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🇬🇧 United Kingdom → 🇮🇹 Italy

1 case found
Article 8 and children’s best interest in extradition: family life may bar surrender only after a strict proportionality assessment
Summary
SUMMARY (English) The case concerned three joined European Arrest Warrant appeals in which the requested persons resisted extradition on the basis that surrender would disproportionately interfere with the Article 8 ECHR rights of their dependent children. The Supreme Court clarified that, although there is a constant and weighty public interest in extradition, there is no separate test of exceptionality and the court must carefully assess the actual impact of extradition on family life. Children’s best interests must be treated as a primary consideration, but they are not paramount and may be outweighed by the public interest in extradition, particularly where the offences are serious. On the facts, the Court allowed the appeal of the Polish mother, whose extradition for relatively minor and old dishonesty offences would cause severe harm to her youngest children. By contrast, the appeals of the parents sought by Italy for serious drug-trafficking offences were dismissed, the mother unanimously and the father by majority, because the public interest in extradition outweighed the Article 8 interference.
20/06/2012 · Supreme Court of the United Kingdom · [2012] UKSC 25
🇬🇧United Kingdom → 🇮🇹Italy
GrantedExtradition