Tony Arnull’s well-known book, The European Union and its Court of Justice (OUP, 2nd ed, 2006), was cited by Lord Mance in his dissenting judgment in Assange v The Swedish Prosecution Authority (30 May 2012).
Julian Assange, the founder of the WikiLeaks website, was challenging his extradition from England to Sweden in connection with an investigation there into alleged sexual offences. One of the main planks of his challenge was that a European Arrest Warrant signed off by a Swedish Public Prosecutor was invalid because it had not been issued by a ‘judicial authority’, as required by the EU Framework Decision introducing such warrants. By a majority of 5 to 2, the Supreme Court rejected that claim.
The book is a detailed examination of the contribution made by the European Court of Justice to shaping the legal framework within which the European Union operates.
A reviewer of the second edition commented: ‘The first edition was very well received and has entirely deservedly become a standard work on the Court of Justice…The author writes about the Court as about an old friend: generous in recognizing qualities, but not afraid to criticize shortcomings…’
The passage from the book cited by Lord Mance is contained in a chapter dealing with the approach taken by the Court to the interpretation of written provisions of Union law.
Further information about the Assange Case can be read at the Supreme Court website.
The European Union and its Court of Justice is published by Oxford University Press.