Minister for Justice, Equality & Law Reform -v- Tobin [2008] IESC 3 (25 February 2008)

Minister for Justice, Equality & Law Reform -v- Tobin [2008] IESC 3 (25 February 2008)

The respondent did not 'flee' Hungary within the meaning of section 10(d) of the European Arrest Warrant Act, 2003, as his departure was lawful, approved by the authorities, and lacked any element of escape or evasion; the principle of conforming interpretation does not require a contra legem reading of the statute.

Citation
[2008] IESC 3
Parties
Applicant/appellant: Minister for Justice, Equality and Law Reform; Respondent/respondent: Ciarán Francis Tobin
Jurisdiction
Ireland
Judgment Date
25 February 2008
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
European Arrest Warrant, Interpretation of 'fled', Mutual Recognition, Conforming Interpretation, Extradition Procedure
Criminal Law Extradition Law European Union Law European Arrest Warrant Interpretation of 'fled' Mutual Recognition Conforming Interpretation Extradition Procedure

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Parties

Minister for Justice, Equality and Law Reform

Applicant/appellant

Ciarán Francis Tobin

Respondent/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent 'fled' Hungary within the meaning of section 10(d) of the European Arrest Warrant Act, 2003
  2. 2 Whether the principle of conforming interpretation requires surrender despite the statutory language

Ratio Decidendi

The respondent did not 'flee' Hungary within the meaning of section 10(d) of the European Arrest Warrant Act, 2003, as his departure was lawful, approved by the authorities, and lacked any element of escape or evasion; the principle of conforming interpretation does not require a contra legem reading of the statute.

Court Disposition

appeal dismissed

Orders

  • High Court order affirmed
  • Surrender of the respondent to Hungary refused