Nemeth v Hungarian Judicial Authorities

Nemeth v Hungarian Judicial Authorities

Permission to appeal is granted on the Article 8 ECHR ground in relation to Marina Horvath as the threshold of reasonable arguability is met, particularly due to the unusual feature of extradition being justified in principle but deferred due to the welfare of a young child. Applications to stay section 12A and Article 8 ECHR grounds are refused as the court should resolve them without further delay. Applications for extension of representation orders for further reports and Queen's Counsel are refused as unjustified at this stage.

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 / Permission to Appeal and Interim Applications
Outcome
permission to appeal granted in part, applications for stays and representation order extensions refused, matters adjourned for 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
Criminal Law Extradition 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 / Permission to Appeal and Interim Applications

Legal Issues

  1. 1 Whether to stay proceedings pending outcome of Bogdan case on section 2/Article 6 ECHR
  2. 2 Whether to stay other related matters pending Bogdan
  3. 3 Whether to stay section 12A and Article 8 ECHR grounds for efficiency

Ratio Decidendi

Permission to appeal is granted on the Article 8 ECHR ground in relation to Marina Horvath as the threshold of reasonable arguability is met, particularly due to the unusual feature of extradition being justified in principle but deferred due to the welfare of a young child. Applications to stay section 12A and Article 8 ECHR grounds are refused as the court should resolve them without further delay. Applications for extension of representation orders for further reports and Queen's Counsel are refused as unjustified at this stage.

Court Disposition

permission to appeal granted in part, applications for stays and representation order extensions refused, matters adjourned for reconvened hearing

Orders

  • Stay granted on section 2/Article 6 ECHR issue pending outcome of Bogdan case
  • Applications to stay four other matters to be heard at reconvened hearing