Minister for Justice & Equality -v- Lipinski [2017] IESC 26 (22 May 2017)

Minister for Justice & Equality -v- Lipinski [2017] IESC 26 (22 May 2017)

The Supreme Court determined that the proper interpretation of Article 4a of the Framework Decision, specifically whether the revocation of a suspended sentence without notification constitutes a 'trial' for the purposes of precluding surrender, is not acte clair and must be referred to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2017] IESC 26
Parties
Applicant/respondent: Minister for Justice & Equality; Respondent/appellant: Arkadiusz Piotr Lipinski
Jurisdiction
Ireland
Judgment Date
22 May 2017
Procedural Posture
European Arrest Warrant Surrender Proceedings / Appeal to Supreme Court; Referral to CJEU
Outcome
Referral to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling.
Legal Topics
European Arrest Warrant, In Absentia Trials, Surrender of Persons, Interpretation of Article 4a Framework Decision 2002/584/jha
Criminal Law European Union Law Extradition Law European Arrest Warrant In Absentia Trials Surrender of Persons Interpretation of Article 4a Framework Decision 2002/584/jha

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Parties

Minister for Justice & Equality

Applicant/respondent

Arkadiusz Piotr Lipinski

Respondent/appellant

Procedural Posture

European Arrest Warrant Surrender Proceedings / Appeal to Supreme Court; Referral to CJEU

Legal Issues

  1. 1 Whether surrender under a European Arrest Warrant is precluded where the custodial sentence was reinstated without notification to the person concerned of the hearing leading to reinstatement
  2. 2 Proper interpretation of 'trial' in Article 4a of Framework Decision 2002/584/JHA in the context of revocation of suspended sentences

Ratio Decidendi

The Supreme Court determined that the proper interpretation of Article 4a of the Framework Decision, specifically whether the revocation of a suspended sentence without notification constitutes a 'trial' for the purposes of precluding surrender, is not acte clair and must be referred to the Court of Justice of the European Union for a preliminary ruling.

Court Disposition

Referral to the Court of Justice of the European Union under Article 267 TFEU for a preliminary ruling.

Orders

  • Parties to file written observations on the draft order of reference within one week.
  • Court to settle and submit the order of reference to the CJEU.