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CJEU - C-294/16 PPU / Opinion

JZ v. Prokuratura Rejonowa Łódź Śródmieście

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Effects of the surrender — Deduction of the period of detention served in the executing Member State — Article 26 — Detention arising from the execution of a European arrest warrant — Concept — Curfew with electronic monitoring — Inclusion — Fundamental rights — Article 6 and Article 49(3) of the Charter of Fundamental Rights of the European Union

Results (sanctions) and key consequences of the case:

  1. In the light of the foregoing considerations, I propose that the Court answer the questions referred for a preliminary ruling by the national court as follows:

    (1) Article 26(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that it is for the national court to determine, on the basis of the criterion of equivalence between measures involving deprivation of liberty stricto sensu and the measures applied to the applicant in the main proceedings, whether the latter measures produced a situation substantively comparable to the situation entailed by the former and, if they did, to deduct them from the period of detention to be served in the issuing Member State.

    (2) In circumstances such as those at issue in the main proceedings, the measures at issue cannot be classified as measures involving deprivation of liberty for the purposes of Article 26(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299.