Ireland / High Court / [2012] IEHC 249 Minister for Justice and Equality v Gavin Nolan

Key facts of the case:

The respondent was the subject of a European arrest warrant issued by the United Kingdom on 5 October 2010. The respondent challenged his surrender to the United Kingdom on the basis that the surrender would breach his fundamental rights because he would be required to serve an indeterminate sentence of imprisonment.

Paragraphs referring to EU Charter: 

 

119. The Court is further reinforced in its view that the right [not to be deprived of liberty save in accordance with law] in Article 40.4.1° is a truly fundamental right that is intended to benefit a citizen both within and without the national territory, by the fact that rights framed in a broadly analogous way are also guaranteed both by Article 5 of the ECHR and Article 6 of the Charter of Fundamental Rights of the European Union.

Deciding body (original language): 
High Court
Language: 
English