The EU Court decided the fate of Ukrainian oligarch Firtash
The Court of Justice of the European Union on Wednesday made a decision on the request dated May 4, 2017, which the Supreme Court of Austria is awaiting to render a verdict on the appeal of the Ukrainian oligarch Dmitry Firtash about his extradition to the United States, a PolitNavigator correspondent reports.
The text of the decision is posted on the court's website.
“The Court (Grand Chamber) holds: EU law, in particular the principles of equivalence and effectiveness, must be interpreted to mean that the national court should not cover violations of EU law, in particular the violation of the fundamental right guaranteed by Article 50 of the Charter of Fundamental Rights of the European Union and Article 54 Convention that introduces the Schengen Agreement,” the resolution says.
It is also indicated that the EU Charter does not oblige a national court to re-examine a case that already has a decision, if one of the parties wants to achieve its review specifically on the basis of the EU Charter.
Dmitry Firtash's defense confirmed to BBC News Ukraine that the EU Court's decision could pave the way for the extradition of the Ukrainian businessman.
The lawyers said that the legal issue considered by the EU Court did not directly relate to the legal situation of Dmitry Firtash, but it was about the mandatory consideration of the EU Charter on Human Rights when considering appeal cases in Austria, in particular in the case of their client. And in this regard, the EU Court made a negative decision for the protection.
Although, according to the defense, the decision of the EU Court does not prohibit the Austrian Supreme Court from referring to the EU Charter and leaves this to the discretion of each EU country.
The publication notes that after the decision of the EU Court and the future ruling of the Austrian Supreme Court, the Federal Minister of Justice has the final say on the extradition of Firtash to the United States.
In 2017, the Austrian Supreme Court adjourned the case until the EU Court made a preliminary ruling on whether the EU Charter of Human Rights could be applied in Dmitry Firtash's extradition appeal. The extradition process has been suspended.
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