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The issue before the Irish High Court is a relatively simple one: Will Artur Celmer receive a fair trial if extradited to Poland? The issue would be a lot more emotive still if Artur Celmer were an Irish National: Irish Courts and law enforcement agencies would have to be satisfied that an Irish Citizen would enjoy the same rights and protections if tried in Poland. That is the basis of trust on which much of the EU is built. Why would you subject your citizens to a judicial regime you suspect is tainted by fascist or nationalist political considerations?

Polish authorities have a duty of care to ensure other EU member states can execute European Arrest Warrants without fear of those extradited being subjected to a tainted judicial process. That duty of care is reciprocally shared by all member states. This has nothing to do with trade and everything to do with the Charter of Fundamental Rights of the European Union and other relevant Treaties. The ECJ is not a "political forum of "last resort"", but an agreed judicial forum to enforce those rights.

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Sat Sep 15th, 2018 at 09:37:57 AM EST
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Thank you for restating what I wrote, although the particularities of the case before any Irish court are irrelevant to the thesis.
Uniformity of laws among EU member-states is a political goal of EU government.
So, yes, the ECJ, understood to be the sole, final interpreter of ECU Council directives --addressed to member legislatures to enact conforming civil or criminal code-- and arbiter of disputed legal codes is a "political forum of last resort."

Thank you for not asking, What is the first political forum? I have asked the question, and it is not some generalized expectation or expression of "trust" that the conduct of persons will | should | could be uniform and predictable; or that the conduct of all persons has been or is known to be perforce socially acceptable and harmless to others.

To the contrary: The knowledge, primordial and current, that personal conduct is not uniform, predictable, and necessarily harmless to others provokes people to erect institutions of law said to codify socially acceptable and socially unacceptable conduct as well as law enforcement among people to compel their obedience to such rules and combinations thereof (algorithms) for purported "civilized" behavior.

These institutions together are called government.

And howsoever government is formed by people, the people's discourse and agreement to its terms, rewards, and punishments is the first political forum.

Diversity is the key to economic and political evolution.

by Cat on Sat Sep 15th, 2018 at 03:16:41 PM EST
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