Aranyosi (Judgment) [2016] EUECJ C-404/15 (05 April 2016)

Aranyosi (Judgment) [2016] EUECJ C-404/15 (05 April 2016)

Where there is objective, reliable, specific, and properly updated evidence of deficiencies in detention conditions in the issuing Member State, the executing judicial authority must determine whether there are substantial grounds to believe that the individual will be exposed to a real risk of inhuman or degrading treatment if surrendered. The authority must request supplementary information from the issuing authority and postpone its decision until it can discount such a risk. If the risk cannot be discounted within a reasonable time, the authority must decide whether to end the surrender procedure.

Citation
[2016] EUECJ C-404/15
Parties
Requested Person: Mr Aranyosi; Requested Person: Mr Căldăraru; Referring Court: Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court of Bremen); Issuing Judicial Authority (aranyosi): Miskolci járásbíróság (District Court of Miskolc, Hungary); Issuing Judicial Authority (căldăraru): Judecătoria Făgăraş (Court of First Instance of Făgăraş, Romania)
Jurisdiction
European Union
Judgment Date
05 April 2016
Procedural Posture
Preliminary Ruling (joined Cases C 404/15 and C 659/15 Ppu) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Preliminary ruling issued; guidance provided to referring court.
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition, Fundamental Rights, Detention Conditions, Prohibition of Inhuman or Degrading Treatment
European Union Law Criminal Law Human Rights European Arrest Warrant Extradition Mutual Recognition Fundamental Rights Detention Conditions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mr Aranyosi

Requested Person

Mr Căldăraru

Requested Person

Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court of Bremen)

Referring Court

Miskolci járásbíróság (District Court of Miskolc, Hungary)

Issuing Judicial Authority (aranyosi)

Judecătoria Făgăraş (Court of First Instance of Făgăraş, Romania)

Issuing Judicial Authority (căldăraru)

Procedural Posture

Preliminary Ruling (joined Cases C 404/15 and C 659/15 Ppu) / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether Article 1(3), Article 5, and Article 6(1) of Framework Decision 2002/584/JHA require or permit refusal or postponement of execution of a European arrest warrant where there is evidence of a real risk of inhuman or degrading treatment due to detention conditions in the issuing Member State.
  2. 2 Whether the executing judicial authority must seek assurances or supplementary information from the issuing Member State regarding detention conditions.

Ratio Decidendi

Where there is objective, reliable, specific, and properly updated evidence of deficiencies in detention conditions in the issuing Member State, the executing judicial authority must determine whether there are substantial grounds to believe that the individual will be exposed to a real risk of inhuman or degrading treatment if surrendered. The authority must request supplementary information from the issuing authority and postpone its decision until it can discount such a risk. If the risk cannot be discounted within a reasonable time, the authority must decide whether to end the surrender procedure.

Court Disposition

Preliminary ruling issued; guidance provided to referring court.

Orders

  • Article 1(3), Article 5, and Article 6(1) of Framework Decision 2002/584/JHA must be interpreted as requiring the executing judicial authority, where there is evidence of deficiencies in detention conditions, to determine whether there are substantial grounds to believe the individual will be exposed to a real risk...