Austria, Croatia, Czech Republic, European Union, Finland, France, Germany, Greece, Latvia, Poland, Slovakia, Slovenia, United Kingdom
31st Mar 2021
In a letter sent to the EU Security and Justice Sub-Committee of the House of Lords earlier this month, the Home Office confirmed that ten EU States will opt-in to the nationality exception in Title VII of Part 3 of the Trade and Cooperation Agreement 2020 (“the TCA”), which makes provision for post-Brexit surrender […]
16th Feb 2021
The International Legal Assistance Chamber of the Amsterdam District Court has refused to order the extradition of a 33 year old Polish national to Poland on drug trafficking charges on the grounds that, if extradited, there is a real risk that he will not receive a fair trial. The court cited its own earlier […]
17th Nov 2020
Hungary and Poland have voted to block the EU’s trillion euro budget and coronavirus recovery package over a clause which makes receipt of money from Brussels conditional on Member States’ adherence to the rule of law. Both Hungary and Poland have been subject to criticism and EU internal disciplinary procedures in recent months in response […]
13th Nov 2020
Recent legislative developments in Poland have called into question the independence of the judiciary. In response to this, in September 2020, Dutch courts suspended extradition of requested persons to Poland and referred a question to the Court of Justice of the EU (CJEU) seeking clarification as to whether systemic or generalised deficiencies in a Member […]
9th Mar 2020
A German court has refused to extradite a Polish citizen wanted to face charges of fraud in Poland. The court issued a press release in the wake of its ruling which said that there were serious doubts about the independence of the judiciary and whether the right to a fair trial was guaranteed in Poland, […]
2nd Nov 2019
Background facts The appellant appealed against an order for his extradition to Poland to serve the remainder of his three-year sentence for multiple counts of possession and sale of marijuana on the grounds that changes in his circumstance since the judge’s decision meant that he would have decided the case differently. The appellant had been […]
23rd Oct 2019
Background facts The appellant appealed against an order for his extradition to Poland to be prosecuted for a charge of attempting to defraud by sending false emails. Grounds of appeal The question on appeal was whether the trial judge had been wrong in deciding the appellant’s extradition was not barred by section 12A of the […]
30th Jun 2019
Background facts The appellant appealed against an order for his extradition to Poland to serve a custodial sentence for an offence of unintentionally receiving stolen goods. An EAW was issued in May 2011 and the appellant was arrested in the UK in June 2018. The appellant had resisted his extradition at the hearing on the […]
21st Nov 2018
On Monday, the Irish High Court ordered the surrender of Artur Celmer to face trial in Poland. As reported in a previous blog, Mr Celmer is wanted by Polish authorities to face trial on charges of drug trafficking. Last year, he was arrested under a European Arrest Warrant (EAW) in Ireland. He resisted extradition on […]
28th Jun 2018
This week the CJEU Advocate General, Evgeni Tanchev, issued an opinion which concluded that the Irish High Court was correct to postpone the extradition of Artur Celmer to Poland. The Irish High Court postponed the extradition due to concerns about the Polish government’s interference with the judiciary. Mr Tanchev also pointed out that this did […]
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