Justice and Home Affairs after Brexit
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European Parliament's Civil Liberties Committee (LIBE): Briefing Note for the Committee: Contribution on the UK withdrawal from the EU (Brexit) (pdf). The substantive points include:
- even after Brexit UK companies will still be subject the new Regulation on Data Protection which applies to all operating in the EU and to data on EU consumers;
- a form of interim agreement may be needed for the UK to have access to Eurodac (database containing the fingerprints of refugees applying for asylum)
- for the European Asylum Support Office (EASO) the UK would leave the Board but access could involve paying costs.
- interim and/or permanent status needs to be resolved for Europol
- access to EU databases (SIS II, PNR, VIS, Prum and ECRIS) require supervision by EU institutions
Overall the UK has already indicated in statements to the House of Commons and this Briefing says:
"The UK Government has already made it clear that strong security cooperation with the European Union will be one of its four overarching objectives in forthcoming negotiations3. In that respect, the area of Justice, Home Affairs will be a key component of both the withdrawal agreement and the future EU-UK relationship agreement."
"There are approximately 32 legislative proposals currently under discussion or to be presented by the Commission in near future in the LIBE area of competence."
It could be that that in the fields of Justice and Home Affairs cooperation, criminal law and operations and counter terrorism, plus areas of internal and external security special provisions will be made for the UK's continued participation.
Home Office: The UKs cooperation with the EU on justice and home affairs, and on foreign policy and security issues (pdf)
House of Lords Select Committee report: Brexit: future UK-EU security and police cooperation (pdf)
And see: View of the EP Legal Affairs Commitee (pdf)
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