Generalbundesanwalt beim Bundesgerichtshof (Principe de specialite) (Judicial cooperation in criminal matters - European arrest warrant - Opinion) [2020] EUECJ C-195/20PPU_O (06 August 2020)

Generalbundesanwalt beim Bundesgerichtshof (Principe de specialite) (Judicial cooperation in criminal matters - European arrest warrant - Opinion) [2020] EUECJ C-195/20PPU_O (06 August 2020)

The specialty rule under Article 27(2) of Framework Decision 2002/584/JHA does not preclude prosecution or deprivation of liberty for offences committed prior to the first surrender, other than those on which the surrender was based, if the person voluntarily left the territory of the issuing Member State and was subsequently surrendered again by another executing Member State under a new European arrest warrant, provided the second executing Member State consents to prosecution for those offences.

Citation
[2020] EUECJ C-195/20PPU_O
Parties
Defendant: XC; Other Party: Generalbundesanwalt beim Bundesgerichtshof
Jurisdiction
European Union
Judgment Date
06 August 2020
Procedural Posture
Request for Preliminary Ruling / Opinion of Advocate General
Outcome
Specialty rule does not preclude prosecution for offences committed prior to the first surrender if the person voluntarily left the issuing Member State and was surrendered again under a second European arrest warrant with the second executing Member State's consent.
Legal Topics
European Arrest Warrant, Specialty Rule, Extradition, Mutual Recognition, Prosecution for Offences Other Than Those Surrendered
Criminal Law European Union Law Judicial Cooperation European Arrest Warrant Specialty Rule Extradition Mutual Recognition Prosecution for Offences Other Than Those Surrendered

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XC

Defendant

Generalbundesanwalt beim Bundesgerichtshof

Other Party

Procedural Posture

Request for Preliminary Ruling / Opinion of Advocate General

Legal Issues

  1. 1 Does the specialty rule under Article 27 of Framework Decision 2002/584/JHA preclude prosecution for offences other than those for which a person was surrendered, when the person voluntarily left the issuing Member State and was subsequently surrendered again by another executing Member State under a new European arrest warrant, with the second executing Member State's consent?

Ratio Decidendi

The specialty rule under Article 27(2) of Framework Decision 2002/584/JHA does not preclude prosecution or deprivation of liberty for offences committed prior to the first surrender, other than those on which the surrender was based, if the person voluntarily left the territory of the issuing Member State and was subsequently surrendered again by another executing Member State under a new European arrest warrant, provided the second executing Member State consents to prosecution for those offences.

Court Disposition

Specialty rule does not preclude prosecution for offences committed prior to the first surrender if the person voluntarily left the issuing Member State and was surrendered again under a second European arrest warrant with the second executing Member State's consent.

Orders

  • Consent of the second executing Member State (Italy) is sufficient for prosecution for offences not covered by the second European arrest warrant.