Minister for Justice, Equality and Law Reform -v- Altaravicius [2006] IESC 23 (05 April 2006)

Minister for Justice, Equality and Law Reform -v- Altaravicius [2006] IESC 23 (05 April 2006)

Neither the European Arrest Warrant Act, 2003 (as amended), nor the Framework Decision, requires that a copy of the underlying domestic warrant be produced or furnished to the respondent or the court in every case. The presumption of compliance stands unless evidence to the contrary is shown. The High Court erred in directing production of the domestic warrant in all cases absent any evidential basis to question the validity of the European Arrest Warrant.

Citation
[2006] IESC 23
Parties
Plaintiff/appellant: Minister for Justice, Equality and Law Reform; Defendant/respondent: Valdemaras Altaravicius
Jurisdiction
Ireland
Judgment Date
05 April 2006
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Order
Outcome
Appeal allowed; High Court order set aside
Legal Topics
European Arrest Warrant, Extradition Procedures, Mutual Recognition of Judicial Decisions, Fair Procedures, Presumption of Compliance, Judicial Cooperation
Criminal Law Extradition Law European Union Law European Arrest Warrant Extradition Procedures Mutual Recognition of Judicial Decisions Fair Procedures Presumption of Compliance +1 more

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Parties

Minister for Justice, Equality and Law Reform

Plaintiff/appellant

Valdemaras Altaravicius

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order

Legal Issues

  1. 1 Whether a person is entitled, simply on request, to the domestic warrant underlying a European Arrest Warrant
  2. 2 Whether the High Court was correct in directing production of the domestic warrant in all cases of surrender applications under the European Arrest Warrant Act, 2003

Ratio Decidendi

Neither the European Arrest Warrant Act, 2003 (as amended), nor the Framework Decision, requires that a copy of the underlying domestic warrant be produced or furnished to the respondent or the court in every case. The presumption of compliance stands unless evidence to the contrary is shown. The High Court erred in directing production of the domestic warrant in all cases absent any evidential basis to question the validity of the European Arrest Warrant.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • The appeal is allowed.
  • The High Court order directing production of the domestic warrant is set aside.