Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/29/2017

Subject: The Court affirmed that Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States precludes legislation of a Member State which, in a situation where the surrender of a foreign national in possession of a residence permit of indefinite duration in the territory of that Member State is sought by another Member State in order to execute a custodial sentence imposed on that national by a decision which has become final, first, does not authorise such a surrender, and secondly, merely lays down the obligation for the judicial authorities of the first Member State to inform the judicial authorities of the second Member State that they are willing to take over the enforcement of the judgment, where, on the date of the refusal to surrender, the execution has not in fact been taken over and where, furthermore, in the event that taking over that execution subsequently proves to be impossible, such a refusal may not be challenged. The Court underlined that the provisions of Framework Decision 2002/584 do not have direct effect. However, the competent national court, is obliged to interpret the provisions of national law so far as is possible in the light of the wording and the purpose of that framework decision, which means that, in the event of a refusal to execute a European arrest warrant issued with a view to the surrender of a person who has been finally judged in the issuing Member State and given a custodial sentence, the judicial authorities of the executing Member State are themselves required to ensure that the sentence pronounced against that person is actually executed. Finally the Court affirmed that Framework Decision 2002/584 does not authorise a Member State to refuse to execute a European arrest warrant issued with a view to the surrender of a person who has been finally judged and given a custodial sentence, on the sole ground that that Member State intends to prosecute that person in relation to the same acts as those for which that judgment was pronounced

Parties: Popławski

Classification: Justice - Art. 49 Criminal Law

Text