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CJEU Case C-551/18 PPU / Opinion

IK

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
08/11/2018

Key facts of the case:

Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention.

Outcome of the case:

On those grounds, I propose that the Court answer the questions referred by the Hof van Cassatie (Court of Cassation, Belgium) as follows:

  1. An additional penalty, such as that at issue in the present case, must be mentioned in point 2 of box (c) of the European arrest warrant, in accordance with Article 8(1)(f) of Framework Decision 2002/584/JHA 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.
  2. Failure to mention an additional penalty (such as that at issue in the present case) in the European arrest warrant on the basis of which the person concerned was surrendered cannot prevent the execution of that penalty where it was imposed in accordance with the relevant national provisions.