Generalstaatsanwaltschaft Hamburg (Judgment) French Text [2020] EUECJ C-416/20PPU (17 December 2020)

Generalstaatsanwaltschaft Hamburg (Judgment) French Text [2020] EUECJ C-416/20PPU (17 December 2020)

The executing judicial authority cannot refuse execution of a European Arrest Warrant for a person convicted in absentia who fled to the executing state, solely on the ground that there is no guarantee of a new trial in the issuing state under Directive 2016/343/EU, if the conditions of Article 4a of Framework Decision 2002/584/JAI are met. The grounds for refusal are exhaustively listed in the Framework Decision, and the Directive does not create additional grounds for non-execution.

Citation
[2020] EUECJ C-416/20PPU
Parties
Subject of Extradition / Applicant: TR; Respondent / Requesting Authority: Generalstaatsanwaltschaft Hamburg; Intervener: Government of Germany; Intervener: Government of Romania; Intervener: Government of Poland; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
17 December 2020
Procedural Posture
Preliminary Reference (urgent Procedure) / Judgment on Reference From Hanseatisches Oberlandesgericht Hamburg
Outcome
Reference answered; executing authority cannot refuse surrender solely for lack of retrial guarantee under Directive 2016/343/EU if Framework Decision 2002/584/JAI Article 4a conditions are met.
Legal Topics
European Arrest Warrant, Mutual Recognition of Judicial Decisions, Trials in Absentia, Right to a Fair Trial, Right to Be Present at Trial, Directive 2016/343/eu, Decision Framework 2002/584/jai
European Union Law Criminal Law Extradition Law European Arrest Warrant Mutual Recognition of Judicial Decisions Trials in Absentia Right to a Fair Trial Right to Be Present at Trial +2 more

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Parties

TR

Subject of Extradition / Applicant

Generalstaatsanwaltschaft Hamburg

Respondent / Requesting Authority

Government of Germany

Intervener

Government of Romania

Intervener

Government of Poland

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference (urgent Procedure) / Judgment on Reference From Hanseatisches Oberlandesgericht Hamburg

Legal Issues

  1. 1 Whether the executing judicial authority can refuse execution of a European Arrest Warrant for a person convicted in absentia who fled to the executing state, solely because there is no guarantee of a new trial in the issuing state under Directive 2016/343/EU.

Ratio Decidendi

The executing judicial authority cannot refuse execution of a European Arrest Warrant for a person convicted in absentia who fled to the executing state, solely on the ground that there is no guarantee of a new trial in the issuing state under Directive 2016/343/EU, if the conditions of Article 4a of Framework Decision 2002/584/JAI are met. The grounds for refusal are exhaustively listed in the Framework Decision, and the Directive does not create additional grounds for non-execution.

Court Disposition

Reference answered; executing authority cannot refuse surrender solely for lack of retrial guarantee under Directive 2016/343/EU if Framework Decision 2002/584/JAI Article 4a conditions are met.

Orders

  • Article 4a of Framework Decision 2002/584/JAI, as amended, must be interpreted as precluding refusal of execution of a European Arrest Warrant in these circumstances.
  • Costs to be determined by the referring court.