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On 8 June 2020, Lewis J in the case of Wojciech Chlabicz v Poland (CO/4976/2019) and Fordham J in Robert Wozniak v Poland (CO 4299/2019) granted permission to appeal on the basis of recent Constitutional changes in Poland which effect the independence of the judiciary, in particular the introduction of the “muzzle law”.
Their Lordships held that it was arguable that there is a real risk of a flagrant denial of justice in breach of Article 6 ECHR (s.21 of the Extradition Act 2003) or the court which issued the EAW cannot be classified as a “judicial authority” for the purposes of s.2 of the Act and Articles 1 and 6 of the Framework Decision. The cases are joined and a listing is awaited.
Saoirse Townshend represents Mr Chlabicz and Emilie Pottle represents Mr Wozniak. The permission judgement in Wozniak is available here.