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CJEU: Surrender of Resident if Executing State Unable to Enforce Custodial Sentence 
18 February 2019
Thomas Wahl Thomas Wahl
On 13 December 2018, the CJEU decided on a request for a preliminary ruling that concerned the interpretation of Art. 4 No. 6 FD EAW in conjunction with the divergent levels of sanctioning among the EU Member States.Facts of the CaseIn the case … Read more
EU European Arrest Warrant
Eurojust Updates Overview of CJEU’s Case Law on EAW 
16 January 2019
Thomas Wahl Thomas Wahl
In November 2018, Eurojust issued an update of its overview of the case law of the CJEU with regard to the application of Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and surrender procedures between Member States (FD EAW). Read more
European Arrest Warrant
Fair Trial Violation: Amsterdam Court Refuses Surrender to Poland 
16 January 2019
Thomas Wahl Thomas Wahl
On 5 October 2018, the Internet news channel “DutchNews.nl” reported that the Amsterdam District Court stopped surrender of a Polish national to Poland (for the time being) because of “major doubts about the independence of the Polish judiciary.” Read more
EU European Arrest Warrant
Report
The 2018 Conference on International Extradition and the European Arrest Warrant 
24 October 2018 (updated 7 years, 8 months ago)
Prof. Dr. Stefano Maffei Prof. Dr. Stefano Maffei
Academic and practising lawyers from around the world gathered in Sarnico, Italy in the last week of June 2018 to brainstorm on current developments in extradition law in several countries, including the UK, Scotland, USA, Italy, Albania, Australia, Germany, and Switzerland. A poll of participants indicated that virtually all considered the two-day conference a complete success. Read more
EU European Arrest Warrant Judicial Cooperation
Spotlight CJEU: Refusal of EAW in Case of Fair Trial Infringements Possible as Exception 
22 October 2018 (updated 4 years, 8 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2018
On 25 July 2018, the CJEU delivered its judgment on the non-execution of European Arrest Warrants (EAWs) in cases of systemic deficiencies regarding the independence of the judiciary (Case C-216/18 PPU [“LM”]). Read more
EU European Arrest Warrant
German Court Held Extradition of Catalan Leader Puigdemont Partly Inadmissable 
20 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
In the most prominent European Arrest Warrant case in Germany in recent time, the possible surrender of former Catalan Regional President Carles Puigdemont to Spain, the First Senate for Criminal Matters of the Higher Regional Court of the State of Schleswig-Holstein rendered its final admissibility decision on 12 July 2018. Read more
EU European Arrest Warrant
CJEU Blames Hungary for Non-Execution of Croatian EAW for Corruption 
20 October 2018 (updated 3 years, 10 months ago)
Thomas Wahl Thomas Wahl in Issue 2/2018
On 25 July 2018, the CJEU rendered an important judgment on the obligations of the executing authority in the European Arrest Warrant (EAW) system. Furthermore, the judgment interprets the refusal grounds of Art. 3 No. 2 and Art. 4 No. 3 FD EAW. Read more
EU European Arrest Warrant Ne bis in idem
Spotlight CJEU Clarifies Position on Non-Surrender in Case of Poor Detention Conditions (“Aranyosi III”) 
20 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 25 July 2018, the CJEU rendered afurther landmark judgment on the question as to which extent judicial authorities in the executing Member State can refuse surrender after a European Arrest Warrant if detention conditions in the issuing Member State risk violating the fundamental right against inhuman or degrading treatment (Art. 4 CFR). Read more
EU European Arrest Warrant
CJEU: UK’s Decision to Withdraw from EU Does Not Affect the Execution of EAWs 
20 October 2018
Thomas Wahl Thomas Wahl
On 19 September 2018, the European Court of Justice (CJEU) decided on the impact of Brexit on the execution of European Arrest Warrants (EAWs) issued by the UK (Case C-327/18 PPU). Read more
EU European Arrest Warrant
Lawyers Organisations: Rule-of-Law Violations Have Direct Impact on Judicial Cooperation 
29 June 2018 (updated 4 years, 10 months ago)
Thomas Wahl Thomas Wahl
On the occasion of the reference for a preliminary ruling drafted by the Irish High Court, questioning recognition of a EAW issued by Poland because of the fundamental rights situation in the country, the Council of Bars and Law Societies in Europe (CCBE) and the Federation of European Bars (FBE) issued a joint statement on the rule of law and the principle of mutual recognition. Read more
EU Rule of Law European Arrest Warrant
Reference for Preliminary Ruling on Detention Conditions by Higher Regional Court of Hamburg 
22 June 2018
Thomas Wahl Thomas Wahl
Following the judgment of the Federal Constitutional Court blaming the Higher Regional Court of Hamburg for not having sufficiently taken into account a person’s right to a lawful judge, the Higher Regional Court of Hamburg lodged a reference for a preliminary ruling to the CJEU. Read more
EU European Arrest Warrant
Higher Regional Court of Bremen Submits “Aranyosi III” 
22 June 2018 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl
On 27 March 2018, the Higher Regional Court of Bremen/Germany, submitted a request to the CJEU seeking clarification of the CJEU’s case law on detention conditions as set out in the Aranyosi/Căldăraru case. Read more
EU European Arrest Warrant
German Court: Surrender of Catalan Leader Puigdemont Possible But No Serious Flight Risk 
22 June 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
The surrender of Carles Puigdemont, who promoted the independence of Catalonia from Spain, became a matter for German authorities. On 25 March 2018, while returning to Belgium from a trip to Finland, Puigdemont was apprehended north of Germany, near the border to Denmark. Read more
EU European Arrest Warrant
Spotlight Federal Constitutional Court Calls for German Courts to Consult CJEU on Detention Conditions 
6 June 2018 (updated 5 years, 5 months ago)
Thomas Wahl Thomas Wahl in Issue 1/2018
German courts are still struggling with the problem as to the extent to which persons can be surrendered if detention conditions in another EU country risk violating the ban on inhuman and degrading treatment in accordance with Art. 3 ECHR.This question was also the … Read more
EU European Arrest Warrant
No Decision on Aranyosi II Case by CJEU 
6 June 2018 (updated 3 years, 8 months ago)
Thomas Wahl Thomas Wahl
On 15 November 2017, the CJEU released an order in which it stated that no decision will be taken on a reference for a preliminary ruling on the CJEU’s case law on detention conditions by the Higher Regional Court of Bremen. After the CJEU’s landmark … Read more
EU Court of Justice of the European Union (CJEU) European Arrest Warrant
Irish High Court Questions Fair Trial Guarantee in Poland after Surrender 
6 June 2018 (updated 7 years, 10 months ago)
Alexander Oppers Alexander Oppers
On 23 March 2018, the Irish High Court filed a request for a Preliminary Ruling under Article 267 TFEU. It concerned a request for surrender from Poland on the basis of a European Arrest Warrant (EAW).In the case at issue ([2018] IEHC 153, the … Read more
EU European Arrest Warrant