Minister for Justice Equality and Law Reform -v- Desjatnikovs [2008] IESC 53 (31 July 2008)

Minister for Justice Equality and Law Reform -v- Desjatnikovs [2008] IESC 53 (31 July 2008)

There is no corresponding offence under Irish law for the acts alleged in the warrant, and the issuing state did not tick or otherwise mark any offence on the Article 2.2 list. The European Arrest Warrant Act 2003, properly construed in light of the Framework Decision, does not permit Irish courts to determine for themselves whether the conduct falls within the Article 2.2 list in the absence of such a mark. Therefore, the requirements for surrender are not met.

Citation
[2008] IESC 53
Parties
Applicant/respondent: The Minister for Justice, Equality and Law Reform; Respondent/appellant: Ivans Desjatnikovs
Jurisdiction
Ireland
Judgment Date
31 July 2008
Procedural Posture
Appeal (extradition) / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant
Outcome
Appeal allowed; High Court order for surrender set aside
Legal Topics
European Arrest Warrant, Double Criminality, Extradition Procedure, Interpretation of Framework Decision, Corresponding Offence, List System Under Article 2.2
Criminal Law Extradition Law European Union Law European Arrest Warrant Double Criminality Extradition Procedure Interpretation of Framework Decision Corresponding Offence +1 more

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Parties

The Minister for Justice, Equality and Law Reform

Applicant/respondent

Ivans Desjatnikovs

Respondent/appellant

Procedural Posture

Appeal (extradition) / Supreme Court Judgment on Appeal From High Court Order for Surrender Under European Arrest Warrant

Legal Issues

  1. 1 Whether the acts alleged in the European arrest warrant correspond to an offence under Irish law
  2. 2 Whether the absence of a ticked offence on the Article 2.2 list in the warrant precludes surrender
  3. 3 Whether Irish courts can determine if conduct falls within Article 2.2 list without the issuing state marking the offence

Ratio Decidendi

There is no corresponding offence under Irish law for the acts alleged in the warrant, and the issuing state did not tick or otherwise mark any offence on the Article 2.2 list. The European Arrest Warrant Act 2003, properly construed in light of the Framework Decision, does not permit Irish courts to determine for themselves whether the conduct falls within the Article 2.2 list in the absence of such a mark. Therefore, the requirements for surrender are not met.

Court Disposition

Appeal allowed; High Court order for surrender set aside

Orders

  • Order for surrender of Ivans Desjatnikovs to Latvia set aside
  • No order for surrender to be made on the European arrest warrant in issue