X (Mandat d'arret europeen - Double incrimination) (European arrest warrant : Judgment) [2020] EUECJ C-717/18 (03 March 2020)

X (Mandat d'arret europeen - Double incrimination) (European arrest warrant : Judgment) [2020] EUECJ C-717/18 (03 March 2020)

For the purposes of Article 2(2) of Framework Decision 2002/584/JHA, the executing judicial authority must take into account the law of the issuing Member State in the version applicable to the facts giving rise to the case in which the European arrest warrant was issued, not the law in force at the time of the warrant's issuance.

Citation
[2020] EUECJ C-717/18
Parties
Requested Person: X; Issuing Judicial Authority: Audiencia Nacional (National High Court, Spain); Executing Judicial Authority (first Instance): Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent (Court of First Instance, East Flanders, Ghent Division, Belgium); Referring Court: Hof van beroep te Gent (Court of Appeal, Ghent, Belgium); Public Prosecutor: Procureur-generaal (public prosecutor, Belgium)
Jurisdiction
European Union
Judgment Date
03 March 2020
Procedural Posture
Preliminary Ruling (cjeu) / Final Judgment on Reference
Outcome
Preliminary ruling issued; Article 2(2) of Framework Decision 2002/584/JHA interpreted as requiring reference to the law applicable at the time of the offence.
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition, Double Criminality, Interpretation of EU Law
Criminal Law European Union Law European Arrest Warrant Extradition Mutual Recognition Double Criminality Interpretation of EU Law

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Parties

X

Requested Person

Audiencia Nacional (National High Court, Spain)

Issuing Judicial Authority

Rechtbank van eerste aanleg Oost-Vlaanderen, afdeling Gent (Court of First Instance, East Flanders, Ghent Division, Belgium)

Executing Judicial Authority (first Instance)

Hof van beroep te Gent (Court of Appeal, Ghent, Belgium)

Referring Court

Procureur-generaal (public prosecutor, Belgium)

Public Prosecutor

Procedural Posture

Preliminary Ruling (cjeu) / Final Judgment on Reference

Legal Issues

  1. 1 Which version of the issuing Member State's law determines the penalty threshold for surrender under Article 2(2) of Framework Decision 2002/584/JHA when the law has changed between the date of the offence and the date of the European arrest warrant?

Ratio Decidendi

For the purposes of Article 2(2) of Framework Decision 2002/584/JHA, the executing judicial authority must take into account the law of the issuing Member State in the version applicable to the facts giving rise to the case in which the European arrest warrant was issued, not the law in force at the time of the warrant's issuance.

Court Disposition

Preliminary ruling issued; Article 2(2) of Framework Decision 2002/584/JHA interpreted as requiring reference to the law applicable at the time of the offence.

Orders

  • Article 2(2) of Council Framework Decision 2002/584/JHA must be interpreted as meaning that, to ascertain whether the offence for which a European arrest warrant has been issued is punishable by a custodial sentence or detention order for a maximum period of at least three years, the executing judicial authority...