Judgments

Judgment ByBurns, Paul J.

CourtHigh Court

Date Delivered05 August 2021

StatusApproved

Neutral Citation[2021] IEHC 581

Record Number2021 46 EXT

Date Uploaded13 September 2021

ResultThe respondent contested his surrender on the basis that:- (a) it was not clear who had issued the European arrest warrant, and whether the authority is to be considered an issuing judicial authority; (b) sufficient clarity, as required by section 11 of the European Arrest Warrant Act, 2003, was not provided in the warrant; (c) correspondence did not exist between the alleged offences in the the requesting state and offences in this jurisdiction (this was not pursued at hearing); (d) section 45 precludes surrender as the respondent was convicted in absentia; (e) surrender is precluded by a failure to comply with Article 10(4) of Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013; and (f) surrender is precluded by section 37 of the Act, as the respondent's fundamental rights would be infringed by prison conditions in the requesting state.