Thread by @StevePeers

Irish Supreme Court will ask CJEU about legality of continuing extradition from Ireland to the UK post-Brexit - note there will be a request to fast track the case 1/
courts.ie/viewer/pdf/4d0…

2/ The issue: whether Ireland should have had a separate opt in process re the European Arrest Warrant/extradition provisions of the withdrawal agreement and the TCA. (The point is relevant by analogy to other justice and home affairs provisions of these treaties, and to Denmark)

3/ If the challenge is successful the CJEU might argue that its judgment has limited temporal effect, cf the Bosman football judgment, to give time to fix the legal flaw. (Opt in for Ireland, separate treaty with Denmark).

4/ If the challenge is successful and the flaw isn't fixed, extradition between the UK, Ireland and Denmark can still arguably take place on the basis of the Council of Europe extradition treaties, although these do not go as far as the EAW/TCA arrangements to simply extradition.

5/ There's already a direct challenge to the legality of the TCA on these grounds, but it faces standing problems. A request from a national court does not face such problems. Fast track cases are usually decided by the CJEU in about 4 months.