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CJEU Case C-717/18 / Opinion

Procureur-generaal v X

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:

Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(2) — Execution of a European arrest warrant — Removal of verification of the double criminality of the act — Conditions — Offence punishable by the issuing Member State by a custodial sentence for a maximum period of at least three years — Amendment of the criminal legislation of the issuing Member State between the date of the acts and the date of issue of the European arrest warrant — Version of the law to be taken into account in verifying the maximum sentence threshold of at least three years.

Outcome of the case:

On the basis of the foregoing considerations, I propose that the Court answer the question referred by the Hof van Beroep te Gent (Court of Appeal of Ghent, Belgium) as follows:

  • Article 2(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States shall be interpreted as referring, for the purposes of assessing the threshold maximum period of at least 3 years imposed therein, to the criminal legislation that is applicable in the issuing Member State to the specific criminal offence(s) to which the EAW relates.