The Minister for Justice and Equality -v- Lisauskas [2018] IESC 42 (31 July 2018)

The Minister for Justice and Equality -v- Lisauskas [2018] IESC 42 (31 July 2018)

There is sufficient uncertainty as to whether the Prosecutor General of Lithuania qualifies as a 'judicial authority' under the autonomous meaning of Article 6(1) of the Framework Decision, given the evidence that the Prosecutor General does not administer justice under Lithuanian law and the lack of clear criteria from CJEU jurisprudence. Therefore, the Supreme Court is obliged to refer questions to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2018] IESC 42
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Thomas Lisauskas
Jurisdiction
Ireland
Judgment Date
31 July 2018
Procedural Posture
Appeal / Interim Ruling; Referral to Court of Justice of the EU for Preliminary Ruling
Outcome
Referral to the Court of Justice of the European Union for preliminary ruling
Legal Topics
European Arrest Warrant, Judicial Authority Definition, Mutual Recognition, Surrender Procedures
European Union Law Criminal Law Extradition Law European Arrest Warrant Judicial Authority Definition Mutual Recognition Surrender Procedures

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Parties

The Minister for Justice and Equality

Applicant/respondent

Thomas Lisauskas

Respondent/appellant

Procedural Posture

Appeal / Interim Ruling; Referral to Court of Justice of the EU for Preliminary Ruling

Legal Issues

  1. 1 Whether the Prosecutor General of Lithuania is a 'judicial authority' within the autonomous meaning of Article 6(1) of the Framework Decision on the European Arrest Warrant

Ratio Decidendi

There is sufficient uncertainty as to whether the Prosecutor General of Lithuania qualifies as a 'judicial authority' under the autonomous meaning of Article 6(1) of the Framework Decision, given the evidence that the Prosecutor General does not administer justice under Lithuanian law and the lack of clear criteria from CJEU jurisprudence. Therefore, the Supreme Court is obliged to refer questions 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 for preliminary ruling

Orders

  • Questions referred to the CJEU under Article 267 TFEU regarding the criteria for determining whether a public prosecutor is a 'judicial authority' under Article 6(1) of the Framework Decision.
  • Request for the reference to be linked with the similar appeal of Mr. Dunauskis and for expedited or priority procedure.