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Grand Chamber hearing in C-562/21 PPU at @EUCourtPress commences. The case concerns extradition under the #EAW from NL to Poland in light of the Polish muzzle law. -> Is due process still guaranteed? This case could put an end to the two-step test derived from the #LM judgement. 
This was a lively hearing at the @EUCourtPress this morning with the #Dutch, #Irish & #Polish Government intervening in a case with vast significance for the continuance of the system of judicial cooperation within the European Union. (1/n)
The question was whether the two-step test for extradition established in the LM judgement can hold in light of the changes to the judiciary in Poland, and specifically amid the fact that many judges in Poland are appointed by the KRS which is not in accordance with EU law. (2/n)
The International Court of Justice of the Amsterdam District Court concluded that Polish courts are no longer independent and asked the @EUCourtPress about the consequences for the #EuropeanArrestWarrant regime.
Long🧵with my assessment ⬇️
Long🧵with my assessment ⬇️
1/ This is not the first time a national court has doubts as to whether suspects/convicts should be surrendered. For quite some time national courts denied surrender on various human rights grounds, in contravention of the black letter law of the Framework Decision on the #EAW.
2/ 🇬🇧 & 🇩🇪courts demanded assurances in relation to the detention conditions in certain issuing MSs already since 2013. They refused surrender in cases where they were not satisfied with the guarantees provided.
See footnote 29 in: journals.sagepub.com/doi/abs/10.117…
See footnote 29 in: journals.sagepub.com/doi/abs/10.117…
EU cttees in @UKHouseofLords took evidence yesterday on future justice and criminal law cooperation. Video here parliamentlive.tv/Event/Index/cc…, transcript will follow. Questions on data access (mine assisted by this blog eulawanalysis.blogspot.com/2020/02/justic… from @StevePeers) are from 11.22 am.
Sorry 11.34 am. Before that, mainly #EAW. Witnesses were DAC Richard Martin and Prof Valsamis Mitsilegas. Interventions of Lord (Timothy) Kirkhope, intimately involved with these matters as an MEP, are also well worth listening to.
He's on twitter! @LordKirkhope
