Navracsics has told a press conference in Budapest that Reding answered his letter and confirmed that Hungary’s claim is justified. Ireland should enforce the verdict of a Hungarian court, that is to say, imprison Francis Ciarán Tobin, who was found guilty causing a road accident in which two children died.

Navracsics recalled that on September 20 he had written a letter to Reding because until then Ireland refused to comply with the Hungarian court’s judgment. Ireland justified its noncompliance saying that although an EU framework resolution of 2008 obliges EU member states to implement one another’s court judgments, Ireland does not consider itself a party to that framework resolution yet. Ireland only revealed its position three years after the framework resolution has been adopted and it has not transposed the framework resolution into its legal system ever since.

Reding has written that the European Commission has always had the position that declarations made by the member states after the adoption of framework resolution 2008/909/IB were not valid.

In his letter Navracsics asked Reding if, after December 1, 2014, the European Commission could start infringements proceedings against Ireland and Hungary could sue Ireland at the European Court of Justice if Ireland fails to transpose the framework resolution into its legal system. Reding answered in the affirmative. However, with reference to the fate of individuals involved in the case, she encouraged Navracsics to seek personal consultation with the Irish minister of justice to find an undelayed diplomatic solution.

Navracsics has told the press that he proposed to his Irish analogue to hold a bilateral meeting about the case on October 7 when the council of ministers of justice and home affairs meets in Luxembourg.

Magyar Nemzet has asked the Hungarian Ministry of Public Administration and Justice how can a framework resolution of 2008 have retroactive effect on a Hungarian court judgment of 2002 but its question has gone unanswered.

Two children died in the road accident that was caused by Tobin at Leányfalu, Pest county, in 2000. Tobin was then released on bail (a legal institution in force in Hungary at the time) and returned to Ireland. In 2002 a Hungarian court sentenced him to two years in jail in absentia. An appeal court later reduced the sentence to 18 months.

After Hungary acceded to the European Union it requested Tobin’s extradition on the basis of a European Search Warrant, which was rejected by the Irish Supreme Court in 2007 and 2012.

In March 2013, in an interview with the Frankfurter Allgemeine Zeitung, Reding said the Irish decision had not astonished her given doubts about the independence of the Hungarian law enforcement agencies.

In the same month Navracsics gave his personal guarantee that if Tobin came to Hungary to begin his jail term, he can return to Ireland to finish his jail sentence within the shortest possible time. Tobin has to declare if he accepts Hungary’s guarantee by September 30.

Source: Magyar Nemzet

Translated by Budapest Telegraph

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