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CJEU Case C-241/15 / Opinion

Niculaie Aurel Bob-Dogi

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
02/03/2016

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 — Article 8(1)(c) — No prior national arrest warrant that is separate from the European arrest warrant — Effect

Outcome of the case:

In light of the foregoing considerations, I propose the following reply to the questions referred by the Curtea de Apel Cluj (Appeal Court, Cluj):

Article 8 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, read in the light of the principle of legality and the principle of proportionality, must be interpreted as meaning that:

  • a European arrest warrant may be issued only for the execution of a separate national arrest warrant, or other enforceable judicial decision having the same effect, which orders the arrest of the prosecuted person and was adopted in accordance with the rules of criminal procedure of the issuing Member State; 
  • if that is not the case, the executing judicial authority must refuse to execute the act as a European arrest warrant.