Minister for Justice and Equality v O'Connor [2018] IESC 47 (09 October 2018)

Minister for Justice and Equality v O'Connor [2018] IESC 47 (09 October 2018)

The CJEU has already answered the questions posed in this case in R.O., holding that Brexit does not preclude surrender under a European Arrest Warrant unless there are substantial grounds to believe the individual's rights will be infringed. No such grounds have been substantiated in Mr. O'Connor's case. Therefore, there is no necessity to maintain the reference to the CJEU, and the application should be refused unless the CJEU indicates a willingness to reconsider the issues.

Citation
[2018] IESC 47
Parties
Applicant/respondent: Minister for Justice and Equality; Respondent/appellant: Thomas Joseph O'Connor
Jurisdiction
Ireland
Judgment Date
09 October 2018
Procedural Posture
European Arrest Warrant Proceedings / Post Preliminary Reference; Consideration of Necessity to Maintain Reference to CJEU After Judgment in Related Case
Outcome
Reference to the CJEU not maintained; application to revisit surrender refused unless CJEU reopens the issue.
Legal Topics
European Arrest Warrant, Brexit Implications, Fundamental Rights Under EU Law, Surrender of Persons Between Member States
European Union Law Extradition Law Criminal Law European Arrest Warrant Brexit Implications Fundamental Rights Under EU Law Surrender of Persons Between Member States

Case Brief

Summary, issues, holding and outcome

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Parties

Minister for Justice and Equality

Applicant/respondent

Thomas Joseph O'Connor

Respondent/appellant

Procedural Posture

European Arrest Warrant Proceedings / Post Preliminary Reference; Consideration of Necessity to Maintain Reference to CJEU After Judgment in Related Case

Legal Issues

  1. 1 Whether the impending withdrawal of the United Kingdom from the European Union (Brexit) precludes the surrender of the respondent under a European Arrest Warrant
  2. 2 Whether the CJEU's decision in R.O. resolves the legal issues raised in this case
  3. 3 Whether there are substantial grounds to believe the respondent's rights would be infringed upon surrender

Ratio Decidendi

The CJEU has already answered the questions posed in this case in R.O., holding that Brexit does not preclude surrender under a European Arrest Warrant unless there are substantial grounds to believe the individual's rights will be infringed. No such grounds have been substantiated in Mr. O'Connor's case. Therefore, there is no necessity to maintain the reference to the CJEU, and the application should be refused unless the CJEU indicates a willingness to reconsider the issues.

Court Disposition

Reference to the CJEU not maintained; application to revisit surrender refused unless CJEU reopens the issue.

Orders

  • Matter to be listed for mention in approximately four weeks to allow Mr. O'Connor to make further submissions to the CJEU if desired.
  • Unless the CJEU indicates willingness to reconsider, the Court will consider dismissing Mr. O'Connor's application and reaffirming the order for surrender.