The EU could take Ireland to court unless it correctly puts in place requirements under the European Arrest Warrant, the European Commission has warned.
The European Arrest Warrant (EAW) allows other member states to request Ireland detains a suspect on their behalf before extraditing that person.
Likewise Ireland can request other EU member states detain suspects on its behalf as part of a criminal investigation.
“The aim of the EAW is to ensure that open borders and free movement in the Union are not exploited by those seeking to evade justice”, the European Commission says.
“It is the most successful instrument of judicial cooperation in criminal matters in the Union.”
But the European Commission says that Ireland is not fully implementing EU law which forms the backbone of the EAW.
“The Commission identified that Ireland failed to correctly transpose the provisions related to decisions taken following trials in absentia, the determination of competent judicial authorities, the role of the central authority in the context of the EAW procedure, the time limits to take the decision on surrender, and the provisions on competing international obligations”, the European Commission said in a statement.
Last year Ireland passed a law amending its implementation of the European Arrest Warrant.
At the time, the Department of Justice said the changes were “to ensure the continued efficient operation of the European arrest warrant system in the State…[and to address] issues raised by the European Commission with regard to the State’s transposition of the European arrest warrant Framework Decision.”
Responding to the threat from the European Commission that it could take Ireland to court over the matter, the Department of Justice said:
“We note the European Commission’s decision to send a reasoned opinion regarding Ireland’s transposition of the Framework Decision on the European arrest warrant.
We have engaged extensively with the Commission on this matter and will carefully consider the views expressed in the reasoned opinion. Substantial amendments have already been introduced to our national implementing legislation in 2024 and further amendments are provided for in the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025, recently approved by Government. Ireland remains committed to the full implementation of the Framework Decision.”