Courts / Ireland / Report

Lawyers given permission to appeal in Polish extradition case

Summary

The High Court has permitted an appeal in the extradition case of Artur Celmer, a 31-year-old man wanted by Poland to face trial on drugs trafficking charges. Ms Justice Aileen Donnelly, who previously ordered Celmer's surrender, granted the appeal on the basis that her interpretation of a Court of Justice of the EU ruling was not "clear cut" and that another view might prevail. She proposed that the matter be formalised for a higher Irish court, suggesting a "leapfrog" appeal directly to the Supreme Court due to the case's impact on other extradition proceedings. The core legal question is whether generalised systemic deficiencies in an EU member state's judicial independence are sufficient to establish a specific risk to an accused's fair trial rights. A stay on the surrender order was imposed for 11 days. The proceedings also addressed allegations regarding Poland's justice reforms. While Poland's Deputy Justice Minister was quoted as calling Celmer a "dangerous criminal" connected to a "drugs mafia," Judge Joanna Bitner of the Warsaw Regional Court assured the High Court that such statements were irrelevant to judicial independence. Conversely, Judge Piotr Gaciarek testified that recent laws and their practical operation posed "very serious threats" to the Polish justice system, citing disciplinary actions against judges who criticised government amendments aimed at placing courts under political control.

Who, what, where, when and why

What: Report matter: Lawyers given permission to appeal in Polish extradition case. Procedural stage: appeal

When:

• 2018-11-28 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

Read the original CNI report