High Court of Ireland Decisions
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Cite as: [2013] IEHC 618
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Judgment Title: Minister for Justice and Equality -v- Surma Neutral Citation: [2013] IEHC 618 High Court Record Number: 2012 154 EXT Date of Delivery: 03/12/2013 Court: High Court Composition of Court: Judgment by: Edwards J. Status of Judgment: Approved |
THE MINISTER FOR JUSTICE & EQUALITY v. PAWEL SURMA (Unreported, High Court, Edwards J., 3rd December, 2013) Extradition - Ss. 11, 13, 16, 20(1) and 45 European Arrest Warrant Act 2003 – Surrender – Article 6 European Convention on Human Rights – Right to fair trial - Trial in absentia - Offences against military discipline – Framework Decisions 2002/584 and 2009/299 – Waver of right to be present at trial – Retrospective effect of legislation - Procedural or substantive amendments - Ss. 26 and 27 Interpretation Act 2005 – Article 15.5.1 and Article 25.4.1 of the Constitution - Warrants may be remedied ex post facto with additional information – Amendments to ss. 11, 16(1) and 45 of European Arrest Warrant Act 2003 procedural rather than substantive |