TC (area of freedom, security and justice - European arrest warrant - Judgment) [2019] EUECJ C-492/18PPU (12 February 2019)

TC (area of freedom, security and justice - European arrest warrant - Judgment) [2019] EUECJ C-492/18PPU (12 February 2019)

Framework Decision 2002/584 precludes a national provision requiring unconditional release after 90 days where there is a serious risk of absconding that cannot be mitigated. Article 6 of the Charter precludes national case-law allowing continued detention beyond 90 days based on suspension of the decision period if such case-law does not ensure conformity with Framework Decision 2002/584 and results in unpredictable detention periods.

Citation
[2019] EUECJ C-492/18PPU
Parties
Requested Person: TC; Prosecutor: Openbaar Ministerie (Public Prosecutor’s Office, Netherlands); Issuing Authority: United Kingdom authorities
Jurisdiction
European Union
Judgment Date
12 February 2019
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Reference answered; national law precluded as described; costs to national court.
Legal Topics
European Arrest Warrant, Detention Pending Surrender, Right to Liberty, Legal Certainty, Mutual Recognition, Preliminary Ruling Procedure
EU Law Criminal Law Human Rights Law European Arrest Warrant Detention Pending Surrender Right to Liberty Legal Certainty Mutual Recognition +1 more

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Parties

TC

Requested Person

Openbaar Ministerie (Public Prosecutor’s Office, Netherlands)

Prosecutor

United Kingdom authorities

Issuing Authority

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Framework Decision 2002/584 precludes a national law requiring unconditional release after 90 days despite flight risk
  2. 2 Whether Article 6 of the Charter precludes national case-law allowing continued detention beyond 90 days based on suspension of the decision period

Ratio Decidendi

Framework Decision 2002/584 precludes a national provision requiring unconditional release after 90 days where there is a serious risk of absconding that cannot be mitigated. Article 6 of the Charter precludes national case-law allowing continued detention beyond 90 days based on suspension of the decision period if such case-law does not ensure conformity with Framework Decision 2002/584 and results in unpredictable detention periods.

Court Disposition

Reference answered; national law precluded as described; costs to national court.

Orders

  • Framework Decision 2002/584 precludes national law requiring unconditional release after 90 days despite serious flight risk.
  • Article 6 of the Charter precludes national case-law allowing continued detention beyond 90 days based on suspension of the decision period if not in conformity with Framework Decision 2002/584 and if it results in unpredictable detention periods.