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European Arrest Warrant
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Trackathon to Locate Fugitives
24 June 2026
Cornelia Riehle LL.M.
in Issue
1/2026
On 3 and 4 June 2026, nearly 100 investigators and open-source intelligence (OSINT) specialists from 31 countries gathered at Europol headquarters for the 2026 edition of the ENFAST Trackathon, a high-intensity operation targeting some of Europe’s most dangerous fugitives. The initiative focused on high-priority …
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EU
Europol
European Arrest Warrant
Law Enforcement Cooperation
Police Cooperation
Spotlight
ECJ: Executing Member State Must Ensure Enforcement of Custodial Sentence if it Denies Surrender due to Fundamental Rights Grounds
16 June 2026
(updated 3 months, 3 weeks ago)
Thomas Wahl
in Issue
1/2026
On 4 June 2026, the Grand Chamber judgment of the ECJ concluded: If an EU Member State refuses the surrender of persons due to poor detention conditions in the EU Member States that sentenced them, the refusing Member State is required to enforce the prison sentence on its own territory. The main aim must be to avoid impunity of the requested person.
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EU
Fundamental Rights
European Arrest Warrant
Taking Account of Convictions
ECJ: Execution of EAW if Offence Was Committed Also in the Territory of Executing State
14 April 2026
Thomas Wahl
in Issue
1/2026
In its judgment of 12 February 2026 in Case C-712/25 PPU (Rastoshev), the ECJ ruled that the executing authorities cannot automatically refuse the execution of a European Arrest Warrant (EAW) if the offence has been committed in whole or in part in the territory of the executing Member State.
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EU
Area of Freedom, Security and Justice
European Arrest Warrant
Spotlight
ECJ: EIO Can Be Issued Instead of EAW
19 February 2026
Thomas Wahl
in Issue
4/2025
In its judgment of 18 December 2025 in Case C-325/24 (Bissilli), the ECJ ruled that a European Investigation Order (EIO) can be issued for the temporary transfer or for a videoconference hearing of an accused person held in custody abroad, if the EIO has an evidential objective and is necessary for the purpose of gathering evidence. The judges in Luxembourg also clarified the relationship between the various refusal grounds set out in Directive 2014/41.
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EU
European Arrest Warrant
European Investigation Order
Judicial Cooperation
AG Opinion: Refusal of EAW in Case of Disproportionate Sentence
18 February 2026
Thomas Wahl
in Issue
4/2025
In his Opinion in Case C-583/24 (Tagu) released on 22 January 2026, Advocate General (AG) Richard de la Tour addressed the question of whether the threat of enforcement of a manifestly disproportionate custodial sentence can prevent surrender on the basis of a European arrest warrant (EAW).
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EU
Fundamental Rights
European Arrest Warrant
Extradition for Nord Stream Pipeline Blast: EU Courts Have Ruled Differently on German EAWs
21 January 2026
(updated 4 months, 2 weeks ago)
Thomas Wahl
in Issue
3/2025
This news item summarises the proceedings in the Nord Stream extradition case complex where courts in Italy and Poland took different surrender decisions in summer/autumn 2025. The cases sparked a legal debate on fundamental issues of the EU's extradition scheme under the Framework Decision on the European arrest warrant.
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EU
European Arrest Warrant
Current Infringement Proceedings in Justice and Home Affairs: October – December 2025
17 December 2025
(updated 9 months, 2 weeks ago)
Thomas Wahl
in Issue
3/2025
In its regular package of infringement decisions, the European Commission takes legal action against Member States that fail to comply with their obligations under EU law. The following overview reports on selected infringement proceedings in the area of justice and home affairs that were opened or continued in October, November and December 2025.
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EU
Legislation
Cybercrime
Protection of Financial Interests
European Arrest Warrant
Police Cooperation
Procedural Safeguards
ECJ: EAW Possible When Police Supervision Is Converted into Custodial Sentence
9 December 2025
Thomas Wahl
in Issue
3/2025
The ECJ clarified the interpretation of Art. 4a of the Framework Decision on the European arrest warrant governing the possibilities of surrender in case of decisions rendered in absentia. According to the ECJ, a decision imposing a custodial sentence in lieu of the additional sentence of police supervision is a decision imposing a new custodial sentence, which falls under the concept of "trial resulting in a decision" pursuant to Art. 4a.
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EU
European Arrest Warrant
EJN Biennial Report Highlights Judicial Cooperation Achievements and Digital Innovation
1 December 2025
Cornelia Riehle LL.M.
in Issue
3/2025
The biennial EJN activity and management report, released in November 2025, provides a comprehensive overview of the support delivered by EJN Contact Points to national judicial authorities in cross-border judicial cooperation in 2023 and 2024.
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EU
European Judicial Network (EJN)
European Arrest Warrant
European Investigation Order
Judicial Cooperation
Spotlight
ECJ: EU Member State Cannot Enforce Prison Sentence without Consent of Sentencing State
30 September 2025
Thomas Wahl
in Issue
2/2025
On 4 September 2025, the Grand Chamber of the ECJ decided that an EU Member State cannot enforce a custodial sentence imposed in another Member State itself without the consent of that State. The sentencing State may maintain the EAW and seek to have the person concerned back for enforcement of the prison sentence on its own territory.
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EU
European Arrest Warrant
Taking Account of Convictions
Transfer of Sentenced Persons
AG: Domestic Enforcement in the Event of Refusal to Surrender on Grounds of Fundamental Rights
22 September 2025
(updated 3 months, 3 weeks ago)
Thomas Wahl
in Issue
2/2025
According to an opinion by AG Rantos, published on 10 July 2025, an EU Member State, which refuses to execute a European Arrest Warrant on the grounds that there is a risk of violation of the fundamental rights of the persons concerned in the issuing Member State, is obliged to order the enforcement of the sentence on its own territory.
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EU
Fundamental Rights
European Arrest Warrant
Taking Account of Convictions
Transfer of Sentenced Persons
Update of Online Criminal Detention Database Released
1 August 2025
Cornelia Riehle LL.M.
in Issue
2/2025
On 20 May 2025, the European Union Agency for Fundamental Rights (FRA) released an updated version of its online criminal detention database. Originally launched in 2019, the database provides information about detention conditions in EU countries.
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EU
Fundamental Rights
Agency for Fundamental Rights (FRA)
European Arrest Warrant
Judicial Cooperation
ECJ: No Obligation for Mutual Recognition of Decision Taken in Favour of a Person Requested for Extradition to a Third Country
21 June 2025
(updated 4 months, 2 weeks ago)
Thomas Wahl
in Issue
2/2025
On 19 June 2025, the ECJ ruled that an authority of an EU Member State is not obliged to mutually recognise a decision taken in another EU Member State that refused extradition of an individual to a third state. However, it must take due account of the reasons of this previous decision in its own assessment of a possible refusal on the ground of fundamental rights.
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EU
Area of Freedom, Security and Justice
European Arrest Warrant
Judicial Cooperation
ECJ Ruled on EAW Comepting with Extradition Request
6 June 2025
Thomas Wahl
in Issue
1/2025
On 20 March 2025, the ECJ delivered its judgment in Case C-763/22 (Procureur de la République v OP). The case concerned a decision by an EU Member State to resolve a conflict between a European Arrest Warrant and an extradition request relating to …
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EU
Fundamental Rights
European Arrest Warrant
Judicial Cooperation
ECJ: VAT Fraudster Must Be Surrendered to Spain
27 May 2025
Thomas Wahl
in Issue
1/2025
On 10 April 2025, the ECJ ruled in Case C-481/23 (Sangas) that the execution of a European arrest warrant (EAW) cannot be refused if it is intended solely to ensure that the requested person is present at resumed criminal proceedings in the issuing State, nor if there is no jurisdiction for the acts constituting the offence under the criminal law of the executing State.
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EU
European Arrest Warrant
Spotlight
ECJ Ruled on Fundamental Rights Test for Surrenders to the United Kingdom
23 October 2024
(updated 1 year, 4 months ago)
Thomas Wahl
in Issue
2/2024
On 29 July 2024, the ECJ delivered an important judgment on the conditions under which surrender of a person can be granted by a EU Member State to the United Kingdom (UK). The Court interpreted the fundamental rights clause enshrined in the Trade and Cooperation Agreement (TCA) between the European Union and the United Kingdom and held that the surrender mechanism under the TCA differs from the one provided by the EU’s Framework Decision on the European Arrest Warrant.
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EU
Fundamental Rights
Brexit
European Arrest Warrant
Judicial Cooperation
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