Stream repository

CJEU Case Law analysis

The STREAM CJEU Case Notes analyze recent decisions of the Court of Justice of the European Union dealing with questions related to the conditions for issuing and execution of European Arrest Warrants.

Case C-354/20 PPU and C-412/20 PPU

KEYWORDS: Independence of the “issuing judicial authority”; Non-execution of the EAW in “exceptional circumstances”; Right of access to an independent and impartial tribunal; Systemic or generalised deficiencies; Real risk of violation of the right to a fair trial; Two-step examination.

On 17 December 2020, the Court of Justice of the European Union (Grand Chamber) issued decision in Joined Cases C-354/20 PPU and C-412/20 PPU. The decision originated from two requests for preliminary ruling made by the District Court of Amsterdam (Netherlands), in proceedings related to the execution of two EAWs issued by Polish courts. The judgment concerns the requirement of independence of the “issuing judicial authority” and the right to a fair trial under Article 47(2) of the Charter …

Case C-414/20 PPU

KEYWORDS: Concept of “issuing judicial authority”; Effective judicial protection; National arrest warrant; Any other enforceable judicial decision having the same effect; Validity of the EAW; Judicial review of the EAW; Access to judicial remedies post surrender; Pre-trial detention.

On 13 January 2021, the Court of Justice of the European Union (Third Chamber) issued decision in Case C-414/20 PPU. The decision originated from a request for preliminary ruling made from the Specialised Criminal Court of Bulgaria…

Case C-648/20 PPU

KEYWORDS: Access of the requested person to judicial review before surrender; Effective judicial protection; Dual level of protection of fundamental rights; Judicial review before the execution of the EAW; National judicial decision and EAW issued by a public prosecutor.

On 10 March 2021, the Court of Justice of the European Union (First Chamber) issued decision in Case C-648/20 PPU. The decision originated from a request for a preliminary ruling made by the Westminster Magistrates’ Court (United Kingdom). The case concerns the execution in the United Kingdom of a EAW issued by a public prosecutor of Bulgaria against PI for the purpose of conducting criminal prosecution. This case relates to the interpretation of Article 8(1)(c) of FD EAW in the light of the right to effective judicial protection enshrined in Article 47 of the Charter …

Case C-510/19

KEYWORDS: Concept of “executing judicial authority”; Independence of the “executing judicial authority”; Public prosecutor subject to instructions in specific cases from the executive; Effective judicial protection; Rule of speciality; Consent to prosecute for an offence other than the one for which the person is surrendered.

On 24 November 2020, the Court of Justice of the European Union (Grand Chamber) issued decision in Case C-510/19. The decision originated from a request for preliminary ruling made by the Court of Appeal of Brussels (Belgium). The case concerns the execution of an additional EAW against a Belgian citizen who was surrendered from the Netherlands to Belgium, following a previous EAW. This case relates to the concept of “executing judicial authority” in view of Article 6(2) and Article 27(3)(g) of the FD EAW …

Case C-665/20

KEYWORDS: Mandatory grounds for non-execution; Optional grounds for non-execution; The principle of “ne bis in idem”; Concept of “the same acts”; Margin of appreciation of the executing judicial authority; Leniency measures.

On 29 April 2021, the Court of Justice of the European Union (Fifth Chamber) issued decision in case C-665/20. The decision originated from a request for preliminary ruling made by the District Court of Amsterdam (Netherlands), concerning the execution of an EAW issued by the German judicial authorities against X. The case relates to the interpretation of the principle of “ne bis in idem” under Article 4(5) of FD EAW.