The Minister for Justice & Equality -v- Lipinski [2018] IESC 8 (13 February 2018)

The Minister for Justice & Equality -v- Lipinski [2018] IESC 8 (13 February 2018)

The Supreme Court held that, in light of the CJEU judgments in S³awomir Andrzej Zdziaszek and Samet Ardic, the grounds advanced by Mr. Lipinski could not succeed because the requirements for surrender were met and the revocation of suspension did not alter the original sentence.

Citation
[2018] IESC 8
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Arkadiusz Piotr Lipinski
Jurisdiction
Ireland
Judgment Date
13 February 2018
Procedural Posture
European Arrest Warrant Surrender Proceedings / Supreme Court Appeal Following Reference to CJEU
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, In Absentia Trials, Surrender Procedures, Interpretation of Framework Decision 2002/584/jha
Criminal Law European Union Law Extradition European Arrest Warrant In Absentia Trials Surrender Procedures Interpretation of Framework Decision 2002/584/jha

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Parties

The Minister for Justice and Equality

Applicant/respondent

Arkadiusz Piotr Lipinski

Respondent/appellant

Procedural Posture

European Arrest Warrant Surrender Proceedings / Supreme Court Appeal Following Reference to CJEU

Legal Issues

  1. 1 Whether surrender under a European Arrest Warrant is permissible where the requested person was not present at the appeal hearing but was represented and aware of proceedings
  2. 2 Whether revocation of a suspended sentence in the absence of the accused constitutes a breach of in absentia requirements under the Framework Decision

Ratio Decidendi

The Supreme Court held that, in light of the CJEU judgments in S³awomir Andrzej Zdziaszek and Samet Ardic, the grounds advanced by Mr. Lipinski could not succeed because the requirements for surrender were met and the revocation of suspension did not alter the original sentence.

Court Disposition

Appeal dismissed

Orders

  • Surrender of Mr. Lipinski under the European Arrest Warrant is permitted