Generalbundesanwalt beim Bundesgerichtshof (Principe de specialite) (Judgment) French Text [2020] EUECJ C-195/20PPU (24 September 2020)

Generalbundesanwalt beim Bundesgerichtshof (Principe de specialite) (Judgment) French Text [2020] EUECJ C-195/20PPU (24 September 2020)

Once a person surrendered under a European Arrest Warrant voluntarily leaves the territory of the issuing Member State and is subsequently surrendered again under a new warrant by another Member State, the rule of speciality from the first surrender does not apply. Prosecution for other offences is lawful if the executing authority of the second surrender consents, and no additional consent from the first executing authority is required.

Citation
[2020] EUECJ C-195/20PPU
Parties
Accused: XC; Prosecutor: Generalbundesanwalt beim Bundesgerichtshof; Intervener: Government of Germany; Intervener: Ireland; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
24 September 2020
Procedural Posture
Preliminary Reference / Judgment
Outcome
question answered; rule of speciality does not bar prosecution under these circumstances
Legal Topics
European Arrest Warrant, Principle of Speciality, Mutual Recognition, Extradition, Judicial Cooperation
Criminal Law EU Law European Arrest Warrant Principle of Speciality Mutual Recognition Extradition Judicial Cooperation

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Parties

XC

Accused

Generalbundesanwalt beim Bundesgerichtshof

Prosecutor

Government of Germany

Intervener

Ireland

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Judgment

Legal Issues

  1. 1 Interpretation of Article 27(2) and (3) of Decision-Framework 2002/584/JAI regarding the principle of speciality in the context of multiple European Arrest Warrants

Ratio Decidendi

Once a person surrendered under a European Arrest Warrant voluntarily leaves the territory of the issuing Member State and is subsequently surrendered again under a new warrant by another Member State, the rule of speciality from the first surrender does not apply. Prosecution for other offences is lawful if the executing authority of the second surrender consents, and no additional consent from the first executing authority is required.

Court Disposition

question answered; rule of speciality does not bar prosecution under these circumstances

Orders

  • It is for the referring court to decide on costs; parties' own costs are not reimbursed.