I wrote this as an after thought to my article on Corbyn’s letter to May on Labour’s new Red Lines because it fascinates me; the European Arrest warrant is only available to full members of the EU, and in order to join or use it, it is necessary to comply with the CJEU and the Charter of Fundamental Rights to have access to it. Frankly the Good Friday Agreement needs that too. This would seem to be a trojan horse to put the Court and Charter of Rights back on the table. I wonder if they realise? …

Why does the CEAW require the Court and the Charter of Fundamental Rights? If the first duty of a State is to protect it its citizens, pooling the power of arrest means that, if there is no arbitration,¬† one State is diminishing its protection at the expense of another. This “trade” needs arbitration and that is the duty ultimately of the CJEU because it can’t reside in the courts of one the parties; that would be unacceptable to the excluded nation state.

Another Red Line
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