Minister for Justice and Equality v RO: Brexit Means Nothing Has Changed … Yet

Abstract

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This case note analyses the judgment delivered by the CJEU in Minister for Justice and Equality v RO (C-327/18), which examines the possibility of executing European arrest warrants (EAW) issued by the UK after giving notice of its withdrawal according to art.50 TEU. In this case, the Court prioritises the functioning of the EAW despite the uncertainty surrounding the fundamental rights and legal framework governing the relationship of this country with the EU after Brexit. It clarifies issues such as whether mutual trust continues to apply to a Member State after the triggering of art.50 TEU and the implications of the loss of access to the CJEU for current EAWs. However, it also leaves many questions unanswered, such as what happens if the UK unilaterally modifies the rights assisting those surrendered prior to Brexit or what happens to EAWs which have not been executed before Brexit.