Bob-Dogi (Judgment) [2016] EUECJ C-241/15 (01 June 2016)

Bob-Dogi (Judgment) [2016] EUECJ C-241/15 (01 June 2016)

Article 8(1)(c) of Framework Decision 2002/584/JHA requires that a European arrest warrant be based on a national arrest warrant that is distinct from the European arrest warrant. If the European arrest warrant does not refer to a separate national arrest warrant and is not based on one, the executing judicial authority must refuse to give effect to it, as it does not satisfy the requirements of lawfulness under Article 8(1).

Citation
[2016] EUECJ C-241/15
Parties
Requested Person: Mr Niculaie Aurel Bob-Dogi; Issuing Judicial Authority: Mátészalkai járásbíróság (District Court, Mátészalka, Hungary); Executing Judicial Authority: Curtea de Apel Cluj (Appeal Court, Cluj, Romania)
Jurisdiction
European Union
Judgment Date
01 June 2016
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Union
Outcome
Reference for a preliminary ruling answered; interpretation of Article 8(1)(c) provided.
Legal Topics
European Arrest Warrant, Mutual Recognition, Extradition, Judicial Cooperation, Procedural Safeguards
Criminal Law European Union Law European Arrest Warrant Mutual Recognition Extradition Judicial Cooperation Procedural Safeguards

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mr Niculaie Aurel Bob-Dogi

Requested Person

Mátészalkai járásbíróság (District Court, Mátészalka, Hungary)

Issuing Judicial Authority

Curtea de Apel Cluj (Appeal Court, Cluj, Romania)

Executing Judicial Authority

Procedural Posture

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

Legal Issues

  1. 1 Whether Article 8(1)(c) of Framework Decision 2002/584/JHA requires a European arrest warrant to be based on a distinct national arrest warrant
  2. 2 Whether the absence of a national arrest warrant constitutes grounds for refusal to execute a European arrest warrant

Ratio Decidendi

Article 8(1)(c) of Framework Decision 2002/584/JHA requires that a European arrest warrant be based on a national arrest warrant that is distinct from the European arrest warrant. If the European arrest warrant does not refer to a separate national arrest warrant and is not based on one, the executing judicial authority must refuse to give effect to it, as it does not satisfy the requirements of lawfulness under Article 8(1).

Court Disposition

Reference for a preliminary ruling answered; interpretation of Article 8(1)(c) provided.

Orders

  • Article 8(1)(c) of Framework Decision 2002/584/JHA is interpreted as requiring a national arrest warrant distinct from the European arrest warrant.
  • Where a European arrest warrant is not based on a separate national arrest warrant, the executing judicial authority must refuse to give effect to it if, after seeking supplementary information, it concludes that no such national warrant exists.