Kovalkovas (Judgment) [2016] EUECJ C-477/16 (10 November 2016)

Kovalkovas (Judgment) [2016] EUECJ C-477/16 (10 November 2016)

The term 'judicial authority' in Article 6(1) of Framework Decision 2002/584/JHA is an autonomous concept of EU law and precludes an organ of the executive, such as the Lithuanian Ministry of Justice, from being designated as an 'issuing judicial authority'. A European arrest warrant issued by such an executive organ cannot be regarded as a 'judicial decision' under Article 1(1).

Citation
[2016] EUECJ C-477/16
Parties
Requested Person: Ruslanas Kovalkovas; Issuing Authority: Ministry of Justice of the Republic of Lithuania; Executing Judicial Authority: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)
Jurisdiction
European Union
Judgment Date
10 November 2016
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
Preliminary ruling granted; executive organs cannot be 'issuing judicial authorities' under EU law.
Legal Topics
European Arrest Warrant, Mutual Recognition, Judicial Authority, Extradition, Surrender Procedures
Criminal Law EU Law European Arrest Warrant Mutual Recognition Judicial Authority Extradition Surrender Procedures

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 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ruslanas Kovalkovas

Requested Person

Ministry of Justice of the Republic of Lithuania

Issuing Authority

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority

Procedural Posture

Preliminary Ruling / Final Judgment

Legal Issues

  1. 1 Whether 'judicial authority' in Article 6(1) of Framework Decision 2002/584/JHA is an autonomous concept of EU law
  2. 2 Whether a ministry of justice can be designated as an 'issuing judicial authority' under Article 6(1)
  3. 3 Whether a European arrest warrant issued by a ministry constitutes a 'judicial decision' under Article 1(1)

Ratio Decidendi

The term 'judicial authority' in Article 6(1) of Framework Decision 2002/584/JHA is an autonomous concept of EU law and precludes an organ of the executive, such as the Lithuanian Ministry of Justice, from being designated as an 'issuing judicial authority'. A European arrest warrant issued by such an executive organ cannot be regarded as a 'judicial decision' under Article 1(1).

Court Disposition

Preliminary ruling granted; executive organs cannot be 'issuing judicial authorities' under EU law.

Orders

  • The term 'judicial authority' in Article 6(1) is an autonomous concept of EU law.
  • Ministries of justice cannot issue European arrest warrants as 'judicial authorities'.