EUROJUST. 2018 Overview on the Case Law of the Court of Justice of the European Union (CJEU) on the European Arrest Warrant (EAW).

Today, Eurojust has published its 2018 Overview on the Case Law of the Court of Justice of the European Union (CJEU) on the European Arrest Warrant (EAW). It is a practical guide for the use of EU Member States’ judicial authorities that are involved in the judicial response to cross-border crime. It can facilitate the consistent and effective application of the EAW throughout the European Union.

Since 2004, the EAW allows for faster and simpler surrender procedures and puts an end to political involvement in extradition procedures. In 33 CJEU rulings in the period 2007-2018, the CJEU has clarified key issues in relation to the EAW application, such as the role of EU citizenship and the consideration of human rights. For example, the CJEU has ruled that if there is a real risk of inhuman and degrading treatment, the executing judicial authority must take into consideration a number of conditions and, after careful consideration, decide whether or not to surrender the person.

The Eurojust overview presented today contains a unique set of concise summaries of these judgements, and lists and provides hyperlinks to the judgements that are relevant in relation to a specific aspect of the EAW.


Table of Contents

1. Validity of the EAW FD

2. Admissibility of a request for a preliminary ruling by an issuing judicial authority

3. Concept of arrest warrant, judicial decision and issuing judicial authority

4. Obligation to execute an EAW

5. Scope of the EAW

6. Human rights scrutiny

7. Refusal grounds and guarantees

7.1. Minors

7.2.  Nationals, residents and persons staying in the executing Member State

7.3.  Ne bis in idem

7.4.  In absentia judgments

7.5. Notification of a Member State’s intention to withdraw from the EU

8. Time limits

9. Requests for additional information

10. Effects of the surrender

10.1. Deduction of period of detention served in the executing Member State

10.2.  Speciality rule

10.3.  Subsequent surrender

10.4. Appeal with suspensive effect

11. Transitional regime and relation to other instruments

12. Extradition of EU citizens


Chronological list of judgments

1. C-303/05, Advocaten voor de Wereld, Judgment of 3 May 2007.
2. C-66/08, Kozlowski, Judgment of 17 July 2008.
3. C-296/08 PPU, Santesteban Goicoechea, Judgment of 12 August 2008.
4. C-388/08, Leymann and Pustovarov, Judgment of 1 December 2008.
5. C-123/08, Wolzenburg, Judgment of 6 October 2009.
6. C- 306/09, I.B., Judgment of 21 October 2010.
7. C-261/09, Mantello, Judgment of 16 November 2010.
8. C-192/12 PPU, Melvin West, Judgment of 28 June 2012.
9. C-42/11, Lopes Da Silva Jorge, Judgment of 5 September 2012.
10. C-396/11, Radu, Judgment of 29 January 2013.
11. C-399/11, Melloni, Judgment of 26 February 2013.
12. C-168/13 PPU, Jeremy F., Judgment of 30 May 2013.
13. C-237/15 PPU, Lanigan, Judgment of 16 July 2015.
14. C-463/15 PPU, Openbaar Ministerie v. A, Order of 25 September 2015.
15. C-404/15 and C-659/15 PPU, Aranyosi and Căldăraru, Judgment of 5 April 2016. 16. Case C-108/16 PPU, Dworzecki, Judgment of 24 May 2016.
17. Case C-241/15, Bob-Dogi, Judgment of 1 June 2016.
18. Case C-294/16 PPU, J.Z., Judgment of 28 July 2016.
19. Case C-182/15, Petruhhin, Judgment of 6 September 2016.
20. Case C-453/16 PPU, Özçelik, Judgment of 10 November 2016.
21. Case C-452/16 PPU, Poltorak, Judgment of 10 November 2016.
22. Case C- 477/16 PPU, Kovalkosas, Judgment of 10 November 2016.
23. Case C-640/15, Vilkas, Judgment of 25 January 2017.
24. Case C-579/15, Poplawski, Judgment of 29 June 2017.
25. Case C-270/17 PPU, Tupikas, Judgment of 10 August 2017.
26. Case C-271/17 PPU, Zdziaszek, Judgment of 10 August 2017.
27. Case C-571/17 PPU, Ardic, Judgment of 22 December 2017.
28. Case C-367/16, Piotrowski, Judgment of 23 January 2018.
29. Case C-191/16, Pisciotti, Judgment of 10 April 2018.
30. Case C-216/18 PPU, Minister for Justice and Equality (Deficiencies in the System C-220/18 PPU of Justice), Judgment of 25 July 2018.

31. Case C-220/18 PPU, ML, Judgment of 25 July 2018.

32. Case C-268/17, AY, Judgement of 25 July 2018.

33. Case C-327/18 PPU, RO, Judgment of 19 September 2018.

2018-11-29T17:28:58+00:00 29 noviembre, 2018|Otros|