Extraditions between Ireland and EU can continue after Brexit, CJEU says

The Court of Justice of the European Union has ruled that extraditions between Ireland and the UK can take place after two men challenged the lawfulness of such arrangements following Brexit.

In findings published on Tuesday, the CJEU said the provisions in the Withdrawal Agreement between the UK and EU and those in the Trade and Cooperation Agreement concerning the new surrender mechanism are “binding on Ireland”.

The Supreme Court made a referral to the CJEU in July following appeals by two men opposing their surrender to the UK on the grounds that there was no legal basis for the continuance of the European Arrest Warrant system between Ireland and the UK.

At the time, the then Chief Justice Frank Clarke said it was important that "maximum clarity" be brought to the issue as soon as possible because of its potential to affect many similar cases.

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Both men claimed the EU lacked competence, either under the Withdrawal Agreement or the Trade and Cooperation Agreement, to bind Ireland to measures within the Area for Security, Freedom and Justice (ASFJ) because Ireland has not exercised an opt-in to the ASFJ. Ireland’s failure to opt in meant the measures relating to surrender have no valid application to Ireland, they claimed.

However, the CJEU ruled that the provisions of the Withdrawal Agreement and the Trade and Cooperation Agreement meant Ireland has the “choice whether or not to opt in to them”.

The Supreme Court will take the CJEU decision into account when preparing its final judgment on the men’s appeals.