Date01 January 2021
AuthorThe Hon. Mr Justice Michael Twomey
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
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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