Ciaran Tobin Extradition Case - Tobin 1

Tobin 1

Meanwhile Hungary joined the European Union on 1 May 2004, and transposed the European Arrest Warrant framework decision into their national law. Hungary requested the surrender of Mr. Tobin by issuing a European Arrest Warrant. However, a judge of the Irish High Court, Mr. Justice Peart, refused the surrender on the basis that Tobin had not "fled" Hungary as required by the Irish legislation which implemented the framework decision, since he left Hungary with the consent of the Hungarian authorities. A decision which was later upheld by the Irish Supreme Court. The Irish authorities also refused the Hungarian request to make Mr. Tobin serve his time in an Irish prison, an option within the EAW framework decision but never implemented in Ireland

Hungary on the other hand strongly disagreed with this interpretation of the EAW law and the word "flee". Hungary argued that anyone not returning to serve his or her sentence is fleeing from justice. Hungary kept the warrant in effect as the Irish decision has no bearing for other EU members. Hungary also explored other legal options including turning to various EU fora to enforce its court's decision.