Extradition of Pole held on EAW in Ireland to be decided by European court
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A Polish man held on a European Arrest Warrant (EAW) in a jail in Ireland would get a fair trial in his home country, Irish lawyers will tell the European Court of Justice this week, The Irish Times reports.
The hearing on Friday will consider the referral from Ms Justice Aileen Donnelly, of the High Court.
She asked the European court whether the a fair trial would be unlikely in Poland given the erosion of the rule of law there.
Lawyers for the Attorney General are expected to argue that Artur Celmer, 31, who is wanted on drug-trafficking charges, would receive a fair trial in Poland.
Poland’s Deputy Justice Minister Marcin Warchol has accused the Irish High Court of playing “political games” while its press and social media have attacked Ms Justice Donnelly personally.
The judge had said that legislative changes in Poland’s judicial system brought the independence of the judiciary into question and therefore the trust that underpins the EAW regime.
It is thought that the European Commission, whose opinion is sought by the ECJ in such cases, will agree with Ireland and that the Polish government will argue that Ms Justice Donnelly has argued selectively.
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