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Spotlight ECtHR: EAW Cannot be Automatically Executed 
26 April 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 25 March 2021, the ECtHR delivered a landmark judgment, in which it sets out the level of fundamental rights protection by the ECHR in cases of execution of European Arrest Warrants. Read more
Council of Europe EU Fundamental Rights European Arrest Warrant
CJEU: Convictions of Third Countries Executed in EU Member States Can Be Subject of an EAW 
12 April 2021
Thomas Wahl Thomas Wahl
The CJEU decided on 17 March 2021 that, under certain circumstances, also convictions from third countries (here: Norway) may be subject to an EAW of an EU Member State which recognised the criminal judgment. Read more
EU European Arrest Warrant Transfer of Sentenced Persons
CJEU: National Arrest Decision and EAW Cannot be Issued by Public Prosecutor Alone 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 10 March 2020, the CJEU decided on the consequences of the Bulgarian criminal procedure system, under which both the European arrest warrant and the decision on which it is based had been issued by the Bulgarian public prosecutor without court review prior to surrender. … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
CJEU: Consequences of Invalid EAWs for Pre-Trial Detention in the Issuing State 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In Case C-414/20 PPU (“MM”), the CJEU had to rule on the consequences if a Member State issued a European Arrest Warrant (EAW) without prior judicial decision that orders the arrest of the requested person. In the case at issue, MM was prosecuted … Read more
EU European Arrest Warrant
CJEU Rules on Compliance of FD EAW with Charter of Fundamental Rights 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
In its judgment of 28 January 2021 in Case C-649/19 (“criminal proceedings against IR”), the CJEU took a stance on the extent of a person’s rights of information if he/she is subject to a European Arrest Warrant (EAW). In addition, the CJEU … Read more
EU European Arrest Warrant Procedural Safeguards
Spotlight EP Adopted Own Report on EAW Implementation 
25 March 2021 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 20 January 2021, the European Parliament adopted its own initiative report on the implementation of the European Arrest Warrant. While MEPs consider that the EAW is “generally a success” and has “positive effects on the maintenance of the AFSJ,” they believe that the time is ripe to improve and update the instrument, particularly since digital transformations have changed the ecosystem of crime. Read more
EU European Arrest Warrant Judicial Cooperation
Spotlight FCC: EU Charter is Review Standard for Poor Prison Conditions 
9 February 2021 (updated 2 years, 9 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
Backing two constitutional complaints, the German Federal Constitutional Court reproached two courts for not having adequately applied the CJEU's test in Arranyosi & Căldăraru regarding insufficient detention conditions in Romania. The decision is remarkable because the FCC accepts for the first time in relation to European criminal law that the fundamental rights of the German constitution are not the yardstick for examination but instead the fundamental rights of the CFR. Read more
EU Fundamental Rights European Arrest Warrant
CJEU: “Executing Judicial Authority” Follows Same Criteria as “Issuing Judicial Authority” 
8 February 2021 (updated 4 years, 2 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
According to the CJEU, Dutch public prosecutors are not an “executing judicial authority,” as they may be subject to individual instructions from the Dutch Minister of Justice. Therefore, the Dutch public prosecutor was not entitled to consent to an exception to the speciality rule (Art. 27 FD EAW). Herewith, the CJEU clarifies its case law on the requirements of independence, so that prosecution services can be ragarded "judicial authority" within the FD EAW. Read more
EU European Arrest Warrant
CJEU: Execution of an EAW in the Case of Judgments in Absentia 
8 February 2021
Thomas Wahl Thomas Wahl
On 17 December 2020, the CJEU decided that a court executing an EAW is not entitled to refuse surrender if the issuing state does not fulfil the requirements of Directive 343/2016 on the defendant’s right to be present at trial. The sole yardstick is Art. 4a FD EAW. Read more
EU European Arrest Warrant Procedural Safeguards
CJEU: General Deficiencies of Judicial Independence Do Not Justify EAW Refusal Alone 
8 February 2021 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
EU Member States may not impose a general ban on surrender, despite growing doubts about the independence of the Polish judiciary. The CJEU ruled on 17 December 2020 that the execution of a European Arrest Warrant (EAW) may still only be refused if the person concerned runs a real risk of being subjected to an unfair trial. Read more
EU Fundamental Rights European Arrest Warrant
Council Conclusions on Current Challenges and Way Forward for European Arrest Warrant 
8 February 2021 (updated 4 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
On 1 December 2020, the Council agreed on conclusions how to meet the current challenges and move forward regarding the European Arrest Warrant and extradition procedures. They set out how the effectiveness of the main instrument of judicial cooperation within the EU on the basis of the principle of mutual recognition could be improved. The conclusions deal with five main topics Read more
EU European Arrest Warrant
CJEU Maintains Petruhhin Doctrine: Extradition of EU Citizens to Third States Only in Agreement with Member State of Nationality 
8 February 2021 (updated 5 years, 3 months ago)
Thomas Wahl Thomas Wahl in Issue 4/2020
In its judgment of 17 December 2020, the CJEU confirmed the case law established in the 2016 Petruhhin judgment. Extradition of EU citizens to third countries can only be established in agreement with the EU Member State of nationality. The CJEU seized, however, the obligations for the requested Member State and the Member State of nationality within the consultation procedure. Read more
EU European Arrest Warrant Judicial Cooperation
Follow-up to Petruhhin Doctrine: Eurojust and EJN Map Problems 
8 February 2021 (updated 4 years, 3 months ago)
Cornelia Riehle LL.M. Cornelia Riehle LL.M. / Thomas Wahl Thomas Wahl in Issue 4/2020
At the beginning of December 2020, Eurojust and the EJN published a joint report on the extradition of EU citizens to third countries. The report identifies the main issues arising in practice with the consultation procedure that has been established by the CJEU in its 2016 Petruhhin judgement in cases where an EU Member State is faced with an extradition request from a third country concerning a citizen of another EU Member State. Read more
EU European Arrest Warrant Judicial Cooperation
Draft for EP Resolution on EAW 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 3 September 2020, MEP Javier Zarzalejos (EPP, ES), member of the LIBE Committee, presented the first draft of a resolution by the EP on the implementation of the European Arrest Warrant. According to Zarzalejos, the EAW system is a success, and the limited … Read more
EU European Arrest Warrant Judicial Cooperation
EAW and Ireland: Commission Initiates Infringement Procedure 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
In October 2020, the Commission initiated an infringement procedure against Ireland for not complying with the FD EAW. The Commission believes that Ireland has failed to comply with the mandatory time limits for executing EAWs. In addition, the Commission criticises that Ireland introduced additional grounds … Read more
EU European Arrest Warrant Judicial Cooperation
Legal Experts Call for Political Intervention after EAW Suspensions 
28 December 2020 (updated 5 years, 8 months ago)
Thomas Wahl Thomas Wahl
Against the background that more and more national courts tend to suspend cooperation with Poland due to rule of law concerns, the Meijers Committee – an independent group of experts on international immigration, refugee and criminal law –urge politicians to increase pressure on the concerned … Read more
EU European Arrest Warrant Judicial Cooperation