Multi-level cooperation in criminal justice post-Brexit: the case of the European Arrest Warrant and extradition

Abstract

Gerard Conway discusses the possibility of retaining elements of the current EAW arrangement postBrexit. A post-Brexit extradition treaty between the EU and the UK could entail provisions similar to the EAW, although there would be details to work out like the status of ECJ caselaw on the EAW in UK courts post-Brexit. Alternatively, the UK could just revert to the European Convention on Extradition of 1957, adopted under the auspices of the Council of Europe, which it operates with European countries not in the EU, and apply this again in its relations with EU Member States. The UK already had a special backing of warrants procedure with Ireland, so flexible extradition arrangements have always been possible in public international law.