This blog reviews Case C-327/18 PPU Judgment of the Court (First Chamber) 19 September 2018. In short: “Mere notification” is not an exceptional circumstance within the meaning of the case law which is capable of justifying a refusal to execute an EAW. Substantial grounds to believe that the requested person is at risk of being deprived of rights recognised by the Charter and the Framework Decision, following the withdrawal from the EU of the issuing MS, are required for the MS to refuse to execute the EAW while the issuing MS remains a member of the EU.
Scant attention has been paid to the House of Lords review of the Crime (Overseas Production Order) Bill — yet the legislation will give the UK authorities vastly extended powers to see data stored overseas for the purposes of criminal prosecutions. Critically, the bill needs more safeguards to protect individual rights before it gains final approval.
This month marked 20 years since the Rome Statue created the International Criminal Court (“ICC”) – the Court responsible for prosecuting international crimes of genocide, crimes against humanity and war crimes. This milestone anniversary was celebrated by extending, with effect from 17 July 2018, the ICC’s prosecutorial remit to include the crime of ‘aggression’.
“I put it to Ministers that they cannot be a little bit in favour of the death penalty”. So said Diane Abbott in the Commons on Tuesday. This was during an aggressive Q&A session which followed her urgent question to the Home Secretary asking for a statement clarifying the UK’s stance on the death penalty. The question was asked following the already infamous leaked letter written by the UK Home Secretary Sajid Javid to the US Attorney General Jeff Sessions in relation to the request from the US for evidence to assist with proceedings against Alexanda Kotey and El Shafee Elsheikh, the remaining members of the Isis cell known as ‘The Beatles’.