The European Arrest Warrant before the Irish Higher Courts: Judicial Dialogue, Mutual Trust, and the Limits of Interpretation

Abstract: One of the most common EU law issues before the Irish Superior Courts is the European Arrest Warrant (EAW). Outlining the EAW Framework Decision (FD), before turning to an analysis of its statutory implementation in Ireland, this article analyses data gathered between 2010 and 2020 as to the frequency of EAW decisions; at which courts they arise; what Member States seek surrender; how often surrender is granted; and the extent to which the Irish courts engage with, and their experience of, the preliminary reference procedure. Key themes in the case law are identified using qualitative methods: the relationship between EU and Irish law is explored through an analysis of the duty of conforming interpretation under EU law; constitutional issues are explored through case law on legal aid entitlements during EAW proceedings; the horizontal impact of Irish preliminary references for other national legal orders is explored through cases raising the principle of mutual trust; and the impact of Brexit is also explored.