O. G. (Mandat d'arret europeen a l'encontre d'un ressortissant d'un Etat tiers) (Judicial cooperation in criminal matters - European arrest warrant - Opinion) [2022] EUECJ C-700/21_O (15 December 2022)

O. G. (Mandat d'arret europeen a l'encontre d'un ressortissant d'un Etat tiers) (Judicial cooperation in criminal matters - European arrest warrant - Opinion) [2022] EUECJ C-700/21_O (15 December 2022)

Article 4(6) of Framework Decision 2002/584/JHA precludes national legislation that, after adopting the optional ground for non-execution of a European arrest warrant for serving a sentence in the executing State, absolutely excludes third-country nationals residing or staying in that State from benefiting from this ground, regardless of their links to the territory. The relevant criteria for establishing sufficient links are those that, when considered as a whole, support the presumption that serving the sentence in the executing State increases the person's chances of reintegration, irrespective of nationality.

Citation
[2022] EUECJ C-700/21_O
Parties
Requested Person: O. G.; Intervener: Presidente del Consiglio dei Ministri
Jurisdiction
European Union
Judgment Date
15 December 2022
Procedural Posture
Preliminary Ruling / Opinion of Advocate General
Outcome
Article 4(6) of Framework Decision 2002/584/JHA precludes national legislation that excludes third-country nationals residing or staying in the executing Member State from the benefit of non-execution of an EAW for serving a sentence in that State, irrespective of their links to the territory.
Legal Topics
European Arrest Warrant, Judicial Cooperation in Criminal Matters, Non Execution of EAW, Fundamental Rights, Equality Before the Law, Social Rehabilitation, Discrimination Based on Nationality
European Union Law Criminal Law European Arrest Warrant Judicial Cooperation in Criminal Matters Non Execution of EAW Fundamental Rights Equality Before the Law Social Rehabilitation +1 more

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Parties

O. G.

Requested Person

Presidente del Consiglio dei Ministri

Intervener

Procedural Posture

Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 4(6) of Framework Decision 2002/584/JHA precludes national legislation that excludes third-country nationals residing or staying in the executing Member State from the benefit of non-execution of a European arrest warrant (EAW) for serving a sentence in that State.
  2. 2 What criteria determine if a third-country national has sufficient links with the executing Member State to justify refusal to surrender under Article 4(6).

Ratio Decidendi

Article 4(6) of Framework Decision 2002/584/JHA precludes national legislation that, after adopting the optional ground for non-execution of a European arrest warrant for serving a sentence in the executing State, absolutely excludes third-country nationals residing or staying in that State from benefiting from this ground, regardless of their links to the territory. The relevant criteria for establishing sufficient links are those that, when considered as a whole, support the presumption that serving the sentence in the executing State increases the person's chances of reintegration, irrespective of nationality.

Court Disposition

Article 4(6) of Framework Decision 2002/584/JHA precludes national legislation that excludes third-country nationals residing or staying in the executing Member State from the benefit of non-execution of an EAW for serving a sentence in that State, irrespective of their links to the territory.

Orders

  • National courts must interpret and apply Article 4(6) so as not to exclude third-country nationals with sufficient links to the executing State from the benefit of non-execution of an EAW.
  • Executing judicial authorities must assess, case by case, the length, nature, and conditions of stay, and family, linguistic, cultural, occupational, social, and economic links to determine sufficient integration.