Foreword

• Author: The Hon. Mr Justice Michael Twomey
• Pages: pp x - xiv
• Published date: 12 January 2022
• Date: 12 January 2022

Foreword

e Hibernian Law Journal is one of the foremost legal journals in Ireland, and

the articles and case notes contained in this Volume reect and emulate this

high standard. e academic pieces of work herein are innovative, engaging, and

varied, making for a fascinating read. ey are a strong testament to the breadth of

academic legal talent based in Ireland and abroad.

Joshua Kieran Glennon’s article First Among Equals: e Revenue Commissioners as

Preferential Creditors in Corporate Insolvency opens the journal with an insightful

view on the Revenue as preferential creditors, that explores the presence of this

preference in Ireland and questions the necessity of the Revenue’s preference in

modern company law. e article succinctly evaluates the history and development

of this preference, beginning with its roots in the English Crown Prerogative

and then goes on to discuss its continuing presence in Irish law, despite multiple

expert recommendations to the contrary and the overarching international trend

away from a Revenue preference. Mr. Glennon comes to his conclusion: that the

Revenue as a preferential creditor in corporate insolvency instances should be

abolished, outlining and corroborating his viewpoint in a thorough manner, with

reference to works of bodies of experts, that were oen, it is stated, overlooked in

the legislative process, and also an interesting UK comparison.

e article, e Curious Case of Artur Celmer, is an engaging review analysis of

the Irish High Court and Supreme Court judgments in the Celmer case,1 and the

judgment of the Court of Justice of the European Union in related cases, about

the issue of extraditing Mr. Celmer to Poland. Issues have arisen across the EU

regarding European Arrest Warrants (‘E AW ’), and whether there is a real risk

of an unfair trial of an individual if they are to be extradited back to Poland, in

light of the volatile position existing in Poland regarding its legal system. Hans

Fischer-Kerrane provides a clear background to the legal framework of EAWs, and

a detailed rundown of the High Court and Supreme Court judgments of Donnelly

J and O’Donnell J, as he then was. He outlines the test the CJEU developed in the

LM case2 to be applied by Member State national courts, and which was applied

in Ireland, when dealing with a possible risk of an unfair trial in the event of

extradition. He then proceeds to provide a strong analysis of the position adopted

by the CJEU, and the positive and negatives thereof, as well as the manner in which

1 Minister for Justice and Equality v Celmer [2018] IEHC 119; Minister for Justice and Equality v

Celmer [2018] IEHC 153; Minister for Justice and Equality v Celmer [2018] IEHC 154; Minister

for Justice and Equality v Celmer (No. 4) [2018] IEHC 484; Minister for Justice and Equality v

Celmer (No. 5) [2018] IEHC 639; Minister for Justice and Equality v Celmer (No. 6) [2018] IEHC

687.

2 Case C-216/18 PPU LM (Request for a preliminary ruling under Article 267 TFEU om the High

Court (Ireland)) [2018] OJ C 328.

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