JR (Mandat d'arrêt - Condamnation dans un Etat tiers, membre de l'EEE) (Police and judicial cooperation in criminal matters - Concept of 'enforceable judgment' - Judgment) [2021] EUECJ C-488/19 (17 March 2021)

JR (Mandat d'arrêt - Condamnation dans un Etat tiers, membre de l'EEE) (Police and judicial cooperation in criminal matters - Concept of 'enforceable judgment' - Judgment) [2021] EUECJ C-488/19 (17 March 2021)

Framework Decision 2002/584 allows a Member State to issue a European arrest warrant based on a custodial sentence imposed by a third state if the sentence is recognised by a judicial decision of the Member State and fundamental rights are respected. The assessment of whether an offence was committed 'outside the territory of the issuing Member State' under Article 4(7)(b) must be based on the criminal jurisdiction of the third state, not on preparatory acts in the issuing Member State.

Citation
[2021] EUECJ C-488/19
Parties
Requested Person: JR; Referring Court: High Court (Ireland); Issuing State: Republic of Lithuania; Third State (sentencing): Kingdom of Norway
Jurisdiction
European Union
Judgment Date
17 March 2021
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Questions answered; interpretation provided
Legal Topics
European Arrest Warrant, Extradition, Mutual Recognition of Judgments, Fundamental Rights, Double Criminality, Territorial Jurisdiction
European Union Law Criminal Law Judicial Cooperation European Arrest Warrant Extradition Mutual Recognition of Judgments Fundamental Rights Double Criminality +1 more

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Parties

JR

Requested Person

High Court (Ireland)

Referring Court

Republic of Lithuania

Issuing State

Kingdom of Norway

Third State (sentencing)

Procedural Posture

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

Legal Issues

  1. 1 Applicability of Framework Decision 2002/584 to sentences imposed by third states but recognised by a Member State
  2. 2 Interpretation of Article 4(1) and 4(7)(b) of Framework Decision 2002/584 regarding grounds for non-execution of a European arrest warrant

Ratio Decidendi

Framework Decision 2002/584 allows a Member State to issue a European arrest warrant based on a custodial sentence imposed by a third state if the sentence is recognised by a judicial decision of the Member State and fundamental rights are respected. The assessment of whether an offence was committed 'outside the territory of the issuing Member State' under Article 4(7)(b) must be based on the criminal jurisdiction of the third state, not on preparatory acts in the issuing Member State.

Court Disposition

Questions answered; interpretation provided

Orders

  • A European arrest warrant may be issued by a Member State for execution of a sentence imposed by a third state if recognised by a judicial decision of the Member State and fundamental rights are respected.
  • For Article 4(7)(b), whether the offence was committed outside the territory of the issuing Member State is determined by the criminal jurisdiction of the third state, not by preparatory acts in the issuing Member State.