MM (Judgment) French Text [2021] EUECJ C-414/20PPU (13 January 2021)

MM (Judgment) French Text [2021] EUECJ C-414/20PPU (13 January 2021)

An EAW is invalid if not based on a national arrest warrant or equivalent judicial decision producing effects of search and arrest. The issuing authority need not be a court nor must judicial review exist at issuance, but effective judicial protection requires that a national court can review EAW validity post-removal. Invalidity of the EAW does not automatically require release from detention; consequences are governed by national law.

Citation
[2021] EUECJ C-414/20PPU
Parties
Defendant: MM; Prosecution: Spetsializirana prokuratura; Intervener: Government of Bulgaria; Intervener: Government of Spain; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
13 January 2021
Procedural Posture
Preliminary Reference (urgent Procedure) / Judgment
Outcome
Preliminary reference answered; EAW invalid if not based on national arrest warrant or equivalent; national court must be able to review validity; invalidity does not automatically require release from detention.
Legal Topics
European Arrest Warrant, Judicial Protection, Detention, Procedural Rights
Criminal Law EU Law Judicial Cooperation European Arrest Warrant Judicial Protection Detention Procedural Rights

Case Brief

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Parties

MM

Defendant

Spetsializirana prokuratura

Prosecution

Government of Bulgaria

Intervener

Government of Spain

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference (urgent Procedure) / Judgment

Legal Issues

  1. 1 Whether a European Arrest Warrant (EAW) issued solely by a prosecutor without judicial review complies with Article 6(1) of Decision Framework 2002/584/JAI.
  2. 2 Whether an EAW based only on an act of indictment (not a national arrest warrant or equivalent) is valid under Article 8(1)(c) of Decision Framework 2002/584/JAI.
  3. 3 Whether, in absence of judicial review in the issuing state, the national court must be able to review the validity of the EAW and its consequences for detention.

Ratio Decidendi

An EAW is invalid if not based on a national arrest warrant or equivalent judicial decision producing effects of search and arrest. The issuing authority need not be a court nor must judicial review exist at issuance, but effective judicial protection requires that a national court can review EAW validity post-removal. Invalidity of the EAW does not automatically require release from detention; consequences are governed by national law.

Court Disposition

Preliminary reference answered; EAW invalid if not based on national arrest warrant or equivalent; national court must be able to review validity; invalidity does not automatically require release from detention.

Orders

  • National court must be able to review EAW validity if no prior judicial review exists.
  • EAW invalid if not based on national arrest warrant or equivalent judicial decision.