The court was asked whether recent developments in Poland which affect the judicial system and the judiciary are such that, without more, the applicants, all subject to European Arrest Warrants [‘EAW’] issued by Polish judicial authorities, should be discharged and thus protected from extradition.
Held: ‘there exists no general basis to decline extradition to Poland. However, by reason of the matters contained in the Commission’s Reasoned Proposal and in the other material to which we have referred, there is sufficient concern about the independence of the Polish judiciary to mean that these applicants and others in a similar position should have the opportunity to advance reasons why they might have an exceptional case requiring individual ‘specific and precise assessment’ to see whether there are substantial grounds for believing they individually might run a real risk of a breach of their fundamental rights to a fair trial. ‘
Citations:
[2018] EWHC 2848 (Admin)
Links:
Jurisdiction:
England and Wales
Extradition
Updated: 15 September 2022; Ref: scu.631196