Update: UK extradition reference to Court of Justice of the European Union - Advocate General’s Opinion handed down

11 February 2021

On 11 February 2021, Advocate General Richard de la Tour handed down his Opinion in the case Svishtov Regional Prosecutors' Office v PI (C-648/20 PPU).

The Advocate General concludes that the Framework Decision of 2002 on the European Arrest Warrant is to be interpreted as meaning that the requirements inherent in effective judicial protection which must be afforded to a person subject to an EAW for the purposes of a criminal prosecution are not satisfied where, under the law of the issuing Member State (in this case, Bulgaria), both the EAW and the national judicial decision on which it is based, first, are issued by an authority that, whilst participating in the administration of criminal justice in that Member State, is not itself a court, and, second, cannot be reviewed by a court in that Member State prior to the surrender of the person concerned.

Helen Malcolm QC of Three Raymond Buildings Chambers leads Joshua Kern, instructed by Kayders Solicitors, in this case, which is a preliminary reference made from Westminster Magistrates' Court.

The Parties will be informed by the CJEU's Registrar in due time of the next steps taken in the procedure.

The Advocate General's Opinion is available here