Minister for Justice and Equality v Horvath [2017] IESC 15 (02 March 2017)

Minister for Justice and Equality v Horvath [2017] IESC 15 (02 March 2017)

Section 45 of the European Arrest Warrant Act 2003, as it stood prior to the 2012 amendment, prohibits surrender where a person was tried and convicted in absentia without notice and no undertaking for a retrial is provided, regardless of whether surrender is sought for prosecution or execution of sentence. The Minister was not entitled to raise the application of the 2012 amendment on appeal as it was not argued or certified in the High Court.

Citation
[2017] IESC 15
Parties
Applicant/appellant: Minister for Justice and Equality; Respondent: Ferenc Horvath
Jurisdiction
Ireland
Judgment Date
02 March 2017
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court Refusal to Surrender Respondent Under European Arrest Warrant
Outcome
Appeal dismissed
Legal Topics
European Arrest Warrant, In Absentia Trials, Interpretation of Statutory Amendments, Principle of Conforming Interpretation, Retrospective Application of Law
Extradition Law Criminal Law European Union Law European Arrest Warrant In Absentia Trials Interpretation of Statutory Amendments Principle of Conforming Interpretation Retrospective Application of Law

Case Brief

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Parties

Minister for Justice and Equality

Applicant/appellant

Ferenc Horvath

Respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Refusal to Surrender Respondent Under European Arrest Warrant

Legal Issues

  1. 1 Whether the High Court was correct in law in its decision that the surrender of the respondent to Hungary for the purposes of a second instance prosecution fell within the scope of section 45 of the European Arrest Warrant Act 2003 (pre-2012 amendment)
  2. 2 Whether the Minister could argue the application of the 2012 amendment to section 45 on appeal when not argued or certified in the High Court

Ratio Decidendi

Section 45 of the European Arrest Warrant Act 2003, as it stood prior to the 2012 amendment, prohibits surrender where a person was tried and convicted in absentia without notice and no undertaking for a retrial is provided, regardless of whether surrender is sought for prosecution or execution of sentence. The Minister was not entitled to raise the application of the 2012 amendment on appeal as it was not argued or certified in the High Court.

Court Disposition

Appeal dismissed

Orders

  • Affirmed High Court decision refusing surrender of respondent to Hungary under the European Arrest Warrant
  • No order for remittal to the High Court