Extradition Through the Lens of Brexit: The UK, Ireland, and Future Extradition Prospects
Irish Journal of European Law (Forthcoming)
Posted: 17 Apr 2020
Date Written: February 29, 2020
Abstract
This paper considers the impact of Brexit on extradition, with particular reference to the UK-Ireland extradition relationship, and the UK's post-Brexit extradition prospects. Reflecting on the evolution of the culture of extradition between Ireland and the UK offers a more nuanced understanding the dynamics at stake. CJEU perspectives on challenges to the execution of arrest warrants on human rights grounds, in the context of Brexit, and political moves in renegotiating extradition, will be fundamental to the development and success of future arrangements. This paper argues that future UK-Ireland extradition need not be a crisis scenario, if strong efforts are made to mitigate risks. All future options involve elements of regression from the existing EAW framework - drawbacks which are already playing out during transition. It is imperative that judicial and political authorities involved in post-Brexit extradition are pragmatic when discharging duties, and overcoming the problems likely to arise, on whatever basis future extradition arrangements take shape.
Keywords: Extradition, European Arrest Warrant, Brexit, Transition, Security, Criminal Justice, AFSJ
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