,
6 tweets,
2 min read
Read on Twitter
European Arrest Warrant law will now probably apply to the UK until October 31st, due to the extension of EU membership. (Even without that, ordinary extradition law would apply). EAW law leaves it to UK authorities to assess whether to prioritise EAW or US extradition request.
Reminder that Mr Assange challenged the previous Swedish EAW up to the UK Supreme Court: supremecourt.uk/cases/uksc-201…
At the time, UK courts could not ask the CJEU questions about EAW cases. Now they can. Mr Assange might challenge a new EAW, leading to a fast track CJEU judgment.
At the time, UK courts could not ask the CJEU questions about EAW cases. Now they can. Mr Assange might challenge a new EAW, leading to a fast track CJEU judgment.
The EU & USA have an extradition treaty (building on national treaties with the US), which the CJEU also has jurisdiction to interpret. While the UK has opted out of that treaty, Sweden has not, in the event that proceedings relating to Assange are brought in the Swedish courts.
Note that since extradition from Sweden to the USA would fall within the scope of EU law (due to the EU/US extradition treaty), EU law rules like the Charter of Rights could be pleaded, besides national law and the ECHR
Good question. If Assange is surrendered from the UK to Sweden under an EAW, the EAW law says that the UK would have to consent to his further extradition to the US, in accordance with UK and international law
Complicated if Brexit happens in the middle.
Complicated if Brexit happens in the middle.
Reminder that just because Brexit is pending, does not mean that the EAW law ceases to apply to the UK. The CJEU has ruled on this point already, as I discussed here: eulawanalysis.blogspot.com/2018/09/brexit…
Withdrawal agreement applies EAW during the transition period. No deal would be messier.
Withdrawal agreement applies EAW during the transition period. No deal would be messier.
