Minister for Justice & Equality v Campbell (Approved) (Rev1) [2022] IESC 21_2 (09 May 2022)

Minister for Justice & Equality v Campbell (Approved) (Rev1) [2022] IESC 21_2 (09 May 2022)

The Lithuanian authorities' actions and statements demonstrated a sufficient intention to charge and try Liam Campbell, satisfying the requirements of section 21A of the European Arrest Warrant Act 2003 as interpreted by existing Supreme Court precedent. There was no basis to overturn Olsson or Bailey. Surrender is therefore required.

Citation
[2022] IESC 21_2
Parties
Applicant/respondent: The Minister for Justice and Equality; Respondent/appellant: Liam Campbell
Jurisdiction
Ireland
Judgment Date
09 May 2022
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From Court of Appeal and High Court
Outcome
Appeal dismissed; order for surrender affirmed.
Legal Topics
European Arrest Warrant, Extradition for Criminal Prosecution, Interpretation of Domestic Law in Light of EU Law, Precedent and Overruling Prior Decisions
Criminal Law European Union Law Extradition Law European Arrest Warrant Extradition for Criminal Prosecution Interpretation of Domestic Law in Light of EU Law Precedent and Overruling Prior Decisions

Case Brief

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Parties

The Minister for Justice and Equality

Applicant/respondent

Liam Campbell

Respondent/appellant

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From Court of Appeal and High Court

Legal Issues

  1. 1 Whether surrender under a European Arrest Warrant (EAW) requires a decision to charge and try the requested person in the issuing state
  2. 2 Whether section 21A of the European Arrest Warrant Act 2003 can be interpreted in conformity with the EU Framework Decision
  3. 3 Whether existing Supreme Court precedent (Olsson and Bailey) should be overturned

Ratio Decidendi

The Lithuanian authorities' actions and statements demonstrated a sufficient intention to charge and try Liam Campbell, satisfying the requirements of section 21A of the European Arrest Warrant Act 2003 as interpreted by existing Supreme Court precedent. There was no basis to overturn Olsson or Bailey. Surrender is therefore required.

Court Disposition

Appeal dismissed; order for surrender affirmed.

Orders

  • Liam Campbell to be surrendered to Lithuania on foot of the European Arrest Warrant.