Reservations and Declarations for Treaty No.024 - European Convention on Extradition
Nature of declaration : Declarations, Denunciations, Derogations
Status as of 21/10/2017
IrelandDeclaration contained in a letter from the Ministry of External Affairs of Ireland, dated 2 May 1966, handed to the Secretary General made at the time of signature and deposit of the instrument of ratification, on the same day - Or. Engl.
I have the honour to declare, in accordance with Article 6 of the Convention, that the term "national" in the Convention is hereby defined as meaning "citizens of Ireland" as far as my Government is concerned.
Period covered: 31/07/1966 -
Articles concerned : 6
Declaration made at the time of confirmation of ratification, on 12 July 1988 - Or. Engl.
A decision of the Irish Supreme Court has made it impossible for Ireland to comply with its international obligations under the European Convention on Extradition.
The Court ruled that Ireland was not bound by its ratification of a similar extradition Treaty as the approval of Dail Eireann of the terms of that Treaty had not been obtained prior to ratification as is required by the Constitution of Ireland. The said Supreme Court Decision serves as a binding precedent in all future extradition cases.
The same circumstance applies in the case of the European Convention on Extradition. Dail approval of the terms thereof was not obtained prior to ratification of the said Convention on behalf of the Government of Ireland in 1966. Consequently, in the event of a court challenge, Ireland's ratification in 1966 is likely to be declared invalid under domestic law.
In order to rectify this position, Dail Eireann approved the terms of the European Convention on Extradition on 29 June 1988. It is now necessary, for the purposes of domestic requirements, for the Government of Ireland to confirm the earlier ratification by way of deposit of a new instrument of ratification.
Period covered: 12/07/1988 -
Articles concerned : -
Declaration transmitted by letter from the Permament Representative, dated 13 May 1991, registered at the Secretariat General on the same day - Or. Eng. - and withdrawn by a Note verbal from the Permanent Representation of Ireland, dated 14 October 2004, registered at the Secretariat General on 15 October 2004 - Or. Engl.
The Government of Ireland, in accordance with Article 28, paragraph 3, of the European Convention on Extradition, 1957, hereby notify the Secretary General of the Council of Europe that the relations of the Government of Ireland with the Government of the United Kingdom in respect of Extradition will continue to be regulated exclusively on the basis of laws in force in their respective territories providing for the execution in the territory of either party of warrants of arrest issued in the territory of the other party.
Period covered: 13/05/1991 - 15/10/2004
Articles concerned : 28
Declaration contained in a Note Verbale from the Permanent Representation of Ireland, dated 14 October 2004, registered at the Secretariat General on 15 October 2004 - Or. Engl.
The Government of Ireland, in accordance with Article 28, paragraph 3, of the European Convention on Extradition, 1957, hereby notifies the Secretary General of the Council of Europe that Ireland shall apply the Framework Decision of the Council of the European Union (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States in relation to Member States of the European Union, insofar as the Framework Decision is applicable in relations between Ireland and the other Member State.
Period covered: 15/10/2004 -
Articles concerned : 28