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ECJ: No Automatic Refusal to Enforce in absentia Convictions 
14 August 2026
Joscha Kanstinger 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: 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 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. Read more
EU Fundamental Rights European Arrest Warrant Taking Account of Convictions
Spotlight ECJ: EU Member State Cannot Enforce Prison Sentence without Consent of Sentencing State 
30 September 2025
Thomas Wahl 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 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 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
Spotlight CJEU: Special Recognition Procedure Not in Line with EU Law 
21 October 2018 (updated 7 years, 10 months ago)
Thomas Wahl Thomas Wahl
On 5 July 2018, the CJEU ruled that Framework Decision 2008/675/JHA precludes Hungarian procedural rules on the recognition and validity of final criminal judgments previously handed down by the court of another Member State (Case C-390/16 [Lada]). Read more
EU Taking Account of Convictions