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Ireland / High Court / [2012] IEHC 249

Minister for Justice and Equality v Gavin Nolan

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Ireland / High Court
Type:
Decision
Decision date:
24/05/2012

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.

Outcome of the case:

In the Court's view because of the presumption's status as a principle of higher law, any measure affecting the personal liberty of the citizen that fails to respect it must be regarded as being repugnant to the Constitution, and specifically Article 40.4.1 ° thereof, notwithstanding the fact that Article 38 does not have extra­ territorial effect. Thus, in light of the circumstances of the case, the Court declined to surrender the respondent.