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

European Law Review, 2008 vol 33

15 Pages Posted: 19 Mar 2011 Last revised: 14 May 2015

See all articles by Elaine Fahey

Elaine Fahey

City, University of London - City Law School

Date Written: March 16, 2011

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, Ireland, Duty of conforming interpretation, fundamental rights

Suggested Citation

Fahey, Elaine, How to Be a Third Pillar Guardian of Fundamental Rights? The Irish Supreme Court and the European Arrest Warrant (March 16, 2011). European Law Review, 2008 vol 33. Available at SSRN: https://ssrn.com/abstract=1788282 or http://dx.doi.org/10.2139/ssrn.1788282

Elaine Fahey (Contact Author)

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

Northampton Square
London, London EC1V OHB
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
84
Abstract Views
406
rank
298,518
PlumX Metrics