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CJEU Case C-367/16 / Opinion

Dawid Piotrowski

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
06/09/2017

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 — Surrender procedures between Member States — Grounds for mandatory non-execution — Article 3(3) — Minors — Requirement to verify the minimum age at which a minor may be regarded as criminally responsible or assessment, in each individual case, of the additional conditions laid down by the law of the executing Member State in order specifically to prosecute or convict a minor.

Outcome of the case:

In view of all the foregoing, I propose that the questions referred for a preliminary ruling by the Hof van beroep te Brussel (Court of Appeal of Brussels, Belgium) be answered as follows:

  1. Article 3(3) 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 Article 24(2) of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that:
    • the ground for mandatory non-execution of the warrant contained in that provision does not apply simply because the perpetrator of the offence in respect of which the warrant was issued is a minor;
    • the executing Member State may refuse to surrender a minor where, owing to his age at the time of commission of the offence, no penalty can be imposed on him under the law of that State;
    • on the other hand, the executing Member State must surrender the minor whenever, having regard to his age at the time of commission of the offence, the penalty which could be imposed in the issuing Member State corresponds, in nature and severity, to one which could equally have been imposed in the executing Member State.
  2. Where the executing Member State refuses to surrender the minor, it must meet, in relation to that minor, its duty of care with respect to him within the framework of the educational support it is required to provide.