British judges ‘could overrule EU extradition requests’
Written by News on 08/08/2017
The Government will allow UK judges to overrule extradition requests by European Union nations after Brexit, according to a report.
Brexit Secretary David Davis plans to give judges the power to block the extradition of British citizens made under the European Arrest Warrant system, the Daily Telegraph said.
The move is aimed at addressing concerns by eurosceptic backbenchers in the Conservative Party, it said.
The arrest warrant is valid across the bloc and requires a member state to apprehend and extradite a suspect sought by another member state, in a system overseen by the European Court of Justice.
However, the paper said the Supreme Court will be the "final body of appeal" for British citizens subject to a post-Brexit warrant.
The report comes as the Government prepares to publish papers outlining its negotiating positions in the next two weeks, after the return of Theresa May from three weeks of holiday.
A Government spokeswoman said: "The Prime Minister has been clear that we will take back control of our laws and bring an end to the jurisdiction of the European Court of Justice in the United Kingdom.
"As part of the negotiations with the EU we will discuss with the EU and its member states how best to continue co-operation on security, law enforcement and criminal justice.
"The White Paper makes it clear that we will seek a strong and close future relationship with the EU on these issues.
"The EU has agreements with non-EU countries in this field to which direct ECJ jurisdiction does not apply."
Last month a report by the Lords EU Home Affairs Sub-Committee said Britain needs an arrangement on the European Arrest Warrant if it wants to avoid an "unacceptable risk".
Meanwhile, the president of the Supreme Court, Lord Neuberger, has told the BBC that the Government should provide more clarity on the role of the European Court of Justice after Brexit.
Ministers have said the European Court of Justice’s jurisdiction will end after the UK leaves the EU in March 2019.
But they have also said that British courts should continue to interpret the European court’s case law around legislation derived from the EU, on issues such as workers’ rights.
(c) Sky News 2017: British judges ‘could overrule EU extradition requests’
