Minister for Justice -v- O'Connor [2018] IESC 3 (01 February 2018)

Minister for Justice -v- O'Connor [2018] IESC 3 (01 February 2018)

The Court finds that an issue of European law arises regarding the effect of Brexit on the surrender of an EU citizen to the UK under the European arrest warrant regime, which is necessary to determine the proceedings and is not acte clair. Leave to appeal is granted to enable a reference to the Court of Justice of the European Union.

Citation
[2018] IESC 3
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Thomas Joseph O’Connor
Jurisdiction
Ireland
Judgment Date
01 February 2018
Procedural Posture
Application for Leave to Appeal (leapfrog Appeal) / Supreme Court Application for Leave to Appeal
Outcome
Leave to appeal granted for the purpose of making a reference to the Court of Justice of the European Union
Legal Topics
European Arrest Warrant, Brexit, Article 50 TEU, Preliminary Reference (article 267 Tfeu), Rights of EU Citizens, Surrender to Non EU State
European Union Law Extradition Law Constitutional Law European Arrest Warrant Brexit Article 50 TEU Preliminary Reference (article 267 Tfeu) Rights of EU Citizens +1 more

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Parties

The Minister for Justice and Equality

Applicant/respondent

Thomas Joseph O’Connor

Respondent/appellant

Procedural Posture

Application for Leave to Appeal (leapfrog Appeal) / Supreme Court Application for Leave to Appeal

Legal Issues

  1. 1 Whether the effect or potential effect of Brexit on European arrest warrant proceedings meets the constitutional threshold for leave to appeal
  2. 2 Whether surrender of an EU citizen to the UK is permissible given Brexit and potential loss of EU law rights
  3. 3 Whether a reference to the Court of Justice of the European Union is required under Article 267 TFEU

Ratio Decidendi

The Court finds that an issue of European law arises regarding the effect of Brexit on the surrender of an EU citizen to the UK under the European arrest warrant regime, which is necessary to determine the proceedings and is not acte clair. Leave to appeal is granted to enable a reference to the Court of Justice of the European Union.

Court Disposition

Leave to appeal granted for the purpose of making a reference to the Court of Justice of the European Union

Orders

  • Leave to appeal granted
  • Expedited hearing to determine questions to be referred to the CJEU