LUXEMBOURG (CN) — Ireland is subject to the European Union's post-Brexit extradition treaty with the United Kingdom without having to opt in, a magistrate at the EU’s high court said Tuesday.
Advocate General Juliane Kokott wrote in her nonbinding opinion for the European Court of Justice that the Republic of Ireland isn’t required to separately agree to a part of the EU-U.K. withdrawal agreement concerning arrest warrants, despite previously opting out of related EU legislation.
The case was referred to the Luxembourg-based court by the Irish Supreme Court, which was asked to block the extradition of two men from Ireland to the U.K. on the grounds that the extradition treaty wasn’t valid.
Last year, the U.K. government issued arrest warrants for the two men, identified as Sd and Sn in court documents. Both men were eventually arrested in Ireland and contested their extradition to the U.K., claiming that following Brexit, Ireland had no extradition treaty with the U.K.
Under the European Arrest Warrant system, warrants issued by any EU member states are valid across all countries in the 27-member political and economic union. Following the U.K.’s departure from the EU in January 2020, the country agreed to remain in the EAW system.
However, Ireland did not sign the Treaty of Amsterdam in 1997, which created an area of freedom, security and justice and underpins the EAW system. The treaty brought EU countries together on immigration and national security issues, creating a border-free zone known as the Schengen area. The U.K. was adamantly opposed to removing border controls and Ireland, which shares a land border with Northern Ireland, a part of the U.K., choose to opt out as well.
Under the Treaty on the Functioning of the European Union, the EU does have the authority to enter into international treaties, such as the Brexit withdrawal agreement. The magistrate concluded that this was a sufficient legal basis for the EAW system, as it “merely extends and modifies existing obligations.” Kokott said the agreements are binding on Ireland.
"In the present case, taking part in the EU system means participating in the surrender regime established for the European arrest warrant by Framework Decision 2002/584. That regime applies to Ireland,” she wrote.
Legal experts say this advisory opinion is unsurprising, given that the Court of Justice recently decided the EU didn’t need buy-in from every member state to join the Istanbul Convention, a treaty to aims to combat gender-based violence.
Advocate general opinions are nonbinding but final court rulings follow their legal reasoning in about 80% of cases. A decision in the case is expected in the coming months.
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