George Hepburne Scott considers how changes to the judiciary in Poland could affect Britain’s post-Brexit extradition relationship with the EU
- Considers whether the mutual trust and confidence between judicial authorities within Europe which underpins the entire Extradition Arrest Warrant system is under threat.
The recent Irish High Court case of Minister for Justice and Equality v Artur Celmer 2017 EXT 291 (handed down on 12 March 2018) could have serious consequences for Poland’s membership of the European Arrest Warrant (EAW) system. This is important for the UK because more people are extradited from England and Wales via Polish-issued EAWs than any other (source: National Crime Agency).
In the case of Celmer, Donnelly J was referred to the profound concerns that the European Commission and the European Council have regarding the current Polish government’s interference with the judiciary. Such is the level of concern that the European Commission has sent a ‘Reasoned Proposal’ to the European Council under Art 7 of the Treaty of the European Union (‘the Treaty of Amsterdam’). This is unprecedented. Within this Reasoned Proposal
