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No likely breach of right to fair trial in Poland despite concerns about independence of judiciary
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Supreme Court dismisses appeal from High Court, and affirms an order to surrender to Poland a person charged with offences relating to the manufacture and trafficking of narcotics, on the grounds that, notwithstanding concerns about the independence of the Polish judiciary arising from certain political developments, the person in question had not established that there was likely to be a breach of the essence of his right to a fair trial.
O'Donnell J (nem diss): European arrest warrant - application for surrender to Poland - charges relating to production and trafficking of, inter alia intoxicants and psychotropic substances - whether surrender would be incompatible with the State's obligations under the European Convention or in contravention of the Constitution - s. 37 of the European Arrest Warrant Act 2003 - Council Framework Decision 2002/584/JHA - changes to the organisation of the judiciary in Poland - whether right to fair trial had been violated - Charter of Fundamental Rights of the European Union, Article 47 - presumption of innocence - right of defence - independence of the judiciary in Poland - background information considered - whether a fundamental defect in the system of justice in the requesting State - reference made to Court of Justice of the European Union (CJEU) - opinion of Advocate General - decision of Grand Chamber - further information sought by High Court from Polish issuing authority - systemic deficiencies - surrender ordered - appeal to Supreme Court - whether accused would face a "flagrant denial" of his right to a fair trial - whether a "breach of the essence”.
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