Written answers

Wednesday, 19 January 2022

Department of Justice and Equality

Extradition Arrangements

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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1194. To ask the Tánaiste and Minister for Justice and Equality if she will consider suspending extradition to Poland (details supplied); and if she will make a statement on the matter. [63029/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I wish to inform the Deputy that the Minister for Justice has no power to suspend the surrender of persons sought by Poland under the European Arrest Warrant (EAW) system as decisions on surrender are taken by the High Court as the executing judicial authority in the State under the European Arrest Warrant Act 2003, as amended.

However, I can inform the Deputy that surrender of persons to Poland from Ireland has effectively been suspended since February 2021, except in cases where an individual consents, due to legal challenges raised before the European Court of Justice relating to the rule of law in Poland.

Those legal cases were heard by the European Court of Justice on 16 November 2021 and the ruling of the Court is awaited. This ruling will inform the Irish Courts as to how Polish EAW requests should be dealt with.

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