A suspected drug dealer will have to prove that Poland’s judicial system is so flawed that he will not be able to get a fair trial if he is extradited from Ireland to his home country, an advocate general of the European Court of Justice said Thursday.
The opinion was issued after the Irish High Court reacted to a Polish arrest warrant by turning to the ECJ to determine whether Polish courts, subjected to deep and controversial reforms by the ruling Law and Justice Party, preclude suspect Artur Celmer from getting a fair trial in Poland. Polish authorities were very critical of the Irish court’s decision to involve Europe’s highest court.
The eventual ECJ decision is potentially explosive: If it finds that the Irish court does not need to obey a Polish extradition request, it would signal that Polish courts no longer function as a normal part of the EU’s justice system — dealing a blow to the ruling party.
The advocate general’s opinion was very carefully worded, finding that the Irish court has to determine not only that the Polish justice system is flawed, but that in Celmer’s specific case, it would harm his right to a fair trial.
“The executing judicial authority is required to postpone the execution of a European arrest warrant only where it finds not only that there is a real risk of flagrant denial of justice on account of deficiencies affecting the system of justice of the issuing member state but also that the individual concerned by the warrant will be exposed to such a risk,” said the opinion issued by Advocate General Evgeni Tanchev.
The advocate general’s opinion is often, but not always, followed by the court when it makes its ruling.
The issue of the arrest warrant dovetails with broader EU concern about the direction of the Polish justice system. Brussels launched an Article 7 proceeding against Poland that could result in the country losing its voting rights as an EU member — although the chances of such an outcome are remote as Hungary has promised to defend Poland.
In parallel, the European Commission is proposing beginning an infringement procedure against Poland over breaches to the EU’s principles of rule of law.
The country was probed by EU ministers over its judicial reforms on Tuesday, with Polish officials explaining that their steps fall within the bounds of EU legal norms and insisting that Warsaw will not backtrack.
The Commission intends to keep pursuing the matter.
“Let me be very clear: The systemic threat for the rule of law persists,” Commission First Vice President Frans Timmermans said at a news conference following the hearing before the General Affairs Council in Luxembourg.