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CJEU hears first challenge about the impact of Brexit on EU rights

DATE: 13 Jul 2018

On 12 July 2018, the CJEU heard the first challenge concerning the impact of the UK's withdrawal from the EU on continuing rights and obligations in EU law. In Case C-327/18 PPU RO, the CJEU considered a challenge by a British national being surrendered by Ireland to the UK under the Common European Arrest Warrant Framework Decision (Decision 2002/584/JHA) to face trial on charges of murder, rape and arson. RO claimed that he should not be surrendered to the UK because the fact of the UK's withdrawal from the EU meant that his rights under the Framework Decision could not be guaranteed after withdrawal. The case is significant for determining the impact of Brexit on the rights and obligations of the UK and other EU Member States in the period before withdrawal takes place.

The case was heard under the CJEU's urgent procedure. The Advocate General's Opinion will be delivered on 7 August 2018.

David Blundell represented the United Kingdom, led by Josh Holmes QC.