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CJEU C‐452/16 PPU / Opinion

Openbaar Ministerie v. Halil Ibrahim Özçelik

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:

Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 8(1)(c) — Meaning of ‘arrest warrant or any other judicial decision’ prior to the European arrest warrant

Results (sanctions) and key consequences of the case:

  1. In the light of the foregoing considerations, I propose that the Court of Justice reply to the questions referred by the rechtbank Amsterdam (Court of First Instance, Amsterdam, Netherlands) as follows:

    (1) The expression ‘judicial decision’ which appears in Article 8(1)(c) 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 Council Framework Decision 2009/299/JHA of 26 February 2009, is an autonomous term of EU law and is to be interpreted uniformly throughout the European Union.

    (2) A national arrest warrant, issued by a police authority and subsequently confirmed by the Public Prosecutor’s Office in the circumstances of this case, may be classified as a ‘judicial decision’, within the meaning of Article 8(1)(c) of the aforementioned Framework Decision, in order to serve as a basis for a subsequent European arrest warrant.