Courts / Ireland / Report

Polish government's "attack on the rule of law" makes extradition unsafe, High Court told

Summary

In a High Court hearing on 2 February 2018, barrister Sean Guerin SC represented Artur Celmer, a Polish national sought for alleged drug‑trafficking offences in Poland. Guerin argued that Poland's "attack on the rule of law" renders extradition unsafe, as the absence of judicial independence would undermine Celmer's rights under the European Convention on Human Rights and the Irish Constitution. He cited evidence of systemic issues, including interference in judge appointments and reforms that the European Commission has deemed to threaten impartiality. The Commission had invoked Article 7 of the Treaty on European Union in December, demanding Poland rectify these problems before further EU action. Ciaran Mulholland of Fahy Bambury Solicitors, acting for Celmer, described the case as a leading EU test case on extraditions to Poland, claiming the reforms erode mutual trust and question the European Arrest Warrant system. Justice Aileen Donnelly, after considering the arguments, remanded Celmer in custody until 12 March, postponing the decision on extradition.

Who, what, where, when and why

What: Report matter: Polish government's "attack on the rule of law" makes extradition unsafe, High Court told. Procedural stage: charge_or_pretrial

When:

• March 12 Adjournment
• 2018-02-02 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Charge Or Pretrial

Read the original CNI report