Furman v Polish Judicial Authority

Furman v Polish Judicial Authority

The appeal is stayed pending Supreme Court guidance on the correct approach to early release provisions under Article 77 Polish Criminal Code, as this issue may be decisive in determining proportionality under Article 8 ECHR.

Parties
Claimant: Furman; Defendant: Polish Judicial Authority
Jurisdiction
England and Wales
Judgment Date
28 November 2024
Procedural Posture
Renewed Application for Permission to Appeal (extradition) / High Court, Administrative Court, King's Bench Division
Outcome
Appeal stayed pending Supreme Court decision; permission to appeal not granted at this stage.
Legal Topics
Extradition, Proportionality, Article 8 ECHR, Early Release, Conditional Release, Public Interest
Criminal Law Extradition Law Human Rights Law Extradition Proportionality Article 8 ECHR Early Release Conditional Release +1 more

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Parties

Furman

Claimant

Polish Judicial Authority

Defendant

Procedural Posture

Renewed Application for Permission to Appeal (extradition) / High Court, Administrative Court, King's Bench Division

Legal Issues

  1. 1 Whether extradition would be disproportionate and incompatible with Article 8 ECHR
  2. 2 Whether early release prospects under Article 77 Polish Criminal Code affect proportionality
  3. 3 Appropriate timing for assessing proportionality under Article 8

Ratio Decidendi

The appeal is stayed pending Supreme Court guidance on the correct approach to early release provisions under Article 77 Polish Criminal Code, as this issue may be decisive in determining proportionality under Article 8 ECHR.

Court Disposition

Appeal stayed pending Supreme Court decision; permission to appeal not granted at this stage.

Orders

  • Judgment to be transcribed at public expense and submitted for approval within 28 days.