High Court of Ireland Decisions
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Cite as: [2013] IEHC 477
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Judgment Title: Minister for Justice Equality & Law Reform -v- Strzelecki (No. 2) Neutral Citation: [2013] IEHC 477 High Court Record Number: 2011 74 EXT Date of Delivery: 31/10/2013 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
Minister for Justice, Equality and Law Reform v. Strzelecki (No. 2) Extradition – European arrest warrant – Respondent surrendered to Poland – Request from Poland for consent to prosecute respondent in respect of further drug trafficking offences not covered by the EAW—Article 28 Framework Decision (2002/584/JHA)—Provisions transposed by ss.22(7) and (8) of the European Arrest Warrant Act 2003 (No. 45 of 2003)—Interpretation of s.22(8) a preliminary issue— Section 37 of Act of 2003 and Article 13 European Convention on Human Rights raised by the respondent—Human or fundamental rights based objections—Section 37 concerns objections to surrender on grounds of fundamental rights —Once surrendered fundamental rights can be invoked before the Court of issuing state—Literal interpretation of s.22(8) reflects intention of the Oireachtas.
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