E. D. L. (Motif de refus fonde sur la maladie) (Judicial cooperation in criminal matters - European arrest warrant - Serious, chronic and potentially irreversible disease - Opinion) [2022] EUECJ C-699/21_O (01 December 2022)

E. D. L. (Motif de refus fonde sur la maladie) (Judicial cooperation in criminal matters - European arrest warrant - Serious, chronic and potentially irreversible disease - Opinion) [2022] EUECJ C-699/21_O (01 December 2022)

Where surrender under a European arrest warrant may expose a person suffering from a serious, chronic, and potentially irreversible disease to a real risk of serious harm to health, the executing judicial authority must request information from the issuing authority to rule out such risk and, if necessary, exceptionally and temporarily postpone surrender for as long as the serious risk remains. Refusal to execute is not appropriate unless the risk cannot be mitigated by postponement; the Framework Decision does not require creation of a new ground for refusal based solely on health, but mandates postponement as the appropriate remedy.

Citation
[2022] EUECJ C-699/21_O
Parties
Requested Person: E. D. L.; Intervener: Presidente del Consiglio dei Ministri
Jurisdiction
European Union
Judgment Date
01 December 2022
Procedural Posture
Preliminary Ruling (opinion of Advocate General) / Opinion Before Court of Justice of the European Union
Outcome
Opinion: Surrender may be postponed, not refused, for serious health risk; executing authority must seek information and may postpone surrender exceptionally and temporarily if risk remains.
Legal Topics
European Arrest Warrant, Judicial Cooperation in Criminal Matters, Grounds for Refusal of Surrender, Right to Health, Prohibition of Inhuman or Degrading Treatment, Fundamental Rights Under the Charter
European Union Law Criminal Law Human Rights Law European Arrest Warrant Judicial Cooperation in Criminal Matters Grounds for Refusal of Surrender Right to Health Prohibition of Inhuman or Degrading Treatment +1 more

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Parties

E. D. L.

Requested Person

Presidente del Consiglio dei Ministri

Intervener

Procedural Posture

Preliminary Ruling (opinion of Advocate General) / Opinion Before Court of Justice of the European Union

Legal Issues

  1. 1 Whether the surrender of a person suffering from a serious, chronic, and potentially irreversible disease under a European arrest warrant must be refused or postponed due to risk to health under EU law.
  2. 2 Whether the executing judicial authority must request information from the issuing authority to rule out such risk and refuse surrender if assurances are not provided.

Ratio Decidendi

Where surrender under a European arrest warrant may expose a person suffering from a serious, chronic, and potentially irreversible disease to a real risk of serious harm to health, the executing judicial authority must request information from the issuing authority to rule out such risk and, if necessary, exceptionally and temporarily postpone surrender for as long as the serious risk remains. Refusal to execute is not appropriate unless the risk cannot be mitigated by postponement; the Framework Decision does not require creation of a new ground for refusal based solely on health, but mandates postponement as the appropriate remedy.

Court Disposition

Opinion: Surrender may be postponed, not refused, for serious health risk; executing authority must seek information and may postpone surrender exceptionally and temporarily if risk remains.

Orders

  • Executing judicial authority must request information from issuing authority to rule out risk to health.
  • If risk cannot be ruled out, surrender must be postponed exceptionally and temporarily for as long as the serious risk remains.