CJ (Decision de remise differee en raison de poursuites penales) (Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Determination of the competent judicial authorities - Judgment) French Text [2022] EUECJ C-492/22PPU (08 December 2022)

CJ (Decision de remise differee en raison de poursuites penales) (Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - European arrest warrant - Determination of the competent judicial authorities - Judgment) French Text [2022] EUECJ C-492/22PPU (08 December 2022)

A decision to defer surrender under a European arrest warrant for domestic prosecution must be made by the executing judicial authority, not by a prosecutor. If deferral is not judicially authorized and statutory time limits expire, the person must be released. Detention during deferred surrender is lawful if proportionate and subject to judicial review. The right to attend one's trial may justify deferral, but does not require it automatically; the executing judicial authority must balance interests and exercise discretion.

Citation
[2022] EUECJ C-492/22PPU
Parties
Person Sought Under European Arrest Warrant: CJ; Prosecutor: Openbaar Ministerie; Government: Government of the Netherlands; Amicus Curiae: European Commission
Jurisdiction
European Union
Judgment Date
08 December 2022
Procedural Posture
Preliminary Reference (urgent Procedure) / Judgment
Outcome
preliminary reference answered; national court to apply ruling
Legal Topics
European Arrest Warrant, Judicial Cooperation, Detention, Competent Authority, Fundamental Rights
Criminal Law EU Law Extradition European Arrest Warrant Judicial Cooperation Detention Competent Authority Fundamental Rights

Case Brief

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Parties

CJ

Person Sought Under European Arrest Warrant

Openbaar Ministerie

Prosecutor

Government of the Netherlands

Government

European Commission

Amicus Curiae

Procedural Posture

Preliminary Reference (urgent Procedure) / Judgment

Legal Issues

  1. 1 Whether detention is lawful when surrender under a European arrest warrant is deferred for domestic prosecution
  2. 2 Whether the decision to defer surrender must be made by a judicial authority
  3. 3 Whether the right to attend one's trial justifies deferral of surrender

Ratio Decidendi

A decision to defer surrender under a European arrest warrant for domestic prosecution must be made by the executing judicial authority, not by a prosecutor. If deferral is not judicially authorized and statutory time limits expire, the person must be released. Detention during deferred surrender is lawful if proportionate and subject to judicial review. The right to attend one's trial may justify deferral, but does not require it automatically; the executing judicial authority must balance interests and exercise discretion.

Court Disposition

preliminary reference answered; national court to apply ruling

Orders

  • Decision to defer surrender must be made by executing judicial authority.
  • If deferral is not judicially authorized and statutory time limits expire, person must be released.