The Minister for Justice & Equality -v- Dunauskis [2018] IESC 43 (31 July 2018)

The Minister for Justice & Equality -v- Dunauskis [2018] IESC 43 (31 July 2018)

The Supreme Court is uncertain whether, on the evidence, the Lübeck Public Prosecutor meets the required test of independence from the executive and participation in the administration of justice to qualify as a 'judicial authority' under Article 6(1) of the Framework Decision. The matter requires interpretation of EU law and is referred to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2018] IESC 43
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Vytautas Dunauskis
Jurisdiction
Ireland
Judgment Date
31 July 2018
Procedural Posture
Appeal (european Arrest Warrant) / Interim Supreme Court Ruling; Reference to Court of Justice of the European Union
Outcome
Reference to the Court of Justice of the European Union for preliminary ruling
Legal Topics
European Arrest Warrant, Judicial Authority Definition, Separation of Powers, Mutual Recognition, Independence of Prosecutors
Criminal Law European Union Law Extradition Law European Arrest Warrant Judicial Authority Definition Separation of Powers Mutual Recognition Independence of Prosecutors

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Parties

The Minister for Justice and Equality

Applicant/respondent

Vytautas Dunauskis

Respondent/appellant

Procedural Posture

Appeal (european Arrest Warrant) / Interim Supreme Court Ruling; Reference to Court of Justice of the European Union

Legal Issues

  1. 1 Whether the Lübeck Public Prosecutor is a 'judicial authority' under Article 6(1) of the Framework Decision on the European Arrest Warrant
  2. 2 Whether the Lübeck Public Prosecutor is sufficiently independent from the executive to qualify as a judicial authority
  3. 3 Whether the role of the Public Prosecutor in Germany constitutes participation in the administration of justice as required by EU law

Ratio Decidendi

The Supreme Court is uncertain whether, on the evidence, the Lübeck Public Prosecutor meets the required test of independence from the executive and participation in the administration of justice to qualify as a 'judicial authority' under Article 6(1) of the Framework Decision. The matter requires interpretation of EU law and is referred to the Court of Justice of the European Union for a preliminary ruling.

Court Disposition

Reference to the Court of Justice of the European Union for preliminary ruling

Orders

  • Questions referred to the CJEU under Article 267 TFEU regarding the status and independence of the Lübeck Public Prosecutor as a judicial authority under Article 6(1) of the Framework Decision.
  • Request for linkage and expedited or priority procedure with the Lisauskas reference.