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High Court approves the surrender of an individual to Portugal under a European Arrest Warrant (EAW), despite acknowledging that the initial warrant was issued without the required judicial oversight. The court recognised that the issuing judicial authority corrected the oversight by issuing a second EAW with proper judicial review. The court found no abuse of process, as the cumulative circumstances did not amount to unjust harassment or oppression, and thus the surrender was ordered.
European Arrest Warrant (EAW) - judicial oversight - abuse of process - surrender - Framework Decision - mutual trust - bad faith (mala fides) - fair trial rights - cumulative factors - exceptional circumstances - Portugal - High Court - right to liberty - right to trial in due course of law - European Charter - European Convention on Human Rights (ECHR) - Court of Justice of the European Union (CJEU) - proportionality - international obligations - Article 26 of the Framework Decision.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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