Minister for Justice and Equality v RO: Brexit means nothing has changed... yet

Saenz Perez, Cristina (2019) Minister for Justice and Equality v RO: Brexit means nothing has changed... yet. European Law Review, 44 (4). pp. 548-559. ISSN 0307-5400

Full content URL: https://uk.westlaw.com/Document/IBE250F20C00511E9B...

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Minister for Justice and Equality v RO: Brexit means nothing has changed... yet
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Abstract

This case note analyses the judgment delivered by the ECJ in R.O. v Minister for Justice and Equality (C-327/18), which examines the possibility of executing European arrest warrants (EAW) issued by the UK after giving notice of its withdrawal according to art. 50 TEU. In this case, the Court prioritises the functioning of the EAW despite the uncertainty surrounding the fundamental rights and legal framework governing the relationship of this country with the EU after Brexit. This judgement is interesting as it clarifies issues such as whether mutual trust continues to apply to a Member State after triggering art. 50 TEU or the implications of the loss of access to the ECJ for current EAWs. However, it also leaves many questions unanswered, such as what happens if the UK unilaterally modifies the rights assisting those surrendered prior to Brexit or what happens to EAWs which have not been executed before Brexit.

Keywords:Brexit, Constitutionalism, Criminal law, extradition, EU law, EAW
Subjects:M Law > M120 European Union Law
Divisions:College of Social Science > Lincoln Law School
ID Code:42567
Deposited On:03 Nov 2020 14:30

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