Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62018CN0327

    Case C-327/18: Reference for a preliminary ruling from the High Court (Ireland) made on 18 May 2018 — Minister for Justice and Equality v R O

    IO C 249, 16.7.2018, p. 19–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    18/05/2018
    Date lodged:
    18/05/2018
    Author:
    An Chúirt Bhreithiúnais
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Béarla
    Type of procedure:
    Tarchur le haghaidh réamhrialú
    201806290111986452018/C 249/243272018CJC24920180716EN01ENINFO_JUDICIAL20180518192021

    Case C-327/18: Reference for a preliminary ruling from the High Court (Ireland) made on 18 May 2018 — Minister for Justice and Equality v R O

    Top

    C2492018EN1910120180518EN0024191202

    Reference for a preliminary ruling from the High Court (Ireland) made on 18 May 2018 — Minister for Justice and Equality v R O

    (Case C-327/18)

    2018/C 249/24Language of the case: English

    Referring court

    High Court (Ireland)

    Parties to the main proceedings

    Applicant: Minister for Justice and Equality

    Defendant: R O

    Questions referred

    Having regard to:

    (a)

    the giving by the United Kingdom of notice under Article 50 of the TEU;

    (b)

    the uncertainty as to the arrangements which will be put in place between the European Union and the United Kingdom to govern relations after the departure of the United Kingdom; and

    (c)

    the consequential uncertainty as to the extent to which the respondent would, in practice, be able to enjoy rights under the Treaties, the Charter or relevant legislation, should he be surrendered to the United Kingdom and remain incarcerated after the departure of the United Kingdom,

    1.

    Is a requested Member State required by European Union Law to decline to surrender to the United Kingdom a person the subject of a European arrest warrant, whose surrender would otherwise be required under the national law of the Member State,

    (i)

    In all cases?

    (ii)

    In some cases, having regard to the particular circumstances of the case?

    (iii)

    In no cases?

    2.

    If the answer to Question 1 is that set out at (ii) what are the criteria or considerations which a court in the requested Member State must assess to determine whether surrender is prohibited?

    3.

    In the context of Question 2 is the court of the requested Member State required to postpone the final decision on the execution of the European arrest warrant to await greater clarity about the relevant legal regime which is to be put in place after the withdrawal of the relevant requesting Member State from the Union

    (i)

    in all cases?

    (ii)

    In some cases, having regard to the particular circumstances of the case?

    (iii)

    In no cases?

    4.

    If the answer to Question 3 is that set out at (ii) what are the criteria or considerations which a court in the requested Member State must assess to determine whether it is required to postpone the final decision on the execution of the European arrest warrant?
    Top