I note there is some talk about the European Arrest Warrant at the moment. This is the arrangement whereby we can issue a warrant to have someone suspected of a crime returned to the UK from another EU state. It is not known if the government intends to withdraw from it or not. David Davis is thought to be considering (HERE) giving British judges the right to overrule requests by EU states for their citizens to be extradited from the UK.
If this is correct, no doubt the EU will reciprocate and judges in the member states will be able to overrule our requests, thus rendering the whole thing useless. Denis McShane says we are in danger of becoming the Costa del Crime with criminals coming here to avoid arrest (HERE). Meanwhile the House of Commons has produced a research briefing paper setting out the pro's and con's of the EAW (HERE) and you can download a complete paper if you want to see the options.
One option apparently is to withdraw completely (because the ECJ is a red line isn't it!) and then negotiate bilateral agreements with the 27 other EU member states. This is being seriously considered, at least in the briefing paper. What the EU 27 will make of it I do not know. What is it with us and foreign judges?
A journalist on The Telegraph, Phillip Johnson perhaps offers an explanation. He says (HERE) remaining in the EAW would be "an offence against our ancient liberties". It is pure, highly concentrated xenophobia. Only white Englishmen of a certain class could possibly dispense the law and pronounce on us. No foreigner could do it. This is the root of the problem.
