EU–UK TCA — Trade and Cooperation Agreement

Origin and significance

With Brexit taking effect on 31.12.2020, the United Kingdom left the system of the European Arrest Warrant. The Trade and Cooperation Agreement (TCA) of 30.12.2020 (OJ EU L 444/15) contains, in Part 3, Title VII, a new framework for the surrender of requested persons between the UK and EU member states.

Key differences from the EAW

The TCA surrender procedure resembles the EAW but contains important deviations: (1) The UK may refuse the surrender of its own nationals, provided that it takes over the prosecution. (2) The rule of specialty applies more strictly. (3) There is greater scope for political control. (4) The procedural time limits are less rigid than under the EAW.

Practical implications

Extraditions from Germany to the UK are now governed by the TCA; the same applies to extraditions from the UK to Germany. As a result, German–British extradition cases have become more demanding. The Higher Regional Court of Hamburg and the Higher Regional Court of Frankfurt, as the main gateway courts for UK cases, are frequently involved. The attorney must examine whether the TCA offers a more favorable position than the former EAW.

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