Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - High Court

Date: 06/18/2009

Subject: The High Court, also applying the jurisprudence of the Court of Strasbourg, has stated the unconstitutionality not only of the Enforcement of Court Orders Acts of 1926 and 1940, which provide also for imprisonment of the insolvent debtor, but also, as a consequence, of the order of detention on remand issued against the claimant on the basis of such law, for the violation of the rights to freedom and to a fair trial.

Parties: Caroline Mccann vs the Judge of Monaghan District Court, the Commissioner of An Garda Síochána, the Chief Executive of the Irish Prison Services, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Original language: Irish

Classification: Freedoms - Art. 6 Personal liberty - Justice - Art. 47 Fair trial, public hearing

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