Vadim Isac v The Olt Tribunal (Romania)
[2023] EWHC 431 (Admin)
Victor Constantin v Court in Bucharest (Romania)
26 June 2024
[2024] EWHC 1602 (Admin)
High Court
A Romanian lawyer was convicted for practicing law without proper authorization after a court ruling. He fled to the UK. The UK court decided to send him back to Romania to serve his sentence, balancing his family life in the UK against the need to uphold international law and the original court's decision. The court rejected his claims that the Romanian legal system violated his human rights.
Key Facts
- •Victor Constantin, a 46-year-old Romanian lawyer, is wanted for extradition to Romania.
- •He was convicted in Romania for unlawfully practicing law and using lawyer titles/robes after a 2015 Supreme Court ruling.
- •He was sentenced to a fine (converted to 256 days imprisonment due to non-payment).
- •Constantin fled to the UK in 2016 and built a life there.
- •His extradition was ordered by Westminster Magistrates’ Court, but he appealed.
- •The appeal focused on whether the extradition was disproportionate under Article 8 ECHR (right to respect for private and family life).
- •The judge considered various factors, including the seriousness of the offense, Constantin's personal circumstances in the UK, and the public interest in upholding extradition treaties.
Legal Principles
Celinski balancing exercise for proportionality under Article 8 ECHR
[2015] EWHC 1274 (Admin) [2016] 1 WLR 551
Extradition Act 2003, s.65(3)(b): Conduct constituting an offence under UK law
Extradition Act 2003
Legal Services Act 2007, s.14: Offence to carry on reserved legal activity without entitlement
Legal Services Act 2007
Legal Services Act 2007, s.17: Offence to pretend to be entitled to carry on reserved legal activity
Legal Services Act 2007
Article 6(3)(c) ECHR: Right to a fair trial, including legal assistance of own choosing (not absolute)
European Convention on Human Rights
Article 11 ECHR: Freedom of assembly and association (qualified right)
European Convention on Human Rights
Article 5(1)(a) ECHR: Right to liberty and security (lawful detention after conviction)
European Convention on Human Rights
Article 7(1) ECHR: No punishment without law
European Convention on Human Rights
Article 8 ECHR: Right to respect for private and family life (proportionality assessment)
European Convention on Human Rights
Outcomes
Appeal dismissed.
The judge's Article 8 proportionality assessment was not wrong. The public interest in upholding extradition outweighed the impact on Constantin's private and family life.
Application for leave to appeal to the Supreme Court refused.
No point of law of general public importance involved.