Terence Flanagan (Dublin North East, Fine Gael)
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To ask the Minister for Justice and Equality his views on the case of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [7262/13]

Terence Flanagan (Dublin North East, Fine Gael)
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To ask the Minister for Justice and Equality his views regarding an extradition case (details supplied) in Dublin 13; and if he will make a statement on the matter. [7265/13]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 529 and 531 together.

The Hungarian authorities issued a European arrest warrant for the person in question in 2005. Surrender was refused in the High Court on the basis that the person concerned had not fled the state in question, which was a requirement of the European Arrest Warrant Act at that time. The decision of the High Court was appealed to the Supreme Court which affirmed the original decision to refuse surrender. Legislation was subsequently amended to remove the 'fled' requirement in respect of persons sought to serve a sentence in the issuing state. This amendment brought the Act into closer compliance with the relevant EU Framework Decision which referred to 'fleeing' in the Recital but did not include the term in the relevant Article. After the legislation was changed, the Hungarian authorities submitted a new warrant. The High Court ordered the surrender of the person concerned and that Order was appealed to the Supreme Court. The Supreme Court upheld the appeal and refused to surrender the person. As the Deputy will be aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their functions. In the circumstances, I am not in a position to make any further comment in the matter other than to say that there are no further EAW proceedings pending in this jurisdiction.