Nemeth & Ors v Hungarian Judicial Authorities [2021] EWHC 3366 (Admin) (09 December 2021)

Nemeth & Ors v Hungarian Judicial Authorities [2021] EWHC 3366 (Admin) (09 December 2021)

Permission to appeal is granted to the requesting state on Article 8 ECHR grounds in the case of Marina Horvath because it is reasonably arguable that the district judge's approach—delaying extradition due to the welfare of a young child—may have failed to give sufficient weight to mutual trust and recognition in serious cross-border criminality, and the balancing exercise warrants appellate consideration.

Citation
[2021] EWHC 3366 (Admin)
Parties
Requested Person: Csaba Nemeth; Requested Person: Maria Lakatos; Requested Person: Maria Horvath; Requested Person: Marina Horvath; Requesting State: Hungarian Judicial Authorities
Jurisdiction
England and Wales
Judgment Date
09 December 2021
Procedural Posture
Extradition Appeal / Interlocutory Ruling on Applications for Permission to Appeal and Procedural Directions
Outcome
interlocutory orders and directions; permission to appeal granted on Article 8 ECHR issue (Marina Horvath); other matters adjourned to reconvened hearing
Legal Topics
European Arrest Warrant, Article 8 ECHR, Article 3 ECHR, Article 5 ECHR, Article 6 ECHR, Section 12 a Extradition Act 2003, Representation Orders
Extradition Criminal Law Human Rights European Arrest Warrant Article 8 ECHR Article 3 ECHR Article 5 ECHR Article 6 ECHR +2 more

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Parties

Csaba Nemeth

Requested Person

Maria Lakatos

Requested Person

Maria Horvath

Requested Person

Marina Horvath

Requested Person

Hungarian Judicial Authorities

Requesting State

Procedural Posture

Extradition Appeal / Interlocutory Ruling on Applications for Permission to Appeal and Procedural Directions

Legal Issues

  1. 1 Whether to stay proceedings pending outcome of Bogdan case
  2. 2 Whether to grant permission to appeal on Article 8 ECHR grounds (Marina Horvath)
  3. 3 Whether to extend representation orders for further expert reports

Ratio Decidendi

Permission to appeal is granted to the requesting state on Article 8 ECHR grounds in the case of Marina Horvath because it is reasonably arguable that the district judge's approach—delaying extradition due to the welfare of a young child—may have failed to give sufficient weight to mutual trust and recognition in serious cross-border criminality, and the balancing exercise warrants appellate consideration.

Court Disposition

interlocutory orders and directions; permission to appeal granted on Article 8 ECHR issue (Marina Horvath); other matters adjourned to reconvened hearing

Orders

  • Stay granted on section 2/Article 6 ECHR issue in Bogdan pending High Court determination
  • Applications to stay other matters linked to Bogdan to be heard at reconvened hearing