The European Arrest Warrant (Amendment) Act 2024 was approved by the Oireachtas in March and was intended to address issues raised by the Commission in 2020.

However, the Commission yesterday said it had examined the new law and concluded that new grievances have emerged.

Ireland has “incorrectly transposed the provision related to decisions rendered in absentia, the determination of the competent judicial authority, the situation pending the decision, and the competing international obligation”, it said.

A letter of formal notice has now been sent to the Irish government, which has two months to respond and address the shortcomings raised.

In the absence of a satisfactory response, the Commission may decide to send a reasoned opinion, which could eventually lead to a referral to the Court of Justice to the European Union (CJEU).