Supreme Court dismisses appeal holding courts cannot review foreign court warrant validity under Irish law.
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against the High Court's refusal to execute a European Arrest Warrant. The respondent argued the warrant was invalid under English law, but the court held that determining the validity of a foreign judicial order falls exclusively to the courts of that state. Consequently, the executing state's courts cannot conduct a judicial review of the issuing state's domestic law to challenge the warrant's validity.
Legislator headnote
AI generateds. 10 of the European Arrest Warrant Act 2003; s. 71 of the Criminal Justice (Terrorist Offences) Act 2005: The courts of the executing state cannot review the validity of a European Arrest Warrant issued by a foreign judicial authority under the law of that foreign state.
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THE SUPREME COURT
344/08
Murray C.J.
Fennelly J.
Finnegan J.
IN THE MATTER OF THE EUROPEAN ARREST WARRANT
ACT 2003
BETWEEN
MINISTER FOR JUSTICE EQUALITY AND LAW REFORM
APPLICANT/RESPONDENT
AND
MICHÉAL Ó FALLÚIN OTHERWISE MICHAEL FALLON
RESPONDENT/APPELLANT
JUDGMENT of Murray C.J. delivered on the 19th day of May 2010
I have read the judgment of Mr. Justice Finnegan. I agree with that judgment and the order he proposes, except that I
wish to make some additional observations concerning s. 10 of the Act of 2003, as amended by s. 71 of the Criminal
Justice (Terrorist Offences) Act 2005, and its reference to the circumstance where a judicial authority in an issuing state
“duly issues a European Arrest Warrant”.
Where it is established that a judicial authority within the meaning of the Act of 2003 has in fact issued the European
Arrest Warrant in question it seems to me that it should be considered to have been “duly issued” within the meaning of
that section. Neither the Act nor the Framework Decision in my view can be interpreted as permitting, let alone requiring,
the courts of the executing state to embark on what would be in effect a judicial review of the validity of an order of the
court or judicial authority of the requesting state according to the law of that State. I do not consider that there is
anything within the Framework Decision and in particular the Act of 2003 which envisages that our courts would conduct
a judicial inquiry in order to determine whether as a matter of German law, French law, United Kingdom law, Latvian law,
or as the case may be, a European arrest warrant produced and authenticated as having been issued by the relevant
judicial authority is valid. Issues concerning the validity of an order of a court within the meaning of its own national law
invariably fall to be tried and determined by the courts of that country. It would be invidious, to say the least, if the
court of one country were to pass judgment on the validity of an order or act of a court in another country under the
latter’s national law and set it aside as not having the effect which it purports to have on its face. Accordingly I do not
consider that the use of the word “duly” in the Act of 2003 (though now removed by an amendment in the Criminal
Justice (Miscellaneous Provisions) Act 2009) was ever intended to have such a meaning or effect which would require our
courts, in the field of public law to exercise an unprecedented form of jurisdiction.
Of course a state may wish to provide certain safeguards so that the order of a foreign court made in respect of any
individual is not automatically enforceable in every respect in its own country. Where this is done it is achieved, as is
generally the case with regard to the enforcement in this State of judgments or orders of foreign courts, including the
European Arrest Warrant itself, by stipulating in legislation that there are conditions or pre-conditions which must be met
before an order or judgment becomes enforceable under our national law. Compliance with such conditions or pre-
conditions give rise to issues separate and wholly distinct from any issue as to whether the foreign court making the order
or issuing the warrant had jurisdiction to make the order or had validly done so under its own law.
It is not necessary in the present context to examine whether, in enforcing the European Arrest Warrant system, there
might be some exception to this rule in egregious circumstances such as where there was some element of fraud involved
in seeking the issuing of a warrant but even then that would also seem to be an issue to be addressed by the Court of
the State concerned.
On the facts of this case, given that the learned High Court judge had before him a European Arrest Warrant which on its
face contained the information and was in the form required by the Act of 2003 and the Framework Decision, and there
being no dispute that the warrant had actually been issued by an English Court, I do not consider that it was necessary
for him to go behind the warrant so as to examine the evidence of English law and the related issue. In so far as he did do
so I agree with Finnegan J., that he was entitled to come to the conclusion which he did regarding the meaning and
effect of English law and the validity of the warrant issued by the English Court.