Dorobantu (Police and judicial cooperation in criminal matters - European arrest warrant - Judgment) [2019] EUECJ C-128/18 (15 October 2019)

Dorobantu (Police and judicial cooperation in criminal matters - European arrest warrant - Judgment) [2019] EUECJ C-128/18 (15 October 2019)

When the executing judicial authority has objective, reliable, specific, and properly updated information showing systemic or generalised deficiencies in detention conditions in the issuing Member State, it must assess all relevant physical aspects of the actual detention conditions, including personal space, sanitary conditions, and freedom of movement. The assessment is not limited to manifest inadequacies. The authority must request necessary information from the issuing authority and rely on its assurances unless there are specific indications of a breach. The minimum personal space per detainee in multi-occupancy cells is 3 m², excluding sanitary facilities but including furniture,...

Citation
[2019] EUECJ C-128/18
Parties
Subject of European Arrest Warrant: Mr Dumitru-Tudor Dorobantu; Issuing Judicial Authority: Judecătoria Medgidia (Court of First Instance, Medgidia, Romania); Executing Judicial Authority: Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court, Hamburg, Germany); Prosecutor: Generalstaatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany)
Jurisdiction
European Union
Judgment Date
15 October 2019
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment on Reference From National Court
Outcome
Questions answered; interpretation of EU law provided for national court's application.
Legal Topics
European Arrest Warrant, Extradition, Detention Conditions, Prohibition of Inhuman or Degrading Treatment, Mutual Recognition, Fundamental Rights
European Union Law Criminal Law Human Rights Law European Arrest Warrant Extradition Detention Conditions Prohibition of Inhuman or Degrading Treatment Mutual Recognition +1 more

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Parties

Mr Dumitru-Tudor Dorobantu

Subject of European Arrest Warrant

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

Issuing Judicial Authority

Hanseatisches Oberlandesgericht Hamburg (Higher Regional Court, Hamburg, Germany)

Executing Judicial Authority

Generalstaatsanwaltschaft Hamburg (Public Prosecutor’s Office, Hamburg, Germany)

Prosecutor

Procedural Posture

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

Legal Issues

  1. 1 What are the minimum standards for custodial conditions required under Article 4 of the Charter in the context of executing a European arrest warrant?
  2. 2 Does EU law require an absolute minimum cell size for detainees?
  3. 3 How should personal space and other detention conditions be assessed for compliance with Article 4 of the Charter?

Ratio Decidendi

When the executing judicial authority has objective, reliable, specific, and properly updated information showing systemic or generalised deficiencies in detention conditions in the issuing Member State, it must assess all relevant physical aspects of the actual detention conditions, including personal space, sanitary conditions, and freedom of movement. The assessment is not limited to manifest inadequacies. The authority must request necessary information from the issuing authority and rely on its assurances unless there are specific indications of a breach. The minimum personal space per detainee in multi-occupancy cells is 3 m², excluding sanitary facilities but including furniture,...

Court Disposition

Questions answered; interpretation of EU law provided for national court's application.

Orders

  • Article 1(3) of Framework Decision 2002/584, read with Article 4 of the Charter, requires executing judicial authorities to assess all relevant physical aspects of detention conditions in the actual prison intended for the person, including personal space, sanitary conditions, and freedom of movement.
  • Minimum personal space in multi-occupancy cells is 3 m² per detainee, excluding sanitary facilities but including furniture, with normal movement required.