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, 31.12.2020, p. 14; final version OJ EU L 149, 30.4.2021, p. 10) 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) EU member states may refuse the surrender of their own nationals to the UK or make it subject to conditions (Art. 603 TCA) — Germany has notified that it does not surrender German nationals to the UK; if a state refuses surrender on this ground, it must consider taking over the prosecution. The UK itself has made no such declaration and continues to surrender its own nationals. (2) The rule of specialty applies more strictly. (3) There is greater scope for political control. (4) The procedural time limits essentially correspond to those of the EAW (Art. 615 TCA: 10 days where the person consents, otherwise 60 days, extendable by 30 days); in the absence of CJEU jurisdiction, however, their enforcement is weaker.

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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