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CJEU Case C-327/18 PPU / Opinion

Minister for Justice and Equality v RO

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
07/08/2018

Key facts of the case:

Reference for a preliminary ruling — Article 50 TEU — Withdrawal from the European Union — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court answer the questions referred by the High Court (Ireland) as follows:

In a situation in which a Member State has, (1) in accordance with Article 50(2) TEU, notified the European Council of its intention to withdraw from the European Union and (2) in accordance with the relevant provisions of the 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, issued a European arrest warrant (EAW) with a view to surrender by another Member State of a requested person, the legal assessment to be carried out by the judicial authorities of that other Member State when executing the EAW is not altered by virtue of the abovementioned withdrawal notification.