Protasevich - Grounds for refusal to execute a foreign judicial letter of request

1. Grounds for refusal to execute a foreign judicial request

GROUNDS FOR REFUSAL TO
EXECUTE A FOREIGN JUDICIAL
REQUEST
Protasevich Fedor

2. ECHR - M.N. and Others v. San Marino (2015)

ECHR - M.N. AND OTHERS V. SAN
MARINO (2015)
The case concerned international legal assistance in criminal matters. Authorities in Italy were
conducting a criminal investigation and requested assistance from San Marino. Specifically, they
asked San Marino to obtain and transmit banking information concerning certain individuals.
San Marino executed the request and provided the requested banking data to Italian authorities. The
affected individuals (M.N. and others) argued that this disclosure interfered with their private life and
was carried out without sufficient legal safeguards.

3. M.N. and Others v. San Marino (2015)

M.N. AND OTHERS V. SAN MARINO
(2015)
Banking data were
disclosed
automatically
They were not given
meaningful procedural
protection
There was no adequate
judicial review before
executing the foreign
request

4. Legal Issue

LEGAL ISSUE
Does a state violate the right to private life when it executes a foreign
request for legal assistance without sufficient legal safeguards or
proportionality review?

5. Judgment

JUDGMENT
The court emphasized
several principles:
International
cooperation
does not
override
human rights
Banking data
fall within
private life
Requirement
of legality
and
safeguards
The court found a violation of Article 8 (EU
HR Convention).
San Marino failed to ensure adequate legal
safeguards when executing the foreign request.

6. Société Eram Shipping Co Ltd v Cie Internationale de Navigation SA (2003)

SOCIÉTÉ ERAM SHIPPING CO LTD V CIE
INTERNATIONALE DE NAVIGATION SA (2003)
The dispute arose from international commercial litigation involving shipping companies. One party
sought to rely on or enforce legal consequences connected to foreign proceedings.
The key question was whether the courts in the United Kingdom were required to give effect to
foreign judicial actions or whether they could refuse to do so when those actions conflicted with
fundamental domestic legal principles.

7. Legal Issue

LEGAL ISSUE
Can a domestic court refuse to recognize or give effect to foreign
judicial acts when doing so would violate the forum state’s public
policy?

8. Judgment

JUDGMENT
International
cooperation is not
unconditional
The public policy
exception
No automatic
enforcement of foreign
judicial acts
The House of Lords confirmed that courts in the United
Kingdom are entitled to refuse recognition or enforcement of
foreign judicial actions when they conflict with public
policy.