RT info:eu-repo/semantics/article
T1 Brexit and the future of european criminal Law: a spanish perspective
A1 Jimeno Bulnes, Mar
K1 Criminal law
K1 Derecho penal
AB The UK public took a momentous decision when they voted to leavethe EU in a referendum on 23 June 2016. As is well known, the UK has, since theentry into force of the Treaty of Lisbon on 1 December 2009, occupied a specialposition in relation to the Area of Freedom, Security and Justice (‘‘AFSJ’’, Title VTFEU). The Treaty introduced fundamental changes to the field of EU CriminalLaw, from which the UK had been sheltered through the opt in/opt out clauses aswell as the  emergency brakes’ solution. This singular arrangement for the UK post-Lisbon might, to some extent, have foreshadowed the present situation of Brexit, theconsequences of which for EU Criminal Law are inquired in this paper from aSpanish perspective. It presents an analysis of what the alternatives to the currentrelationship between Spain and UK could be in the future outside the EU framework,while seeking to benefit from the improvements previously established throughEuropean institutions and instruments. In this context, three different areas areaddressed: the interaction between Spain and UK in the context of Europeanagencies and institutions; the procedural framework in the area of judicial cooperationthrough the application of the principle of mutual recognition; and, theframework in relation to procedural rights through the application of the principle ofthe approximation of laws. Finally, I conclude with some brief remarks on thissituation that is still unfolding.
PB Springer
SN 1046-8374
YR 2017
FD 2017-06
LK http://hdl.handle.net/10259/4691
UL http://hdl.handle.net/10259/4691
LA eng
NO Proyecto de investigación financiado por el Ministerio de Economía, 2016-2018, UN PASO ADELANTE EN LA CONSOLIDACION DEL ESPACIO JUDICIAL EUROPEO Y SU APLICACION PRACTICA EN ESPAÑA: VISION DESDE EL PROCESO CIVIL Y PENAL (DER2015-71418-P)
DS Repositorio Institucional de la Universidad de Burgos
RD 22-nov-2024