JUSTICE

 

Criminal matters

 

  • European Arrest Warrants

According to the Wthdrawal Agreement the EAW issued by Cyprus authorities which will have been received by UK authorities until 31/12/2020 will be executed on this legal basis.  As from 1/1/2021, in case no Agreement on the EU-UK Future Partnership is reached, extradition requests will be sent under the Council of Europe Convention on Extradition.

 

  • Transfer of convicts

Requests for transfer of convicts which are pending before UK authorities or will have been received by UK authorities until 31/12/2020, will be handled under F/D 2008/909/JHA for recognition and enforcement of conviction.  As from 1/1/2021, in case no Agreement on the EU-UK Future Partnership is reached, the Council of Europe Convention on Transfer will be used as the legal basis.

 

  • Mutual Legal Assistance Requests

MLA requests which have been sent to UK authorities either under the EU MLA Convention, or as European Investigation Orders under Directive 2014/41/EU, and all EI0 which will have been received by UK authorities until 31/12/20 will be executed on that legal basis.  New requests for mutual assistance as from 1/1/2021, in case no EU-UK Future Partnership Agreement is reached, will be made under the corresponding Council of Europe Convention on Mutual Assistance.

 

 

Civil matters

 

  • Service of documents

Requests for service of documents under Service Regulation 1393/2017, which will have been received by the UK authorities until 31/12/2020, will be executed on that legal basis.  New requests as from 1/1/2021 will be made under the corresponding Hague Convention on Service.

 

  • Taking of Evidence

Requests for taking of evidence under Regulation 1206/2001, which will have been received by the UK authorities until 31/12/2020, will be executed on that legal basis.  New requests as from 1/1/2021 will be made under the corresponding Hague Convention on the Taking of Evidence.

 

 

 

Lawyers

Lawyers, citizens of a member state of EU with a UK home professional title, will continue to have the rights deriving from Directives 77/249/EEC and 98/05/EC on the effective exercise of freedom to provide services and on facilitating practice of the profession on a permanent basis in another M-S, respectively, only until 31/12/2020, as from which date they will not be able to register — they will be struck off the relevant registers.

Exempt are those lawyers with a UK home professional title, who until 31/12/2020 will have been approved for full admission to the profession, according to the Advocates Law.

Relevant Law:  the Advocates (Amendment) Law, no. 6(I)/2020.

 


8.12.2020