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Cite as: [2013] IEHC 54

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Judgment Title: The Minister for Justice and Equality -v- R.P.G.

Neutral Citation: [2013] IEHC 54

High Court Record Number: 2009 340 EXT

Date of Delivery: 18/07/2013

Court: High Court

Composition of Court:

Judgment by: Edwards J.

Status of Judgment: Approved

Extradition – European arrest warrant –Prosecution and sentence type warrant– Respondent charged with 16 offences in Poland–Respondent is also wanted to serve four different sentences imposed upon him by Courts in Poland in respect of 8 offences–Objection– European Arrest Warrant Act 2003 (No. 45 of 2003), s. 37(1), European Convention on Human Rights, Art. 8 – Right to respect for private and family life–Charter of Fundamental Rights of the European Union, Art. 24 – United Nations Convention on the Rights of the Child, Art. 3 (1) – Bunreacht Na hÉireann, Art.29 – effect of non-incorporation of international law into domestic legislation–best interests of the child/children “a primary consideration” –Exact degree of weight to be attached to the child’s best interests to be determined in a case specific assessment – Proportionality - Balancing exercise between private interests of respondent and his family and the public interesting his extradition –not a disproportionate measure to extradite respondent

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