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Chapter 12: Judicial partners forever? Two challenges preventing a fast and effective future judicial cooperation

Benjamin Bodson

Date: 17/06/2020

Benjamin Bodson covers an oft-ignored, yet imperative aspect of the negotiations on the future relations between the EU and UK: protecting the ‘internal security’ of the two parties via judicial (and police) cooperation. He provides a concise legal overview of the two challenges that condition the future EU-UK judicial cooperation as a whole: the protection of fundamental rights, and the European Court of Justice’s jurisdiction. Overall, these two red lines can be boiled down to a debate on sovereignty: the UK must recognise that cooperation requires self-constraint. As such, judicial cooperation requires mutual trust and the sharing of common rules.

This chapter is part of the publication Towards an ambitious, broad, deep and flexible EU-UK partnership?, which examines the political, economic, social and institutional implications of the UK’s departure from the EU in different policy fields, as well as its impact on UK politics and EU integration. The contributions in this book, all by leading experts on Brexit, draw from discussions held in the Brexit Think Tank Group, which was set up by the EPC in the aftermath of the 2016 referendum. Through this format, the EPC facilitated a continuing

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