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1/ Preview of a CJEU judgment due tomorrow, on the European Arrest Warrant, detention & human rights - with a Brexit angle.
It concerns a UK citizen in Spain, wanted to face trial on drug charges in the UK. He's arrested in the Netherlands. Perhaps he was admiring the Van Goghs.
It concerns a UK citizen in Spain, wanted to face trial on drug charges in the UK. He's arrested in the Netherlands. Perhaps he was admiring the Van Goghs.
2/ The proceedings are delayed because the Irish courts have asked the CJEU whether European Arrest Warrants issued by the UK are still valid in light of the Brexit process. This brings TC's detention past the 90 day time limit under national law.
3/ The issue is whether keeping TC in detention afterward is still legal. On the one hand, the CJEU has said that longer periods of detention may be necessary to enforce a EAW: curia.europa.eu/juris/document…
On the other hand, the ECHR/Charter require that laws on detention be precise.
On the other hand, the ECHR/Charter require that laws on detention be precise.
4/ The AG's opinion says that the human rights concern takes priority, so TC would presumably have to be released unless there's another reason to detain him - curia.europa.eu/juris/document…
We'll see what the Court says tomorrow.
We'll see what the Court says tomorrow.
5/ What's the Brexit angle? Well, the CJEU has said that EAWs issued by the UK remain valid until Brexit day - eulawanalysis.blogspot.com/2018/09/brexit…
After that, if there's no deal Brexit, the EAW ends, and traditional extradition procedures (slower and more convoluted) apply.
After that, if there's no deal Brexit, the EAW ends, and traditional extradition procedures (slower and more convoluted) apply.
6/ If TC spins out proceedings (if not released) or avoids arrest again (if released) until after Brexit day, there's a new issue: what happens to pending UK EAWs on that date? What if there's no clear law regarding detention in that respect (another version of the issue in TC)?
7/ The parallel issue arises if the UK is trying to execute EAWs issued by Member States after Brexit day. The persons concerned may challenge the validity of hose EAWs and/or detention in UK or back in Member States' courts.
8/ If the withdrawal agreement is ratified, the EAW system continues during the transition period, with the details of what happens to pending EAWs when it ends set out. Member States/UK can refuse to extradite their own citizens, but as the TC case shows, that's not all cases.
9/ So a single case gives us an example of the legal uncertainty arising from no deal Brexit, which of course will be relevant to many other issues.
More on that legal uncertainty:
Background to the TC case: eulawanalysis.blogspot.com/2018/10/human-… //
More on that legal uncertainty:
Background to the TC case: eulawanalysis.blogspot.com/2018/10/human-… //
