Republic of Poland v Kaim [2020] NIQB 36 (20 April 2020)

The law on the necessity of a preliminary reference to the CJEU is settled; therefore, there is no point of law of general public importance to certify, and leave to appeal to the Supreme Court is refused.

Citation: [2020] NIQB 36
Parties: Requesting State/respondent: Republic of Poland; Requested Person/appellant: Piotr Kaim
Jurisdiction: Northern Ireland
Judgment Date: 20 April 2020
Procedural Posture: Extradition Appeal / Application for Certification of Point of Law and Leave to Appeal to Supreme Court
Outcome: Application for certification and leave to appeal refused
Legal Topics: Preliminary Reference to CJEU, Certification of Point of Law, Council Framework Decision 2002/584/jha, Article 267 TFEU

Extradition Law European Union Law Preliminary Reference to CJEU Certification of Point of Law Council Framework Decision 2002/584/jha Article 267 TFEU

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Parties

Republic of Poland

Requesting State/respondent

Piotr Kaim

Requested Person/appellant

Procedural Posture

Extradition Appeal / Application for Certification of Point of Law and Leave to Appeal to Supreme Court

Legal Issues

1 Whether the Divisional Court was required to refer a question to the CJEU under Article 267 TFEU
2 Whether there was a point of law of general public importance to certify for appeal

Ratio Decidendi

Court Disposition

Application for certification and leave to appeal refused

Orders

Refusal to certify the procedural or substantive question as a point of law of general public importance
Refusal of leave to appeal to the Supreme Court