541 on combating terrorism.It aims to adapt EU law to fight terrorism in light of evolving terrorist threats and taking into account the international nature of terrorism. It establishes minimum rules concerning the definitions of offences and related sanctions in this […]
Anti-Weapon
Controls on firearms purchases and possession Directive 91/477/EEC — the control of the acquisition and possession of weapons The ‘Firearms Directive’ sets out certain minimum conditions for the circulation of civil firearms* within the EU. The directive establishes 4 categories of firearms by order of their level of danger, defined in Annex I to the […]
Anti-Drugs
EU drugs strategy EU drugs strategy (2013–2020) It provides the political framework and priorities for EU action in the field of drug policies for the period 2013–2020. By means of an integrated, balanced and evidence-based approach, it seeks to contribute to: reducing the demand for drugs; reducing the supply of illicit drugs; reducing the health […]
Debt Collection
The European Account Preservation Order for debt recovery between EU countries Regulation (EU) No 655/2014 — European Account Preservation Order It aims to facilitate debt recovery between EU countries in civil and commercial matters. It establishes a new procedure allowing a court in one EU country to freeze funds in the bank account of a […]
Justice Policy
EU justice policy: the way forward This European Commission communication sets out the political priorities with respect to making further progress towards a common European area of justice based on trust, mobility and growth by 2020. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee […]
Civil Procedure
Legal aid in civil and commercial matters Directive 2003/8/EC — improved access to justice in cross-border disputes by establishing minimum common rules relating to legal aid It seeks to: improve access to justice in cross-border civil cases; establish EU-wide rules on legal aid; make sure people who cannot afford legal help have access to it; […]
Applicable Law Cross Border Other
The law applicable to non-contractual obligations Regulation (EC) No 864/2007 — the law applicable to non-contractual obligations (Rome II) —It brings greater legal certainty as to the law applicable with respect to non-contractual obligations, in particular in cases of tort (a wrong under civil law) and delict (civil liability). —It also ensures a reasonable balance […]
Applicable Law Cross Border Contracts
Convention on the law applicable to contractual obligations (Rome Convention) Convention 80/934/EEC on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 The convention establishes uniform rules concerning the law applicable to contractual obligations in the EU.It has applied since 1 January 1991. KEY POINTS The convention on the […]
Recognition Enforcement Judgments
Court jurisdiction in legal cases involving different EU countries Regulation (EU) No 1215/2012 – jurisdiction and the recognition and enforcement of judgments in civil and commercial matters It updates a previous EU law on the jurisdiction, the recognition and enforcement of judgments in civil and commercial matters (known as the ‘ Brussels I regulation ’). […]
Applicable Law Cross Border Family
Matrimonial and parental judgments: jurisdiction, recognition and enforcement (Brussels IIa) Regulation (EC) No 2201/2003 – jurisdiction, recognition and enforcement of matrimonial and parental judgments A single legal instrument to help international couples resolve disputes, involving more than one country, over their divorce and the custody of their children. It sets out: —rules determining which court […]
Family Law Maintenance Divorce Children
Maintenance obligations The Regulation covers cross-border maintenance applications arising from family relationships. It establishes common rules for the entire European Union (EU) aiming to ensure recovery of maintenance claims even where the debtor or creditor is in another EU country. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and […]
Maintenance Divorce Parental 2021 UK Guidance
Guidance Maintenance cases involving EU from 1 January 2021 Published 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything […]
Legal Business Services 2021 UK Guidance
Guidance Legal services business owners after 1 January 2021 Updated 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. It will be updated if anything […]
EU Lawyers in the UK 2021 UK Guidance
Guidance EU, EEA-EFTA and Swiss lawyers in the UK from 1 January 2021 Updated 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. It will […]
UK Lawyers in EU 2021 UK Guidance
UK lawyers practising in the EU, EEA-EFTA and Switzerland after 1 January 2021 Updated 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. It will […]
Family Law Cases 2021 UK Guidance
Guidance Family law disputes involving the EU: guidance for legal professionals from 1 January 2021 Published 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. […]
Civil Legal Cases 2021 UK Guidance
Guidance Cross-border civil and commercial legal cases: guidance for legal professionals from 1 January 2021 Published 30 September 2020 New rules for January 2021 The UK has left the EU, and the transition period after Brexit comes to an end this year. This page tells you what you’ll need to do from 1 January 2021. […]
Money Laundering 2021 UK Guidance
EXPLANATORY MEMORANDUM TO THE MONEY LAUNDERING AND TERRORIST FINANCING (AMENDMENT) (EU EXIT) REGULATIONS 2020 2020 No. [XXXX] 1. Introduction 1.1 This explanatory memorandum has been prepared by HM Treasury and is laid before Parliament by Act. 1.2 This memorandum contains information for the Sifting Committees. 2. Purpose of the instrument 2.1 These Regulations update the existing United […]