Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/04/2026

Subject: According to the Court, an executing judicial authority, where it has refused to execute, on the basis of Article 1(3) of Framework Decision 2002/584, as amended, a European arrest warrant issued for the purposes of enforcing a custodial sentence, cannot, in order to avoid the impunity of the requested person, apply, in addition, the ground for optional non-execution provided for in Article 4(6) of that framework decision. However, in the event of such a refusal, the executing Member State is required, in order to avoid such an impunity, to invoke the provisions of Article 4(5) of Council Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, by requesting, on its own initiative, that the issuing Member State forward to it the judgment imposing that sentence, together with the certificate, with a view to that sentence being enforced in its territory

Parties: Rugu

Classification: Justice - Art. 49 Criminal Law

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