Minister for Justice Equality and Law Reform -v- Adach [2010] IESC 33 (13 May 2010)

Minister for Justice Equality and Law Reform -v- Adach [2010] IESC 33 (13 May 2010)

The Criminal Justice (Miscellaneous Provisions) Act 2009 was law and in force at the relevant time by virtue of promulgation in Iris Oifigúil, and its procedural requirements applied to the appeal. As the appellant did not obtain the required High Court certification, the appeal was not properly before the Supreme Court.

Citation
[2010] IESC 33
Parties
Respondent/applicant: Minister for Justice Equality and Law Reform; Appellant/respondent: Rafal Adach
Jurisdiction
Ireland
Judgment Date
13 May 2010
Procedural Posture
Appeal (european Arrest Warrant) / Supreme Court Motion to Strike Out Appeal
Outcome
Appeal struck out
Legal Topics
European Arrest Warrant, Appeals Procedure, Promulgation of Legislation, Retrospective Application of Law
Criminal Law Constitutional Law Extradition Law European Arrest Warrant Appeals Procedure Promulgation of Legislation Retrospective Application of Law

Case Brief

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Parties

Minister for Justice Equality and Law Reform

Respondent/applicant

Rafal Adach

Appellant/respondent

Procedural Posture

Appeal (european Arrest Warrant) / Supreme Court Motion to Strike Out Appeal

Legal Issues

  1. 1 Whether the Criminal Justice (Miscellaneous Provisions) Act 2009 applies to the appeal given its timing and publication status
  2. 2 Whether the appeal is properly before the Supreme Court without High Court certification under the amended s.16(12) of the European Arrest Warrant Act 2003

Ratio Decidendi

The Criminal Justice (Miscellaneous Provisions) Act 2009 was law and in force at the relevant time by virtue of promulgation in Iris Oifigúil, and its procedural requirements applied to the appeal. As the appellant did not obtain the required High Court certification, the appeal was not properly before the Supreme Court.

Court Disposition

Appeal struck out

Orders

  • Appeal struck out by consent