SF (European arrest warrant) (Judgment) [2020] EUECJ C-314/18 (11 March 2020)

SF (European arrest warrant) (Judgment) [2020] EUECJ C-314/18 (11 March 2020)

The issuing Member State must return the surrendered person as soon as the sentencing decision has become final, unless concrete grounds relating to the rights of defence or proper administration of justice require the person's presence for further procedural steps; adaptation of the sentence by the executing Member State is only permitted within the strict conditions of Article 8(2) of Framework Decision 2008/909.

Citation
[2020] EUECJ C-314/18
Parties
Requested Person: SF; Issuing Judicial Authority: Crown Court in Canterbury (United Kingdom); Executing Judicial Authority: Rechtbank Amsterdam (District Court, Amsterdam, Netherlands); Intervener: Netherlands Government
Jurisdiction
European Union
Judgment Date
11 March 2020
Procedural Posture
Preliminary Ruling / Judgment
Outcome
request for preliminary ruling admissible; interpretation provided
Legal Topics
European Arrest Warrant, Mutual Recognition, Extradition, Enforcement of Custodial Sentences, Adaptation of Sentences
Criminal Law EU Law European Arrest Warrant Mutual Recognition Extradition Enforcement of Custodial Sentences Adaptation of Sentences

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Parties

SF

Requested Person

Crown Court in Canterbury (United Kingdom)

Issuing Judicial Authority

Rechtbank Amsterdam (District Court, Amsterdam, Netherlands)

Executing Judicial Authority

Netherlands Government

Intervener

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Timing of return of surrendered person under Article 5(3) of Framework Decision 2002/584
  2. 2 Adaptation of custodial sentence by executing Member State under Article 25 and Article 8(2) of Framework Decision 2008/909

Ratio Decidendi

The issuing Member State must return the surrendered person as soon as the sentencing decision has become final, unless concrete grounds relating to the rights of defence or proper administration of justice require the person's presence for further procedural steps; adaptation of the sentence by the executing Member State is only permitted within the strict conditions of Article 8(2) of Framework Decision 2008/909.

Court Disposition

request for preliminary ruling admissible; interpretation provided

Orders

  • Issuing Member State must return person as soon as sentencing decision is final unless concrete grounds require presence for further proceedings.
  • Executing Member State may adapt sentence only within strict conditions of Article 8(2) of Framework Decision 2008/909.