How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant

Posted: 1 Apr 2009

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: May 31, 2008

Abstract

The author outlines recent developments as to the operation of the European arrest warrant before the Irish Supreme Court. The European Arrest Warrant Act, 2003 includes a far-reaching obligation to refuse surrender where a breach of fundamental rights has occurred, one that has been read down dramatically by the Irish courts. While the Irish courts cannot access the Court of Justice pursuant to Article 35 EU, they have employed the Pupino decision so as to "bridge the gap" and provide judicial protection. The effectiveness of the Supreme Court as a Third Pillar guardian of fundamental rights is thus considered.

Keywords: European arrest warrant, Fundamental Rights, Indirect effect, Irish Supreme Court

Suggested Citation

Fahey, Elaine, How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant (May 31, 2008). Available at SSRN: https://ssrn.com/abstract=1371517

Elaine Fahey (Contact Author)

City, University of London - City Law School ( email )

Northampton Square
London, London EC1V OHB
United Kingdom

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