Joao Pedro Lopes Da Silva Jorge [2012] EUECJ C-42/11 (05 September 2012)

Joao Pedro Lopes Da Silva Jorge [2012] EUECJ C-42/11 (05 September 2012)

A Member State that transposes Article 4(6) of Framework Decision 2002/584 into its domestic law cannot automatically and absolutely exclude from its scope the nationals of other Member States who are staying or resident in its territory, irrespective of their connections with it, as such exclusion constitutes discrimination on grounds of nationality contrary to Article 18 TFEU. The national court must interpret domestic law, as far as possible, in conformity with the wording and purpose of the framework decision to ensure its full effectiveness and to achieve an outcome consistent with its objectives.

Citation
[2012] EUECJ C-42/11
Parties
Requested Person: Mr Lopes Da Silva Jorge; Prosecutor: Public Prosecutor attached to the cour d’appel d’Amiens
Jurisdiction
European Union
Judgment Date
05 September 2012
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling: Article 4(6) of Framework Decision 2002/584 and Article 18 TFEU preclude national legislation that automatically and absolutely excludes nationals of other Member States staying or resident in the executing Member State from the optional ground for non-execution of a European arrest warrant.
Legal Topics
European Arrest Warrant, Mutual Recognition of Judicial Decisions, Non Discrimination on Grounds of Nationality, Extradition and Surrender Procedures, Enforcement of Custodial Sentences
European Union Law Criminal Law Human Rights Law European Arrest Warrant Mutual Recognition of Judicial Decisions Non Discrimination on Grounds of Nationality Extradition and Surrender Procedures Enforcement of Custodial Sentences

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Parties

Mr Lopes Da Silva Jorge

Requested Person

Public Prosecutor attached to the cour d’appel d’Amiens

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether Article 4(6) of Framework Decision 2002/584 and Article 18 TFEU preclude national legislation that limits the optional ground for non-execution of a European arrest warrant to nationals of the executing Member State only, excluding residents or stayers who are nationals of other Member States.

Ratio Decidendi

A Member State that transposes Article 4(6) of Framework Decision 2002/584 into its domestic law cannot automatically and absolutely exclude from its scope the nationals of other Member States who are staying or resident in its territory, irrespective of their connections with it, as such exclusion constitutes discrimination on grounds of nationality contrary to Article 18 TFEU. The national court must interpret domestic law, as far as possible, in conformity with the wording and purpose of the framework decision to ensure its full effectiveness and to achieve an outcome consistent with its objectives.

Court Disposition

Preliminary ruling: Article 4(6) of Framework Decision 2002/584 and Article 18 TFEU preclude national legislation that automatically and absolutely excludes nationals of other Member States staying or resident in the executing Member State from the optional ground for non-execution of a European arrest warrant.

Orders

  • National courts must interpret domestic law, as far as possible, in conformity with Framework Decision 2002/584 to ensure its effectiveness and compliance with EU law.
  • Decision on costs is a matter for the referring national court.