Alchaster (Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other - Surrender of a person to the United Kingdom for criminal prosecution - Judgment) [2024] EUECJ C-202/24 (29 July 2024)

Alchaster (Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other - Surrender of a person to the United Kingdom for criminal prosecution - Judgment) [2024] EUECJ C-202/24 (29 July 2024)

The executing judicial authority must independently examine whether there is a real risk that surrender would result in a breach of Article 49(1) of the Charter, specifically whether a retroactive change in the law would impose a heavier penalty than that applicable at the time of the offence. This assessment must be based on objective, reliable, specific, and updated information, and the authority must request additional information and guarantees from the issuing state if necessary. Surrender must be refused only if there is a real risk of a heavier penalty being imposed due to retroactive changes.

Citation
[2024] EUECJ C-202/24
Parties
Requested Person: MA; Executing Judicial Authority: High Court (Ireland); Referring Court: Supreme Court (Ireland); Issuing State: United Kingdom of Great Britain and Northern Ireland
Jurisdiction
European Union
Judgment Date
29 July 2024
Procedural Posture
Preliminary Ruling / Reference From Supreme Court of Ireland to Court of Justice of the European Union
Outcome
Preliminary ruling issued; guidance provided to referring court.
Legal Topics
European Arrest Warrant, Surrender Procedures, Fundamental Rights, Principle of Legality of Criminal Penalties, Retroactive Criminal Penalties, Mutual Recognition, Mutual Trust, Extradition to Third Countries
European Union Law Criminal Law Human Rights Law Extradition Law European Arrest Warrant Surrender Procedures Fundamental Rights Principle of Legality of Criminal Penalties +4 more

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Parties

MA

Requested Person

High Court (Ireland)

Executing Judicial Authority

Supreme Court (Ireland)

Referring Court

United Kingdom of Great Britain and Northern Ireland

Issuing State

Procedural Posture

Preliminary Ruling / Reference From Supreme Court of Ireland to Court of Justice of the European Union

Legal Issues

  1. 1 Whether the executing judicial authority must independently assess the risk of breach of Article 49(1) of the Charter in the context of surrender under the TCA, where the United Kingdom is the issuing state and has changed the regime for release on licence after the alleged offence.
  2. 2 Whether the guarantees provided by the United Kingdom and the possibility of recourse to the European Court of Human Rights suffice to rule out the risk of a breach of Article 49(1) of the Charter.
  3. 3 What is the nature and scope of the inquiry required by the executing judicial authority under Article 49(1) of the Charter and the TCA.

Ratio Decidendi

The executing judicial authority must independently examine whether there is a real risk that surrender would result in a breach of Article 49(1) of the Charter, specifically whether a retroactive change in the law would impose a heavier penalty than that applicable at the time of the offence. This assessment must be based on objective, reliable, specific, and updated information, and the authority must request additional information and guarantees from the issuing state if necessary. Surrender must be refused only if there is a real risk of a heavier penalty being imposed due to retroactive changes.

Court Disposition

Preliminary ruling issued; guidance provided to referring court.

Orders

  • Article 524(2) and Article 604(c) TCA, read with Article 49(1) Charter, require the executing judicial authority to independently examine the risk of a breach of Article 49(1) before executing a TCA arrest warrant, even if the risk of breach of Article 7 ECHR has been ruled out.
  • Surrender must be refused only if, after requesting additional information and guarantees, there is objective, reliable, specific and updated information establishing a real risk of a heavier penalty being imposed due to retroactive changes.