Dispute settlement and jurisdictional issues for law enforcement and judicial cooperation in criminal matters under the EU–UK trade and cooperation agreement

Abstract

The rules on dispute settlement of Part 3 of the Trade and cooperation Agreement provide for a consultation procedure between the Parties, to be held either within the framework of the Specialized Committee on Law Enforcement and Judicial Cooperation or within the framework of the Partnership Council. A decision by either of these bodies is considered a mutually agreed solution. The Parties may also reach a solution without involving these bodies. If no mutually agreed solution is reached, the complaining Party may suspend the Titles to which the breach pertains, and the respondent Party may suspend all of the remaining Titles. The Specialized Committee on Law Enforcement and Judicial Cooperation decides what measures are needed to ensure that any cooperation affected by the suspension of the Titles is concluded in an appropriate manner. The suspended Titles can be reinstated by the Parties if the breach no longer exists.