Minister for Justice & Equality -v- EP [2015] IEHC 662 (06 October 2015)

Minister for Justice & Equality -v- EP [2015] IEHC 662 (06 October 2015)

The Court finds that the requirements of the European Arrest Warrant Act 2003 are satisfied. The offences correspond to Irish law, the presumption under s. 21A is not rebutted, and the respondent is wanted for prosecution, not mere investigation. Procedural defects in the EAW are clarified by additional information. Surrender is not prohibited under any relevant section.

Citation
[2015] IEHC 662
Parties
Applicant: Minister for Justice and Equality; Respondent: E. P.
Jurisdiction
Ireland
Judgment Date
06 October 2015
Procedural Posture
European Arrest Warrant Surrender Application / Final Judgment on Surrender
Outcome
Order for surrender granted
Legal Topics
European Arrest Warrant, Mutual Recognition, Double Criminality, Correspondence of Offences, Procedural Safeguards, Right to Information
Criminal Law Extradition Law European Union Law European Arrest Warrant Mutual Recognition Double Criminality Correspondence of Offences Procedural Safeguards +1 more

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Parties

Minister for Justice and Equality

Applicant

E. P.

Respondent

Procedural Posture

European Arrest Warrant Surrender Application / Final Judgment on Surrender

Legal Issues

  1. 1 Whether surrender is prohibited under s. 21A, s. 37, s. 38, and s. 45 of the European Arrest Warrant Act 2003
  2. 2 Whether the offences correspond to offences under Irish law
  3. 3 Whether a decision to charge and try the respondent has been made in Poland

Ratio Decidendi

The Court finds that the requirements of the European Arrest Warrant Act 2003 are satisfied. The offences correspond to Irish law, the presumption under s. 21A is not rebutted, and the respondent is wanted for prosecution, not mere investigation. Procedural defects in the EAW are clarified by additional information. Surrender is not prohibited under any relevant section.

Court Disposition

Order for surrender granted

Orders

  • The respondent E. P. is to be surrendered to the Republic of Poland pursuant to the European Arrest Warrant.
  • Execution of the surrender order is not prohibited under the Act of 2003.