Zdziaszek (area of freedom, security and justice : judicial cooperation in criminal matters : Opinion) [2017] EUECJ C-271/17 (26 July 2017)

Zdziaszek (area of freedom, security and justice : judicial cooperation in criminal matters : Opinion) [2017] EUECJ C-271/17 (26 July 2017)

The concept of 'trial resulting in the decision' in Article 4a(1) of Framework Decision 2002/584 must be interpreted as referring to both appeal proceedings that finally determine guilt after a fresh examination of the merits and to subsequent proceedings that finally determine the sentence where the authority has discretion. The executing judicial authority may refuse to execute a European arrest warrant if neither the warrant nor supplementary information establishes that one of the situations in Article 4a(1)(a)-(d) applies.

Citation
[2017] EUECJ C-271/17
Parties
Requested Person: Mr Sławomir Andrzej Zdziaszek; Issuing Judicial Authority: Sąd Okręgowy w Gdańsku (Regional Court, Gdańsk, Poland); Executing Judicial Authority: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)
Jurisdiction
European Union
Judgment Date
26 July 2017
Procedural Posture
Preliminary Ruling (cjeu) / Reference for Preliminary Ruling Under Urgent Procedure
Outcome
Preliminary ruling issued; interpretation provided
Legal Topics
European Arrest Warrant, In Absentia Trials, Right to a Fair Trial, Mutual Recognition of Judicial Decisions, Procedural Rights of the Defence
European Union Law Criminal Law Extradition Law Human Rights Law European Arrest Warrant In Absentia Trials Right to a Fair Trial Mutual Recognition of Judicial Decisions +1 more

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Parties

Mr Sławomir Andrzej Zdziaszek

Requested Person

Sąd Okręgowy w Gdańsku (Regional Court, Gdańsk, Poland)

Issuing Judicial Authority

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority

Procedural Posture

Preliminary Ruling (cjeu) / Reference for Preliminary Ruling Under Urgent Procedure

Legal Issues

  1. 1 Interpretation of 'trial resulting in the decision' under Article 4a(1) of Framework Decision 2002/584/JHA
  2. 2 Whether appeal or sentence-amending proceedings fall within Article 4a(1)
  3. 3 Whether lack of information in the EAW form justifies refusal to execute the warrant

Ratio Decidendi

The concept of 'trial resulting in the decision' in Article 4a(1) of Framework Decision 2002/584 must be interpreted as referring to both appeal proceedings that finally determine guilt after a fresh examination of the merits and to subsequent proceedings that finally determine the sentence where the authority has discretion. The executing judicial authority may refuse to execute a European arrest warrant if neither the warrant nor supplementary information establishes that one of the situations in Article 4a(1)(a)-(d) applies.

Court Disposition

Preliminary ruling issued; interpretation provided

Orders

  • The concept of 'trial resulting in the decision' in Article 4a(1) covers both appeal proceedings that finally determine guilt and subsequent discretionary sentence-amending proceedings.
  • The executing judicial authority may refuse execution if the EAW and supplementary information do not establish that one of the Article 4a(1)(a)-(d) situations applies.