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Irish judge stops extradition of Polish citizen...

24

Comments

  • Posts: 5,094 ✭✭✭ [Deleted User]


    It isn’t up to this judge to decide whether the judicial system of another EU country is up to standards or not. Most European countries have totally different systems.

    If the EU decides that Poland isn’t compliant then it can decide the penalty.

    I mean I personally think most judges should be elected.

    Oh, yes, we need elected judges and guns, loads more guns and a billionaire political leader from a reality tv show to be elected. Why do some people here always propose ideas from the most fúcked up society in the western world? Culturally, Poland and Hungary are both politically backward, authoritarian populist holes. Democracy has always been on very shaky foundations in both countries.

    We are blessed to live in Ireland. Yes, we might be happier if we were in Finland, but we're still doing a lot better than any of the examples usually trotted out here.

    PS: Of course, this Irish judge was not deciding any such thing; she was forwarding the issue on to the EU to decide it.


  • Registered Users, Registered Users 2 Posts: 35,718 ✭✭✭✭gmisk


    _Brian wrote: »
    The whole thing is built on a false premise that drug dealers are somehow entitled to a fair trial. If we got over this one simple misunderstanding I feel dealing in drugs would become less common indeed.
    I think everyone should be entitled to a fair trial, it doesnt matter what he/she has allegedly done......is that not seen as a cornerstone of a decent society?
    If found guilty come down on them like a tonne of bricks, but not everyone accused of a crime is guilty of it.


  • Posts: 5,853 ✭✭✭ [Deleted User]


    Lmklad wrote: »
    Except it is up to the High Court to make this decision. It’s one of their functions. The EU will decide if Poland isn’t compliant, that is the reason this Judge has referred this case to Europe.

    it is going t the ECJ is it not? that is independent from the EU courts.
    _Brian wrote: »
    The whole thing is built on a false premise that drug dealers are somehow entitled to a fair trial. If we got over this one simple misunderstanding I feel dealing in drugs would become less common indeed.

    except they aren't legally a drug dealer until a court decides that they are. That is how the "Innocent until proven guilty" system works, thankfully.


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    That’s the way extradition works.

    Eh no, the country which is being requested to return a potential criminal has to be satisfied that the accused will receive a fair trial.
    If the judge/state suspects a fair trial will not be given then they are in their rights to refuse extradition.
    They can't simply extradite someone based solely on a request. It doesn't work that way at all.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    Oh, yes, we need elected judges and guns, loads more guns and a billionaire political leader from a reality tv show to be elected. Why do some people here always propose ideas from the most fúcked up society in the western world? Culturally, Poland and Hungary are both politically backward, authoritarian populist holes. Democracy has always been on very shaky foundations in both countries.

    The US is ****ed up. There was a time however when it was a huge democratic experiment (long before the oligarchy it is today). And direct elections of officials was part of that. In parts of New England decisions are still made by town meetings. No council. In any case I was wondering why a system that prevails in the US and doesn’t thwart extradition to the US does so here.

    Your anti polish and anti Hungarian hysteria does you no credit. That said I wonder where this hysteria was when the EU was being expanded. Back then comments like yours would have been dismissed as xenophobia. I am not sure why they aren’t now.
    We are blessed to live in Ireland. Yes, we might be happier if we were in Finland, but we're still doing a lot better than any of the examples usually trotted out here.

    PS: Of course, this Irish judge was not deciding any such thing; she was forwarding the issue on to the EU to decide it.

    She has left a guy in limbo. Justice has been stalled. Presumably other countries continue to extradite to Poland and are waiting on an actual ruling from the EU regarding Poland. Simply put if the EU thinks that the Polish legal system is broken it needs to expel Poland.

    Nobody can accuse the Irish judiciary of a surplus of intellect but this ruling means that, as long as this ruling isn’t overturned (and she seems to have bypassed the Supreme Court) and as long as Poland remains in the EU, Ireland is a sanctuary for every single Polish criminal. Anybody facing charges over there just needs a Ryanair ticket and they can come here and flee justice. The floodgates are now open.

    This is a lone judge making her own law and basically ending a legal agreement between EU states (one constitutionally binding here).

    It’s insane. Until the ECJ rules Ireland is a sanctuary for Polish criminals, if it rules in her favour all the EU is a sanctuary for Polish criminals and the only response is to expel it. Until now the EU was sabre rattling and probably would have just fined Poland.

    Only solution is to send the ruling to the Supreme Court. I believe the president can do that.


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  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    bear1 wrote: »
    Eh no, the country which is being requested to return a potential criminal has to be satisfied that the accused will receive a fair trial.
    If the judge/state suspects a fair trial will not be given then they are in their rights to refuse extradition.
    They can't simply extradite someone based solely on a request. It doesn't work that way at all.

    I didn’t say it did. You were talking about innocence until proven guilty. Guilt does not have to proven for extradition.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    in this case our judiciary is perfectly fine. if a justice system of another EU country is under attack then the judge can decide that it isn't up to standard and isn't fit for purpose and can decide not to deport somebody but refer the matter to europe.

    Under attack by whom? Until the EU decides that the Poles are not a legalistic nation the Irish judiciary does not have the right to overturn the EU constitution which has very specific rules on extradition and which is constitutionally binding here.
    currently he isn't guilty given he hasn't been found guilty. so therefore he can go nowhere until the EU says otherwise.

    Another genius who thinks guilt has to be proven prior to extradition.


  • Registered Users, Registered Users 2 Posts: 9,568 ✭✭✭TheChizler


    Another genius who thinks guilt has to be proven prior to extradition.
    Maybe you should be referring to the poster being quoted in the post you quoted?


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    TheChizler wrote: »
    Maybe you should be referring to the poster being quoted in the post you quoted?

    I did. At the top. Same guy. This wasn’t a multi quote.


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    Under attack by whom? Until the EU decides that the Poles are not a legalistic nation the Irish judiciary does not have the right to overturn the EU constitution which has very specific rules on extradition and which is constitutionally binding here.



    Another genius who thinks guilt has to be proven prior to extradition.

    And now the sarcasm starts, your arguments are neither here nor there. The judge has a right to seek further clarification with the ECJ... these are part of the rules you seems to think you know.


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  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    I didn’t say it did. You were talking about innocence until proven guilty. Guilt does not have to proven for extradition.

    I mentioned this yes and?
    You also can't extradite just like that which you seem to think you can.


  • Posts: 0 [Deleted User]


    _Brian wrote: »
    The whole thing is built on a false premise that drug dealers are somehow entitled to a fair trial. If we got over this one simple misunderstanding I feel dealing in drugs would become less common indeed.

    What if they aren't a drug dealer and they're erroneously on trial for it?


  • Registered Users, Registered Users 2 Posts: 5,299 ✭✭✭gordongekko


    bear1 wrote: »
    Again, if. He hasn't been proven guilty yet.
    Why would you deport someone who, according to the law, is still innocent?

    So that he can stand trial to prove his innocence or guilt


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    So that he can stand trial to prove his innocence or guilt

    But, criteria still has to be met before an extradition can be carried out.
    If the judge sees that the person may potentially not have a fair trial then he/she can halt the extradition.


  • Closed Accounts Posts: 7,070 ✭✭✭Franz Von Peppercorn


    bear1 wrote: »
    I mentioned this yes and?
    You also can't extradite just like that which you seem to think you can.

    We have an extradition agreement with all EU member states. The EU commission has not expelled Poland. That agreement still stands.

    Her ludicrous lone wolf decision either forces the ECJ to accept that Poland is broadly legal - which presumably will be the outcome - or expel it. We can hardly have free movement and no extradition.

    Since the result of the existing investigation was merely an invocation on article 7, which isn’t an expulsion but a fine, she clearly overstepped her bounds here. Poland hasn’t been expelled. As to bypassing the Supreme Court, what’s that about? And apparently her ruling will have knock on effects across the union.


    I said earlier that extradition is constitutional. I’m not sure if it is, if it was part of those agreements we codified into the constitution or not. I do know it’s legaly binding however.


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    We have an agreement to do so with all EU member states. The EU commission has not expelled Poland.

    That's true and with many more countries also but there still has to be due process.
    The rules still state that a case can be referred higher, in this case the highest court, for review.
    The judge didn't deny the request, she simply asked the ECJ to review it before she makes the final decision.
    She is right to do so as is any judge within any EU jurisdiction that believes the person will not receive a fair trial.


  • Registered Users, Registered Users 2, Paid Member Posts: 7,885 ✭✭✭Allinall


    _Brian wrote: »
    The whole thing is built on a false premise that drug dealers are somehow entitled to a fair trial. If we got over this one simple misunderstanding I feel dealing in drugs would become less common indeed.

    How do we establish that someone is a drug dealer?

    Oh yeah - by gathering evidence , building a case and having a (fair) trial .


  • Registered Users, Registered Users 2 Posts: 19,610 ✭✭✭✭VinLieger


    We have an extradition agreement with all EU member states. The EU commission has not expelled Poland. That agreement still stands.

    An agreement doesnt imply we adhere to their requests without going through the legal process which is what she is doing. There's a reason Ian Bailey has never been extradited to france and its due to the french not being able to prove their case to the legal requirements for him to be extradited, whether you agree with it or not that's the facts of the situation.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,662 Mod ✭✭✭✭Robbo


    We have an extradition agreement with all EU member states. The EU commission has not expelled Poland. That agreement still stands.

    Her ludicrous lone wolf decision either forces the ECJ to accept that Poland is broadly legal - which presumably will be the outcome - or expel it. We can hardly have free movement and no extradition.

    Since the result of the existing investigation was merely an invocation on article 7, which isn’t an expulsion but a fine, she clearly overstepped her bounds here. Poland hasn’t been expelled. As to bypassing the Supreme Court, what’s that about? And apparently her ruling will have knock on effects across the union.


    I said earlier that extradition is constitutional. I’m not sure if it is, if it was part of those agreements we codified into the constitution or not. I do know it’s legaly binding however.
    Please stop talking about European Law, you clearly have no clue whatsoever.

    Any Court in Ireland can make a reference to the CJEU under Article 267 TFEU, there's 40 odd years of jurisprudence on this.


  • Registered Users, Registered Users 2 Posts: 17,442 ✭✭✭✭Grayson


    Allinall wrote: »
    How do we establish that someone is a drug dealer?

    Oh yeah - by gathering evidence , building a case and having a (fair) trial .

    I generally do it by buying drugs from them. And I'm happy when they do sell :)


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  • Closed Accounts Posts: 790 ✭✭✭baylah17


    That’s the way extradition works.

    We dont extradite willy nilly to countries where there is no proper and established rule of law, banana republics Poland.
    The Judge did her job and did it admirably.


  • Closed Accounts Posts: 790 ✭✭✭baylah17


    We have an extradition agreement with all EU member states. The EU commission has not expelled Poland. That agreement still stands.

    Her ludicrous lone wolf decision either forces the ECJ to accept that Poland is broadly legal - which presumably will be the outcome - or expel it. We can hardly have free movement and no extradition.

    Since the result of the existing investigation was merely an invocation on article 7, which isn’t an expulsion but a fine, she clearly overstepped her bounds here. Poland hasn’t been expelled. As to bypassing the Supreme Court, what’s that about? And apparently her ruling will have knock on effects across the union.


    I said earlier that extradition is constitutional. I’m not sure if it is, if it was part of those agreements we codified into the constitution or not. I do know it’s legaly binding however.
    You clearly havnt the foggiest notion what you are talking about.


  • Registered Users, Registered Users 2 Posts: 5,942 ✭✭✭topper75


    nope.


    it's our problem, he has to stay as he can't get a fair trial. end of story.
    End of story?

    If doing the EU's bidding involves:
    • saving drug dealers from punishment
    • belittling Polish sovereignty

    then I think we can add those to the Reasons to Leave with the Brits column. Thereby the story continues.

    It seems there is a new downside to membership being revealed every week nowadays. The politicians grasp towards federalism, but the people are losing patience.


  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    topper75 wrote: »
    End of story?

    If doing the EU's bidding involves:
    • saving drug dealers from punishment
    • belittling Polish sovereignty

    then I think we can add those to the Reasons to Leave with the Brits column. Thereby the story continues.

    It seems there is a new downside to membership being revealed every week nowadays. The politicians grasp towards federalism, but the people are losing patience.

    Sweet Jesus what a load of utter bollocks.


  • Registered Users, Registered Users 2 Posts: 1,304 ✭✭✭Chrongen


    Dr Brown wrote: »
    It's not our problem. If hes dealing drugs he should be deported end of story.

    A lot of this stuff is probably a bit too complicated for you.


  • Registered Users, Registered Users 2 Posts: 1,304 ✭✭✭Chrongen


    _Brian wrote: »
    The whole thing is built on a false premise that drug dealers are somehow entitled to a fair trial. If we got over this one simple misunderstanding I feel dealing in drugs would become less common indeed.

    Oh boy.


  • Registered Users, Registered Users 2 Posts: 11,749 ✭✭✭✭wes


    bear1 wrote: »
    I'm here in Warsaw at the moment and already the racial slurs have started, some even calling for burning the flag on Saturday.
    Thoughts?

    The fact that racial slurs are already being flung around already, shows me how bad things are in Poland. Poland is going down a dangerous path, one that has led to a lot of strife on this continent already.

    I think the right decision has been made by the court here, and the reaction you describe drives that home all the more.

    If they start burning flags, they are just showing their true character to the world.


  • Registered Users, Registered Users 2 Posts: 5,942 ✭✭✭topper75


    wes wrote: »
    Poland is going down a dangerous path, one that has led to a lot of strife on this continent already.

    Demanding that your citizens be repatriated to stand trial is dangerous!?
    Were you one of Michael Lynn's Brazilian legal team by any chance? :D

    What 'strife on the continent' are you on about by the way?


  • Registered Users, Registered Users 2 Posts: 5,942 ✭✭✭topper75


    bear1 wrote: »
    Sweet Jesus what a load of utter bollocks.

    :D Hit the Submit Reply too early with rage?


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  • Registered Users, Registered Users 2 Posts: 12,971 ✭✭✭✭bear1


    topper75 wrote: »
    Demanding that your citizens be repatriated to stand trial is dangerous!?
    Were you one of Michael Lynn's Brazilian legal team by any chance? :D

    What 'strife on the continent' are you on about by the way?

    I suspect you know already what the poster meant but are trying to find someone to back up your already ludicrous opinions.


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