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Offender to be surrendered to Lithuania despite failure of State to implement EU decision on reciprocal custodial sentences
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Supreme Court dismisses appeal from High Court, and affirms order to surrender an offender to Lithuania pursuant to a European arrest warrant to serve a balance of a sentence of three years and seven months, despite the fact that Ireland had failed to implement a European Union Framework Decision (FD) allowing offenders to apply to serve a sentence in another EU member state, on the grounds that the FD only gave rise to a right to apply to serve a sentence in another EU member State, but did not give rise to a right to serve the sentence.
Baker J (nem diss): European arrest warrant - application for surrender of offender to serve balance of sentence of three years and seven months - order of surrender in High Court - alleged failure of State to implement EU framework decision - Council Framework Decision 2008/909/JHA of 27 November 2008 - principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty - offender unable to apply to serve sentence in Ireland rather than Lithuania - formation of family unit in the State - whether failure to transpose decision was relevant to obligation of courts to order surrender - errors in High Court judgment - errors arising from submissions of State - State's breach of EU law in failing to transpose decision.
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