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Offender might no longer be entitled to invoke EU rights if surrendered to UK under European arrest warrant
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Supreme Court, on an application for certificate for leave to appeal from the High Court, decides to refer to the Court of Justice of the European Union questions arising from an application by the United Kingdom for surrender by way of European arrest warrant of an offender convicted of revenue offences, in circumstances where the UK had given notice of its intention to leave the European Union, and where the offender might no longer be entitled to invoke his rights under EU law.
Clark CJ (nem diss): Complications arising from the UK decision to leave the European Union - European arrest warrant - order for surrender - affirmation of order for surrender - risk that suspect will be detained in the United Kingdom beyond the time when the UK leaves the European Union - application for leave to appeal - whether to grant or refuse leave - "leapfrog appeal" - European Dimension - jurisdiction of the Court of Justice of the European Union - Article 267, Treaty on the Functioning of the European Union - 33rd amendment of the Irish Constitution - whether point of EU law raised that was not truly "acte clair" - the "Brexit issue" - surrender sought so that offender might serve a sentence arising from revenue offences - obligation on court of final appeal of a member state to refer issues to the Court of Justice.
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