Abstract
In this case, the CJEU answers the question whether Article 1(3) of the Framework Decision on the European arrest warrant must be interpreted as meaning that when there are strong indications that detention conditions in the issuing Member State infringe Article 4 of the Charter, the executing judicial authority must refuse surrender of the person against whom a European arrest warrant is issued. The CJEU rules that if, after a two-stage assessment, the executing judicial authority finds that there is a real risk of an Article 4 violation for the requested person once surrendered, the execution of the arrest warrant must initially be deferred and, where such a risk cannot be discounted, the executing judicial authority must decide whether or not to terminate the surrender procedure. This conclusion shakes the system of mutual trust upon which the principle of mutual recognition is built.
Highlights
The CJEU answers the question whether Article 1(3) of the Framework Decision on the European arrest warrant must be interpreted as meaning that when there are strong indications that detention conditions in the issuing Member State infringe Article 4 of the Charter, the executing judicial authority must refuse surrender of the person against whom a European arrest warrant is issued
The Framework Decision on the European arrest warrant and the surrender procedures between Member States (FDEAW) is the first concrete measure in the field of European criminal law based on the principle of mutual recognition.[1]
The relationship between mutual recognition and mutual trust in the FDEAW is evident from Recital (10) which states that the FDEAW mechanism is based on a high level of confidence between Member States and that it may only be suspended in the event of a serious and persistent breach by a Member State of Article 6(1) TEU
Summary
The Framework Decision on the European arrest warrant and the surrender procedures between Member States (FDEAW) is the first concrete measure in the field of European criminal law based on the principle of mutual recognition.[1]. In both Aranyosi and Căldăraru the court was not able to decide whether surrender to Hungary and Romania respectively was permissible, based on Article 1(3) FDEAW.[32] For this reason, the Hanseatische Oberlandesgericht Bremen decided to stay the proceedings and refer the following question: Must FDEAW Article 1(3) be interpreted as meaning that when there are strong indications that detention conditions in the issuing Member State infringe Article 4 of the Charter, the executing judicial authority must refuse surrender of the person against whom a European arrest warrant is issued?33
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