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The effect of Brexit on the fight against economic crimes

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31st January 2018

Time: 17:30-19:00 TBC (Registration open from 17:00)
Followed by a reception

Venue: Jones Day, 21 Tudor Street, London ECY0DJ, UK

The elimination of border controls in the European Union has facilitated the free movement of people and capital, and as a result, illicit activities as well. The EU has put in place a framework for judicial cooperation in criminal matters to address the risk of cross-border crime and to ensure the rights of victims and due process are respected across the EU.

This framework enshrines the principle of recognition of mutual legal assistance as well as agreements on extradition, and is recognised in various legal documents, laws, rules, decisions and treaties (e.g.the Treaty of Lisbon and Council of Europe Conventions). Council of Europe Conventions also apply to economic crimes.

As the UK Government negotiates its future relationship with the EU, it is unclear how Brexit will affect the fight against economic crimes , particularly the future of the European Arrest Warrant, Mutual Legal Assistance and asset forfeiture mechanisms, and the UK's relationship with Europol, to mention but a few. Domestically, it is also unclear whether Brexit will bring about changes to structural arrangements for fighting bribery and fraud, e.g. in the role of and relationship between the SFO, the NCA, and the recently created Anti-Corruption Coordination Centre.

This raises a number of issues which this event will seek to address, including the kind of challenges Brexit poses for the UK in terms of tackling economic crimes domestically and internationally; the kind of tools that the UK will have at its disposal after Brexit; how the UK's legal framework will be impacted by Brexit; the EU's stance on judicial cooperation in criminal matters with the UK after Brexit; whether Brexit will require the UK to negotiate and sign an agreement on judicial cooperation in criminal matters with the EU; and the kind of structural and institutional arrangements that will help the UK be better equipped to address economic crimes after Brexit.

Speakers

  • Michael Bowes QC, Outer Temple Chambers
  • Mike Kennedy CBE, expert member of the European Commission's Advisory Panel on EU Criminal Justice Policy, formerly President of Eurojust (2002-2007) and Chief Operating Officer for the Crown Prosecution Service (2007-2013)
  • Professor Valsamis Mitsilegas, Head of the Department of Law and Academic Lead for Internationalisation, Queen Mary University of London
  • Baroness Sarah Ludford, member of the House of Lords, former Member of the European Parliament (invited)

This event is convened by the Global Rule of Law Exchange at the Bingham Centre for the Rule of Law. Jones Day is the Global Partner of the Exchange.

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