Upholding the Rule of Law by Scrutinising Judicial Independence: The Irish Court’s request for a preliminary ruling on the European Arrest Warrant. CEPS Commentary 11 April 2018

Carrera, Sergio and Mitsilegas, Valsamis (2018) Upholding the Rule of Law by Scrutinising Judicial Independence: The Irish Court’s request for a preliminary ruling on the European Arrest Warrant. CEPS Commentary 11 April 2018. [Policy Paper]

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Abstract

On March 23rd, the Irish High Court sent an unprecedented request for a preliminary ruling before the Court of Justice of the European Union (CJEU) in the case Minister for Justice and Equality v Artur Celmer. The request raises a far-reaching question: Should a national judge surrender a criminal suspect pursuant to a European Arrest Warrant (EAW) issued by a member state of the EU, in this specific case Poland, which is in breach of the rule of law?

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