The European Court of Justice (ECJ) on Wednesday authorised EU members to refuse arrest warrants issued by Poland if they doubt defendants will get a fair trial there.
The judgement Wednesday provides the legal framework for countries to reject Polish arrest and extradition warrants and is not binding.
The decision states legal authorities in the country which receives the warrant must “postpone” executing it if they believe there is a “real risk of breach…of fundamental” human rights.
However, judgement on the fairness of other EU legal systems is for each member state to decide on an individual basis when it receives a European arrest warrant, clarified the Luxembourg-based court.
The High Court of Ireland brought the case to the ECJ after Poland issued an arrest warrant for a Polish national living in Ireland on charges of drug trafficking.
The ECJ decision allows the Irish government to reject the European extradition warrant if they have “objective, reliable, specific and properly updated” evidence of a “real” risk of a defendant being denied their right to a fair trial due to “deficiencies in the Polish system of justice”.
The move follows a series of controversial judicial reforms in Poland.
Supreme Court judges, who hold their position until retirement, saw their pension age lowered from 70 to 65, a decision described by critics as an attempt to give the government more judicial control.
The European Commission criticised the reforms in Poland on December 20 as representing “a clear risk” of a “serious” breach of the rule of law by handing the government control over legal matters.
