IB (Police & judicial cooperation in criminal matters) [2010] EUECJ C-306/09 (21 October 2010)

IB (Police & judicial cooperation in criminal matters) [2010] EUECJ C-306/09 (21 October 2010)

Articles 4(6) and 5(3) of Framework Decision 2002/584/JHA must be interpreted as permitting the executing Member State, where it has implemented Articles 5(1) and 5(3) in its domestic law, to make execution of a European arrest warrant issued for a sentence imposed in absentia subject to the condition that the person concerned, a national or resident, be returned to the executing State to serve the sentence after a new trial in the issuing State.

Citation
[2010] EUECJ C-306/09
Parties
Requested Person: I. B.; Executing Judicial Authority: Tribunal de première instance de Nivelles; Issuing Judicial Authority: Tribunalul București
Jurisdiction
European Union
Judgment Date
06 July 2010
Procedural Posture
Reference for Preliminary Ruling / Judgment on Preliminary Questions
Outcome
Preliminary ruling issued
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition, In Absentia Judgments, Fundamental Rights, Non Discrimination
European Union Law Criminal Law European Arrest Warrant Extradition Mutual Recognition In Absentia Judgments Fundamental Rights Non Discrimination

Case Brief

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Parties

I. B.

Requested Person

Tribunal de première instance de Nivelles

Executing Judicial Authority

Tribunalul București

Issuing Judicial Authority

Procedural Posture

Reference for Preliminary Ruling / Judgment on Preliminary Questions

Legal Issues

  1. 1 Interpretation of Articles 3, 4(6), 5(1), and 5(3) of Framework Decision 2002/584/JHA
  2. 2 Validity of Articles 4(6) and 5(3) of Framework Decision 2002/584/JHA
  3. 3 Whether surrender may be subject to condition of return to executing State after retrial

Ratio Decidendi

Articles 4(6) and 5(3) of Framework Decision 2002/584/JHA must be interpreted as permitting the executing Member State, where it has implemented Articles 5(1) and 5(3) in its domestic law, to make execution of a European arrest warrant issued for a sentence imposed in absentia subject to the condition that the person concerned, a national or resident, be returned to the executing State to serve the sentence after a new trial in the issuing State.

Court Disposition

Preliminary ruling issued

Orders

  • Articles 4(6) and 5(3) of Framework Decision 2002/584/JHA permit execution of a European arrest warrant for a sentence imposed in absentia to be subject to the condition that the person be returned to the executing State to serve the sentence after retrial in the issuing State.