Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/23/2023

Subject: According to the Court, Framework Decision 2002/584/JHA on the European arrest warrant and the surrender procedures between Member States, read in the light of Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, authorises the executing judicial authority to refuse to surrender the requested person to the issuing Member State where it is apparent that the proceedings resulting in a second criminal conviction of that person, which was decisive for the issue of the European arrest warrant, took place in absentia, unless the European arrest warrant contains, in respect of those proceedings, one of the statements referred to in subparagraphs (a) to (d) of that provision. However, the Court affirmed that Framework Decision 2002/584, precludes the executing judicial authority from refusing to surrender the requested person to the issuing Member State, on the ground that the proceedings resulting in the revocation of the suspension of the custodial sentence for the execution of which the European arrest warrant was issued took place in absentia, or from making the surrender of that person subject to a guarantee that he or she will be entitled, in that Member State, to a retrial or to an appeal allowing for the re-examination of such a revocation decision or of the second criminal conviction which was handed down against that person in absentia and which proves decisive for the issue of that warrant

Parties: Minister for Justice and Equality (Levée du sursis)

Classification: Justice - Art. 47 Fair trial, public hearing - Art. 48 Rights of defence

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