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ECJ: No Automatic Refusal to Enforce in absentia Convictions

14 August 2026

Joscha Kanstinger in Issue 1/2026

On 21 May 2026, the ECJ delivered its judgment in Case C‑447/24 (Höldermann) concerning the recognition and enforcement of a custodial sentence imposed following a trial at which the sentenced person did not appear in person in the issuing State (in absentia conviction). Read more

EU Judicial Cooperation Taking Account of Convictions Transfer of Sentenced Persons Procedural Safeguards

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. Read more

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. Read more

EU Fundamental Rights European Arrest Warrant Taking Account of Convictions Transfer of Sentenced Persons

Italian Supreme Court Applies Manifest Error Doctrine: Personal Drug Use Cannot Be Treated as Illicit Trafficking under EU Mutual Recognition Framework

31 March 2025

Avv. Nicola Canestrini in Issue 1/2025

On 14 March 2025, in a landmark ruling, the Italian Court of Cassation clarified the powers of the executing state’s obligations under Framework Decision 2008/909/JHA concerning the mutual recognition of criminal judgments imposing custodial sentences. Read more

EU Area of Freedom, Security and Justice Judicial Cooperation Taking Account of Convictions Transfer of Sentenced Persons

ECJ: Deficiencies in Fair Trial Protection Can Block Recognition of Custodial Sentence

2 February 2024 (updated 2 years, 6 months ago)

Thomas Wahl in Issue 3/2023

If there are deficiencies in the rule of law, which have an impact on the concrete criminal decision, not only extradition but also the execution of a prison sentence can be refused. This was decided by the ECJ on 9 November 2023 upon a referral by the Regional Court of Aachen (Germany). Read more

EU Fundamental Rights Transfer of Sentenced Persons

CJEU: Convictions of Third Countries Executed in EU Member States Can Be Subject of an EAW

12 April 2021

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

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