Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/04/2025

Subject: According to the Court, the refusal by the executing judicial authority, based on the ground for optional non-execution to surrender a person who is the subject of a European arrest warrant issued for the purposes of enforcing a custodial sentence presupposes that that judicial authority has complied with the conditions and the procedure laid down in Framework Decision 2008/909 as regards the recognition of the judgment in respect of that sentence and the assumption of responsibility for the enforcement of that sentence. The issuing State retains the right to enforce that sentence and therefore to maintain the European arrest warrant in circumstances where the executing judicial authority, without having complied with the conditions and the procedure laid down in Framework Decision 2008/909 as regards the recognition of that judgment and that assumption of responsibility, has refused, on the basis of that ground, to execute that European arrest warrant

Parties: C.J. (Exécution d’une condamnation à la suite d’un MAE)

Classification: Justice - Art. 49 Criminal Law

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