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European arrest warrant law out of step – letter

Legislation on European Arrest Warrants (EAW) has not yet brought Irish law into compliance with EU requirements, the European Commission has said.

The EAW is a simplified cross-border judicial procedure to surrender a requested person for the purpose of prosecution or executing a custodial sentence or detention order.

Ireland is failing to comply with the Framework Decision on the European Arrest Warrant and the surrender procedures between Member States (Council Framework Decision 2002/584/JHA), the Commission has stated.

Ireland’s European Arrest Warrant (Amendment) Act 2024 has been criticised by the European Commission in a formal letter.

Analysis

After analysing the new amending law adopted by Ireland, the Commission concluded that new grievances, in addition to those set out in a first letter of formal notice, have emerged.

It says that 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”.

Depending on the response, the Commission may decide to send a reasoned opinion, which could lead to a referral to the Court of Justice to the European Union (CJEU), pictured.