Case C-722/23
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C-722/23
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Interpretation of the Framework Decision on the European Arrest Warrant - Consequences of the ECJ judgment in Aranyosi and Căldăraru for the enforcement of custodial sentences imposed against the requested person. Question: Must Art. 4(6) of Framework Decision 2002/584 be interpreted as meaning that the executing judicial authority, where it refuses to execute an EAW on the basis of a ground for non-execution under Art. 1(3) thereof because there is a risk that the person concerned would, if surrendered to the issuing judicial authority, suffer a breach of his or her fundamental rights as a result f the conditions of detention in the issuing Member State, has the option or is required, in order to avoid impunity of that person, to examine whether to order that that sentence be served in the territory of the executing Member State, where it establishes that that person is a national of or resides in that Member State. The case was joined with Case C-91/24 (Aucroix) CategoriesFundamental Rights European Arrest WarrantRelated links |