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AG Gives Opinion on EAW Competing with Extradition Request 
2 October 2024 (updated 3 months, 3 weeks ago)
Thomas Wahl Thomas Wahl in Issue 3/2024
On 5 September 2024, Advocate General (AG) Nicholas Emiliou presented his opinion in case C-763/22 (Procureur de la République v OP). The case concerns the conditions under which EU Member States may decide on the competition between a European Arrest Warrant and … Read more
EU Fundamental Rights European Arrest Warrant Judicial Cooperation
ECJ: No Ruling on Defendant's Right to Participate via Videoconference 
31 July 2024
Thomas Wahl Thomas Wahl in Issue 2/2024
In its judgment in the Joined Cases C-255/23 and C-285/23 (AVVA and Others), the ECJ clarified on 6 June 2024 that it will not rule on the question whether Union law confers defendants a right to participate at trial remotely via videoconference. The … Read more
EU Money Laundering European Arrest Warrant European Investigation Order Procedural Safeguards
New Factsheet: The EAW Under the Case Law of the CJEU and ECtHR 
24 July 2024 (updated 1 year, 10 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. in Issue 2/2024
In June 2024, the Fundamental Rights Agency (FRA), together with the Registry of the European Court of Human Rights (ECtHR), prepared a factsheet on the European Arrest Warrant (EAW) and the EU Member States' obligations to respect fundamental rights. The factsheet highlights jurisprudence in selected … Read more
Council of Europe EU Fundamental Rights European Court of Human Rights Court of Justice of the European Union (CJEU) Agency for Fundamental Rights (FRA) European Arrest Warrant
FRA Report Sees Room for Improvement to Guarantee Rights in EAW Proceedings 
15 April 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2024
At the end of March 2024, the EU Fundamental Rights Agency (FRA) published a report on how the principles and rights in European Arrest Warrant (EAW) proceedings are upheld in practice. The report is a response to a call from the Council towards FRA to … Read more
EU Agency for Fundamental Rights (FRA) European Arrest Warrant Procedural Safeguards
Spotlight ECJ: EAW Must in Principle Also Be Executed against a Mother of Young Children 
12 March 2024 (updated 1 year, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2023
On 21 December 2023, the ECJ, sitting in for the Grand Chamber, ruled in Case C-261/22 (GN) that the surrender of a person requested by a European Arrest Warrant cannot be refused on the sole ground that she is the mother of young children. Thus, the ECJ reaffirmed its case law on the protection of fundamental rights in the context of Framework Decision 2002/584 on the European arrest warrant. Read more
EU Fundamental Rights European Arrest Warrant
Eurojust: Updated Overview on EAW Case Law 
23 November 2023
Cornelia Riehle LL.M. Cornelia Riehle LL.M.
In October 2023, Eurojust published an update of its overview of the case law of the Court of Justice of the European Union (CJEU) with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant (EAW) and the … Read more
EU Eurojust European Arrest Warrant
Spotlight ECJ Ruled on Fundamental Rights Refusal of Norwegian Surrender Warrant 
21 November 2023 (updated 2 years, 10 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 14 September 2023, the ECJ ruled on the extent Member State courts must take account of fundamental rights when it comes to extradition on the basis of the Agreement on the surrender procedure between the EU and Iceland/Norway. In addition, the Court had to decide as to which extent decisions taken in other EU Member States in the extradition case can be taken into account by the executing court. Read more
EU European Arrest Warrant Judicial Cooperation
ECJ Ruled on the Prohibition of Double Jeopardy in Fraudulent Pyramid Schemes 
16 November 2023
Thomas Wahl Thomas Wahl
On 21 September 2023, the ECJ delivered a judgment that assessed whether facts are identical if a criminal carried out a fraudulent pyramid scheme in Spain and Portugal. The judges in Luxembourg were of the opinion that this does not seem the case under the circumstances at issue. Read more
EU European Arrest Warrant Ne bis in idem
Spotlight ECJ: EAW Requires Equal Treatment of Third-Country Nationals 
2 October 2023
Thomas Wahl Thomas Wahl
According to the ECJ's Grand Chamber judgment, the option of refusing to execute a European Arrest Warrant in order for the sentence to be executed in the Member State of residence must be equally applicable to third-country nationals The judicial authority must assess whether there is a legitimate interest justifying the execution in its territory of the sentence imposed in the issuing Member State. Read more
EU Fundamental Rights European Arrest Warrant
AG: Best Interest of Child Must Guide Decision to Execute EAW 
29 September 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2023
According to Advocate General Ćapeta the execution of a European Arrest Warrant issued against a mother of small children may be refused when that is in the best interest of the child. Such a refusal is possible only if, after having contacted the issuing authority, the executing authority does not have sufficient information in order to be absolutely certain that the execution of the EAW would not go against the best interest of the child. Read more
EU Fundamental Rights European Arrest Warrant
ECJ Rules on Consequences of the Prosecutor's Lacking Independence for the Consent Procedure 
8 August 2023
Thomas Wahl Thomas Wahl
On 6 July 2023, the ECJ clarified the consequences to be drawn from its case law on the lacking independence of public prosecution services so that they cannot be recognised as "issuing judicial authority" within the meaning of Art. 6(1) of the Framework Decision on … Read more
EU European Arrest Warrant
Spotlight CJEU Rules on Suspension of European Arrest Warrant in Case of Serious Illness 
14 June 2023
Thomas Wahl Thomas Wahl
On 18 April 2023, the CJEU took another important decision on the handling of EAWs if fundamental rights of the requested person are at stake. It decided that a manifest risk endangering the person’s health can justify temporary suspension of his/her surrender. The executing judicial authority is obliged to ask the issuing authority for information concerning the conditions in which it intends to prosecute or detain that person. Read more
EU Fundamental Rights European Arrest Warrant
Spotlight CJEU Upholds Restrictive Fundamental Rights Jurisprudence on the EAW in Catalan Surrender Cases 
14 June 2023 (updated 2 years, 6 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2023
The CJEU ruled in the legal battle between the Spanish Supreme Court and Belgian courts regarding the surrender of escaped Catalan politicians after the illegal referendum in Catalonia in 2017. The CJEU clarified that Belgian courts could not refuse the Spanish EAWs on the ground that the criminal court in Spain does not have jurisdiction to try the persons concerned. The judgment has huge importance on fundamental rights checks in the EAW mechanism. Read more
EU Fundamental Rights European Arrest Warrant
Spotlight Commission Recommendation on Detention Conditions in the EU 
19 January 2023 (updated 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
On 8 December 2022, the European Commission presented a recommendation on detention conditions. It follows-up to demands to improve the situation on detention conditions in the EU since divergences had a negative impact on mutual trust and judicial cooperation within the bloc. Read more
EU European Arrest Warrant Procedural Safeguards
AG: Postponement of Surrender in Case of Serious Health Risk 
15 December 2022 (updated 3 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2022
According to AG Sánchez-Bordona, a serious heath risk to a person subject to surrender by means of a European Arrest Warrant may justify a postponement of surrender, but not a refusal to execute the EAW with no further justification. The executing authority is obliged to communicate with the issuing authority. Read more
EU Fundamental Rights European Arrest Warrant
AG: EAW Can be Refused if Proceedings Revoking Suspension Were Conducted in absentia 
21 November 2022
Thomas Wahl Thomas Wahl
According to AG Ćapeta, a European Arrest Warrant can be refused if the person concerned was absent in the proceedings revoking the suspension of the prison sentence or in the proceedings finding guilt and determining the sentence for the second offence that triggered the revocation. However, this is under the condition that no exceptional case as defined in Art. 4a(1)(a)-(d) applies in the case at issue. Read more
EU European Arrest Warrant