Brexit and the Future of European Criminal Law: A German Perspective

Abstract

German Chancellor Angela Merkel favours, as a matter of principle, a hard and clean Brexit. This does not mean, however, that it is not in Germany’s interest to maintain a close relationship with the UK in the field of criminal justice cooperation. Thus, from a German perspective it would certainly be desirable if the UK continues to participate in European institutions like Europol and Eurojust. As to mutual assistance it seems, in contrast, questionable how the European Criminal Justice System based on mutual recognition and trust can reach out to a State who is in the course of leaving the Union. In this respect, the extradition of own nationals, prohibited by the German Basic Law in principle, is a crucial issue.