Minister for Justice v. O'Connor: A Decisive Moment for the Future of the EAW in the UK

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 1017-1026 | European Forum Insight of 24 June 2018 | (Table of Contents) I. The facts of the case. - II. The "Brexit point". - III. The Government's position. - IV. Why is this preliminary ruling relevant?V. The current negotiations. - VI. Conclusions. | (Abstract) The Irish Supreme Court (IESC) decided to lodge a request for a preliminary ruling with the CJEU in Minister for Justice v. O'Connor on February 1st. The IESC enquired the CJEU about the possibility of surrendering individuals to the UK who will be imprisoned beyond the date on which this country will withdraw from the EU. The doubts arise, in this case, due to the uncertainty surrounding the legal framework applicable after this date. This preliminary ruling could have important ramifications for the functioning of the European Arrest Warrant (EAW) in a post-Brexit scenario and until a bilateral agreement between the EU and the UK is concluded. The goal of this Insight is to analyse some of these implications, especially in connection with the protection of fundamental rights amid the uncertainty concerning the guarantees applicable after Brexit, and to examine impact of this case within the wider EAW scheme.

Keywords

• framework decision 2002/584/jha
• brexit
• eaw
• criminal law
• afsj
• court of justice