New Appeal: Is there a presumption that the issuing authority of an EU arrest warrant is a valid issuing authority?

In these determinations, Minister for Justice and Equality v Dunauskis and Minister for Justice and Equality v Lisauskas, the Supreme Court granted the Defendants leave to appeal against High Court orders for their surrender to the Federal Republic of Germany and to the Republic of Lithuania under European Arrested Warrants. The Court of Appeal dismissed both appeals, answering in the affirmative to the questions certified by the High Court:

Dunauskis:

1. In determining whether a prosecuting authority is a valid issuing judicial authority for the purposes of the European Arrest Warrant Act 2003 (as amended);

(a) is the High Court entitled to rely on a presumption that the issuing judicial authority is a valid issuing judicial authority within the meaning of the European Arrest Warrant Act 2003 (as amended);
(b) is the correct test that the prosecuting authority be independent from the executive and participate in the administration of justice?

2. Was the High Court correct in finding that the Chief Public Prosecutor in Lubeck is independent of the executive branch of the government?
3. Was the High Court correct in finding that the Chief Public Prosecutor in Lubeck is an issuing judicial authority within the meaning of the European Arrest Warrant Act 2003 (as amended)?

 

Lisauskas:

1. In determining whether a prosecuting authority is a valid issuing judicial authority for the purposes of the European Arrest Warrant Act 2003 (as amended)?

(a) is the High Court entitled to rely on a presumption that the issuing judicial authority is a valid issuing judicial authority within the meaning of the European Arrest Warrant Act 2003 (as amended);
(b) is the correct test that the prosecuting authority be independent from the executive and participate in the administration of justice?

2. Was the High Court correct in finding that the Prosecutor General of Lithuania is an issuing judicial authority within the meaning of the European Arrest Warrant Act 2003 (as amended)?

 

The Supreme Court determined that the question of what is the correct test for the High Court to apply in deciding whether an issuing authority is a valid issuing authority for the purposes of the 2003 Act is a matter of general public importance that meets the constitutional threshold for an appeal to the Supreme Court. The Court will manage both cases together.

 

 

Advertisements
Leave a comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: