High Court refuses to surrender Romanian woman on the basis that to do so would be incompatible with the State’s obligations under the European Convention on Human Rights, in circumstances where the Court considers that there are substantial grounds for believing that there is a real risk that the respondent suffered a flagrant denial of justice with respect to her trial in Romania.
European arrest warrant – Romania – s.13 of the European Arrest Warrant Act 2003 – s.16 of the Act of 2003 – Section 37(1) of the European Arrest Warrant Act 2003 – Strasbourg Jurisprudence concerning discrimination against the Roma in Romania – substantial grounds for believing that there is a risk that her imprisonment in Romania on foot of the EAW will amount to a “flagrant denial of justice” – disproportionate interference with the right of family unity – Article 8 ECHR – delay – alleged unfair trial – surrender would be incompatible with this State’s obligations under the European Convention on Human Rights – substantial grounds for believing that there is a real risk that the respondent suffered a flagrant denial of justice with respect to her trial in Romania.