European Arrest Warrant, and the UK

[DGRossetti]

bye bye

UK being put firmly in it's post Brexit place. ...

Michael Dougan, Professor of European Law, University of Liverpool, Joint Editor, Common Market Law Review, has just tweeted

Writing report for 2020 International Federation of European Law in The Hague. Fascinating example from Portugal: Supreme Court refuses arrest warrant from UK because, post-Brexit, no guarantees that a non-Member State will respect basic human rights. So much for Case C-327/18?!

Two points 1) next time some Leaver claims Brexit won't interfere with UK's international security cooperation, point out it already has-without even happening yet 2) outside world sees what so many Brits can't: Brexit=threat to all our rights / protections against abuse of power

twitter.com/mdouganlpool/status/1212732305871134720

Link to the C-327/18 case referred to:

eclan.eu/en/eu-case-law/ro-c-327-18-ppu

Michael Dougan, Professor of European Law, University of Liverpool, Joint Editor, Common Market Law Review, has just tweeted

Michael Dougan tweets a lot!

"You'll be relieved to hear, little Leaver, that I'm as chirpy as a new year's birdy."

"You're not my friend. Nor have you ever acted like my equal. And you're certainly not my PM. So stuff your bloody Brexit up your getnitdun, Johnson."

"Awh - poor wee NigeyWigey and his diddums BrexityWhexityCompany!"

Do you think he's suffering from that Brexit disease?

Michael Dougan tweets a lot!

So does Donald Trump. Maybe it's the mark of latter day genii ?

Trying to locate the Portuguese case alluded to. All of a sudden, the UKs pisspoor digital provision is cast into sharp relief. I hesitate to say "stone age", but let's just say I felt like firing up Prince and partying like it's 1999.

But we'll still be a signatory to the European Convention of Human Rights?

www.equalityhumanrights.com/en/what-european-convention-human-rights

on, sorry

UK cannot seriously expect to keep the benefits of membership?

Of course, something else will replace the EAW but that will take time, years away, so we'll probably have to negotiate individual extradition agreements but it all worked v well in the 60s and 70s so nothing to really worry about!

UK made 2300 arrest requests across the EU in the last 10 years.

Not being a lawyer, I can only speculate. However the EAW is not a treaty as such, and relies on legislation that member states have put in place to ensure compliance with human rights provisions. Once the UK leaves the EU (and therefore scraps all EU legislation) just "relying on a treaty" isn't good enough.

It's worth remembering that prior to 1997 - despite being a signatory to the ECHR, very few cases were actually able to make it to the ECtHR.

I'd be curious to read the SCJP reasoning. However (speculation again) I am guessing they're not swayed by "ifs buts and maybes" and would prefer the UK to actually have laws in place before trusting us.

Of course, something else will replace the EAW but that will take time, years away, so we'll probably have to negotiate individual extradition agreements but it all worked v well in the 60s and 70s so nothing to really worry about!

Especially for one R.Biggs, Esq.

Ah, reading

en.wikipedia.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union#The_United_Kingdom's_Exit_from_the_European_Union_(%22Brexit%22)

makes more sense.

(There's an irony here, in that it seems the EU gold plated the human rights bit of the EAW. I wonder how the UK feels about that ?)

UK made 2300 arrest requests across the EU in the last 10 years.

I can only read the headline (paywall) of this article:

"A record number of European criminals are suspected of being on the run in Britain."

"The UK received 17,256 European arrest warrants last year for suspects wanted by police elsewhere in the EU, including 619 people wanted for murder or manslaughter, 229 suspected rapists and 265 suspected paedophiles, an analysis of National Crime Agency (NCA) figures has revealed."

"Despite the record number of warrants, the number of arrests was 1,027."

It would be much better if we didn't have to let these criminals into the country in the first place!

www.thetimes.co.uk/article/eu-arrest-warrants-for-record-number-of-suspects-in-britain-cz26qxn3t

Clav - if you read the NCA report on EAW, you will find that where the issuing country doesn't know where the suspect is, they issue a warrant in all the countries he or she might be..... multiplies the numbers, doesn't mean 17k crims are in the UK......

UK has arrested and returned around 950 suspects in the same 10 year period, we are either crap at tracking who comes here or they never came here in the first place?

How limiting access to EU criminal record DB's helps in stopping more suspects coming in i do not know.... you er a Brexitier, enlighten me?

I haven't got time to read the NCA report now - but if we start requesting entry into the UK with a passport instead of just an ID card we can keep more EU criminals out (+ Albanians who use fake Greek/Italian ID).

But if we not have access to the said criminal DB's then anyone turning up, at Dover, saying they are here for a 2 week holiday, will be let in, Crims won't be working and will disappear into the general population, free to continue to do whatever they want, whilst BJ hires 500 extra police.

If, in the rare event they are routinely stopped, they can say they are Mr Joe Bloggs and been here for years, no proof or ID is required.

Need an ID card solution but hang on, Albania isn't even in the EU !!!! so what exactly is going to change?

But if we not have access to the said criminal DB's then anyone turning up, at Dover, saying they are here for a 2 week holiday, will be let in

It's already established fact that Brexiteers weren't the brightest buttons in the box ...

Would anyone happen to know the Portuguese case being commented on?