High Court of Ireland Decisions
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Cite as: [2013] IEHC 531
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Judgment Title: The Minister for Justice & Equality -v- Kasprowicz Neutral Citation: [2013] IEHC 531 High Court Record Number: 2012 214 EXT Date of Delivery: 14/11/2013 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
Minister for Justice and Equality v. Kasprowicz (Unreported, High Court, Edwards J., 14th November, 2013) Extradition – European arrest warrant – Refusal to surrender – Respondent seeking an order pursuant to s. 16(11) of the Act of 2003 (as now substituted by s.10 of the European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012) certifying that the Court’s order or decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court – Three questions posed – Questions address: The rule of speciality under s.22 – A three year delay in transmission of the European Arrest Warrant – Issues relating to oppression under s.37 – The court was not disposed to certify any of the questions on basis that there was no evidence that the issuing state intends to disregard the rule of speciality; delay was not put forward as a factor to prejudice any legal right and no link was made between alleged oppression and recognised rights. |