Breian (Judicial cooperation in criminal matters – European arrest warrant - Judgment) French Text [2024] EUECJ C-318/24PPU (29 July 2024)

Breian (Judicial cooperation in criminal matters – European arrest warrant - Judgment) French Text [2024] EUECJ C-318/24PPU (29 July 2024)

Refusal by one Member State to execute a European arrest warrant does not bind other Member States; each executing authority must independently assess the existence of grounds for non-execution, taking into account but not being bound by previous refusals. Only concrete, systemic or generalized deficiencies affecting the right to a fair trial or risk of inhuman or degrading treatment, established through a two-step analysis, justify refusal. Decisions of bodies such as Interpol CCF may be considered but are not determinative. Issuing authorities are not automatically required to refer to the CJEU unless their decision is final and an EU law question arises. The proportionality of...

Citation
[2024] EUECJ C-318/24PPU
Parties
Person Subject to European Arrest Warrant: P. P. R.; Issuing Judicial Authority: Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie - Direcţia Naţională Anticorupţie - Serviciul Teritorial Braşov
Jurisdiction
European Union
Judgment Date
29 July 2024
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions
Outcome
Questions answered; guidance provided to referring court.
Legal Topics
European Arrest Warrant, Judicial Cooperation in Criminal Matters, Fundamental Rights, Right to a Fair Trial, Mutual Recognition, Detention Conditions, Refusal of Surrender
European Union Law Criminal Law Human Rights Law European Arrest Warrant Judicial Cooperation in Criminal Matters Fundamental Rights Right to a Fair Trial Mutual Recognition +2 more

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Parties

P. P. R.

Person Subject to European Arrest Warrant

Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie - Direcţia Naţională Anticorupţie - Serviciul Teritorial Braşov

Issuing Judicial Authority

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions

Legal Issues

  1. 1 Whether refusal of execution of a European arrest warrant (EAW) by one Member State binds others
  2. 2 Whether irregularities in judges' oath-taking justify refusal of EAW execution
  3. 3 Role of Interpol CCF decisions in EAW execution

Ratio Decidendi

Refusal by one Member State to execute a European arrest warrant does not bind other Member States; each executing authority must independently assess the existence of grounds for non-execution, taking into account but not being bound by previous refusals. Only concrete, systemic or generalized deficiencies affecting the right to a fair trial or risk of inhuman or degrading treatment, established through a two-step analysis, justify refusal. Decisions of bodies such as Interpol CCF may be considered but are not determinative. Issuing authorities are not automatically required to refer to the CJEU unless their decision is final and an EU law question arises. The proportionality of...

Court Disposition

Questions answered; guidance provided to referring court.

Orders

  • Each executing authority must independently assess grounds for non-execution of a European arrest warrant, considering but not being bound by prior refusals in other Member States.
  • Irregularities in judges' oath-taking do not, in themselves, justify refusal of execution unless they amount to systemic or generalized deficiencies affecting the right to a fair trial.