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On 3 December 2019, a Divisional Court consisting of Hamblen LJ and William Davies J granted permission to appeal in a case concerning the status of French public prosecutors, who under French law enjoy sole competence to issue European Arrest Warrants (‘EAWs’).
The basis of the appeal is that, following the CJEU’s recent judgment in Minister for Justice and Equality v OG and PI (joined cases C-508/18 and C-82/19 PPU), French public prosecutors are not to be regarded as ‘judicial authorities’ within the meaning of s.2 of the Extradition Act 2003, since: (i) the French legislative framework governing the issuance of EAWs does not comply with the minimum standards required by EU law, and (ii) French public prosecutors are insufficiently independent of the executive. If the appeal succeeds, the consequence is likely to be that all EAWs emanating from France are invalid.
Juliet Wells is instructed by Robert Katz of Brooklyn Solicitors on behalf of the Appellant. She is led by Alison Macdonald QC of Matrix Chambers.