ADVOCATE GENERAL: UK DECISION TO LEAVE THE EU SHOULD NOT AFFECT THE EXECUTION OF A EUROPEAN ARREST WARRANT ISSUED BY IT

In a news release published on 7th August, the Advocate General Opinion is provided in the case of a man arrested in Ireland on a warrant issued by the UK.  The High Court in Ireland referred the challenge made against the validity of the warrant, on the basis that the UK decision over Brexit affected it, to the CJEU.  The Advocate general has said that Brexit does not affect the warrant, and it remains valid (at least) until the UK formally ceases to be a Member State.  Whilst the Court normally follows the line given in such an Opinion, an Advocate General’s Opinion is not binding on the Court.  Rather, it is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible.

https://curia.europa.eu/jcms/upload/docs/application/pdf/2018-08/cp180124en.pdf

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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