Political and Legal Considerations Regarding the Negotiation of the Future UK-EU Security Relationship
In this chapter, the authors analyse potential transitional arrangements, discussing the possibilities of substantial delays in—or the no conclusion of—a security agreement, alternative models to the UK-EU relationship, dispute resolution and enforcement mechanisms in light of the UK Government’s red line on CJEU jurisdiction, and the UK’s potential reduced influence on future EU internal security.
KeywordsBrexit Transitional arrangements Alternative relationship models Dispute resolution Loss of influence as an international actor
- Armstrong, M. 2018. Widespread Support for UK as Around 100 Russian Diplomats Are Expelled. Euronews, 27 March. Available from: http://www.euronews.com/2018/03/27/widespread-support-for-uk-as-around-100-russian-diplomats-are-expelled. Last accessed 27 May 2018.
- BBC. 2011. George Wright Wins US Extradition Case in Portugal, 17 November. Available from: http://www.bbc.co.uk/news/world-us-canada-15778384. Last accessed 29 March 2018.
- BBC. 2017. Privacy Concerns as China Expands DNA Database, 17 May. Available from: https://www.bbc.co.uk/news/world-asia-china-39945220. Last accessed 18 June 2018.
- Black, J., A. Hall, K. Cox, M. Kepe, and E. Silversten. 2017. Defence and Security After Brexit. RAND Corporation Europe. Available from: https://www.rand.org/content/dam/rand/pubs/research_reports/RR1700/RR1786/RAND_RR1786.pdf. Last accessed 27 May 2018.
- Cellan-Jones, R. 2017. Frictionless Borders: Learning from Norway. BBC News, 29 September. Available from: http://www.bbc.co.uk/news/technology-41412561. Last accessed 5 April 2018.
- Council of the European Union. 2014. Council Conclusions on a Homogeneous Extended Single Market and EU Relations with Non-EU Western European Countries, General Affairs Council Meeting, 16 December.Google Scholar
- European Commission. 2012. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU Relations with the Principality of Andorra, the Principality of Monaco and the Republic of San Marino, COM(2012) 680 Final.Google Scholar
- European Commission. 2018. Brexit Next Steps. Powerpoint slide. Available from: https://www.parliament.uk/documents/lords-committees/eu-select/scrutiny-brexit-negotiations/Slide-1-brexit-next-steps.pdf. Last accessed 8 April 2018.
- European Commission and HM Government. 2018. Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/691366/20180319_DRAFT_WITHDRAWAL_AGREEMENT.pdf. Last accessed 26 March 2018.
- European Court of Justice. 2015. The court of justice declares that the commission’s US safe harbour decision is invalid, Press Release N°117/15, 6 October, Luxembourg.Google Scholar
- European Court of Justice. 2017. The court declares the agreement envisaged between the European Union and Canada on the transfer of passenger name record data may not be concluded in its current form, Press Release N°84/17, 26 July, Luxembourg.Google Scholar
- European Parliament. 2016. Parliament Backs EU Directive on Use of Passenger Name Records. European Parliament News, 14 April. Available from: http://www.europarl.europa.eu/news/en/press-room/20160407IPR21775/parliament-backs-eu-directive-on-use-of-passenger-name-records-pnr. Last accessed 8 April 2018.
- European Parliament. 2018. European Parliament Resolution of 14 March 2018 on the Framework of the Future EU-UK Relationship, 2018/2573.Google Scholar
- FBI. 2018. CODIS-NDIS Statistics. Available from: https://www.fbi.gov/services/laboratory/biometric-analysis/codis/ndis-statistics. Last accessed 18 June 2018.
- Gruszczak, A. 2017. The EU Criminal Intelligence Model-Problems and Issues. In EU Criminal Law and Policy-Values, Principles and Methods, ed. J. Banach-Gutierrez and C. Harding. London and New York: Routledge.Google Scholar
- Hervey, G. 2018. Boris Johnson Compares Irish Border Post-Brexit to London Congestion Charge. Politico, 27 February. Available from: https://www.politico.eu/article/boris-johnson-compares-irish-border-post-brexit-to-london-congestion-charge/. Last accessed 5 April 2018.
- HM Government. 2017a. Security, Law Enforcement and Criminal Justice: A Future Partnership. Available from: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/645416/Security__law_enforcement_and_criminal_justice_-_a_future_partnership_paper.PDF. Last accessed 22 March 2018.
- HM Government. 2017b. Enforcement and Dispute Resolution—A Future Partnership Paper. Available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/639609/Enforcement_and_dispute_resolution.pdf. Last accessed 5 April 2018.
- HM Government. 2018. The Future Relationship Between the United Kingdom and the European Union. Available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/725288/The_future_relationship_between_the_United_Kingdom_and_the_European_Union.pdf. Last accessed 21 July 2018.
- House of Lords. 2016. Brexit: Future UK-EU Security and Police Cooperation. European Union Committee, 7th Report of Session 2016–2017.Google Scholar
- House of Lords. 2018. Brexit: The Proposed UK-EU Security Treaty. European Union Committee, 18th Report of Session 2017–2019, HL Paper 164, July. Available from: https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/164/164.pdf. Last accessed 25 August 2018.
- Integration Office FDFA/FDEA. 2009. Bilateral Agreements Switzerland-EU. SFBL: Bern.Google Scholar
- Karlsson, L. 2017. Smart Border 2.0—Avoiding a Hard Border on the Island of Ireland for Customs Control and the Free Movement of Persons. European Parliament, Directorate General for Internal Policies, Policy Department for Citizens’ Rights and Constitutional Affairs, November, PE 596.828.Google Scholar
- May, T. 2018. PM Speech on our Future Economic Partnership with the European Union, 2 March. Available from: https://www.gov.uk/government/speeches/pm-speech-on-our-future-economic-partnership-with-the-european-union. Last accessed 7 April 2018.
- Menon, A., M. Chalmers, C. Macdonald, L. Scazzieri, and R. Whitman. 2018. A Successful Brexit: Three Foreign and Security Policy Tests. The UK in a Changing Europe, Available from: http://ukandeu.ac.uk/wp-content/uploads/2018/02/77181-UKIN-A-Successful-Brexit-security-tests-.pdf. Last accessed 2 May 2018.
- Negotiators of the EU and the UK Government. 2017. Joint Report from the Negotiators of the European Union and the United Kingdom Government on Progress During Phase 1 of Negotiations, 8 December. Available from: https://ec.europa.eu/commission/sites/beta-political/files/joint_report.pdf. Last accessed 5 April 2018.
- Niehuss, A., B. Farrand, H. Carrapico, and J. Obradovic-Wochnik. 2018. European Union Member States’ Judicial Cooperation Frameworks—A Focus on Extradition, Mutual Legal Assistance, and Joint Investigation Teams. Report for the Home Office.Google Scholar
- Rankin, J. 2016. Belgium Politicians Drop Opposition to EU-Canada Trade Deal. The Guardian, 27 October. Available from: https://www.theguardian.com/world/2016/oct/27/belgium-reaches-deal-with-wallonia-over-eu-canada-trade-agreement. Last accessed 28 March 2018.
- Stewart, H. 2017. Brexit MPs Angry as Theresa May Accepts Continuing Rule of EU Court. The Guardian, 9 October. Available from: https://www.theguardian.com/politics/2017/oct/09/brexit-mps-angry-as-theresa-may-accepts-continuing-rule-of-eu-court. Last accessed 7 April 2018.
- Stone, J. 2017. Brexit: David Davis Rushes to Repair Damage After Undermining Trust in Negotiations. The Independent, 12 December. Available from: https://www.independent.co.uk/news/uk/politics/brexit-david-davis-phoned-guy-verhofstadt-legally-binding-brexit-deal-a8105876.html. Last accessed 29 March 2018.
- UK Government Statistics. 2018. National DNA Database Statistics. Available from: https://www.gov.uk/government/statistics/national-dna-database-statistics. Last accessed 18 June 2018.
- Woods, L. 2017. Transfering Personal Data Outside the EU: Clarification from the ECJ? EU Law Analysis, 4 August. Available from: http://eulawanalysis.blogspot.co.uk/2017/08/transferring-personal-data-outside-eu.html. Last accessed 6 April 2018.