Minister for Justice and Equality v Lisauskas

 
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[2018] IESCDET 43

THE SUPREME COURT

DETERMINATION

O'Donnell J.

McKechnie J.

Finlay Geoghegan J.

IN THE MATTER OF THE EUROPEAN ARREST WARRANT ACT 2003 (AS AMENDED

BETWEEN
THE MINISTER FOR JUSTICE AND EQUALITY
APPLICANT
AND
THOMAS LISAUSKAS
RESPONDENT

Supreme Court – Determination – Appellate function – Application for leave to appeal from Court of Appeal

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.3° OF THE CONSTITUTION APPLIES
RESULT: The Court grants leave to the respondent to appeal to this Court from the Court of Appeal pursuant to Article 34.5.3 of the Constitution.
ORDER SOUGHT TO BE APPEALED
COURT: Court of Appeal
DATE OF JUDGMENT OR RULING: 20 th October, 2017
DATE OF ORDER: 3 rd Novembber, 2017
DATE OF PERFECTION OF ORDER: 10th November, 2017
THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON the 13th November, 2017 AND WAS IN TIME.
Jurisdiction
1

This determination relates to an application by the respondent in the underlying proceedings seeking his surrender to the Lithuania pursuant to s.16 of the European Arrest Warrant Act, 2003 as amended. The respondent seeks leave pursuant to Article 34.5.3 of the Constitution to appeal from an order of the Court of Appeal made on the 3rd November, 2017 dismissing the appeal from the High Court which had made an order for his surrender.

2

As is clear from the terms of the Constitution and many determinations made by this Court since the enactment of the Thirty Third Amendment it is necessary, in order for this Court to grant leave, that it be established that the decision sought to be appealed either involves a matter of general public importance or that it is otherwise in the interest of justice necessary that there be an appeal to this Court.

3

The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this...

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