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Tony Connelly @tconnellyRTE
, 10 tweets, 2 min read Read on Twitter
ECJ Poland case: Advocate General says that Irish High Court is required to postpone the execution of a European arrest warrant only where it finds not only that there is a real risk of flagrant denial of justice on account of deficiencies in the Polish system...
...but also that the accused will be exposed to such a risk. Even assuming that there is, in Poland, a real risk of flagrant denial of justice on account of the govt reforms of the judiciary this doesn't mean that NO Polish court is capable of hearing any case whatsoever...
Therefore, in order to show that the individual concerned is exposed to the risk of flagrant denial of justice, it is necessary to establish that there are particular circumstances relating either to that person or to the offence in respect of which he is being prosecuted...
...or has been convicted, which expose him to such a risk. It is up to the individual concerned to establish that there are substantial grounds for believing that he runs a real risk of suffering a flagrant denial of justice in the issuing of the arrest warrant.
The AG says its up to the Irish High Court to determine whether the suspected Polish drugs trafficker has demonstrated how the deficiencies in the Polish judicial system, assuming that they are proven, would prevent his case from being heard by an independent + impartial tribunal
The ECJ opinion says that where the court hearing the extradition request, in this case the Irish High Court, finds that there is a real risk of a flagrant denial of justice in Poland, it is required to request from the Polish courts all the necessary supplementary information...
...concerning, firstly, legislative changes subsequent to the details which it possesses for finding that there is such a risk and, secondly, the particular features relating to the person who is the subject of the EAW or to the nature of the alleged offence
In short, it looks like the Advocate General has batted the case back to Justice Aileen Donnelly, saying she has to determine if there is a risk of a flagrant denial of justice, by seeking all the relevant detail from the Polish authorities...
And if there are any specific circumstances relating to the accused or the nature of the alleged offence that would give rise to him not getting a fair trial.
As always, this is just the Advocate General opinion. The full judgement will come later - but in 80pc of cases the court judgement is in line with the opinion.
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