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Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of … Continue reading Openbaar Ministerie (Independance De L’Autorite Judiciaire D’Emission) (Urgent Preliminary Ruling – European Arrest Warrant – Judgment): ECJ 17 Dec 2020

Melvin West: ECJ 28 Jun 2012

ECJ Police and judicial co-operation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – European arrest warrant issued for the purpose of executing a custodial sentence – Article 28 – Handing later – ‘string’ of European Arrest Warrants – Execution of a third European arrest warrant … Continue reading Melvin West: ECJ 28 Jun 2012

Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012

An EAW had been issued against Z based on four convictions by Polish courts for which he had received aggregated sentences of 45 months, as recorded in the EAW. After Mr Zakrzewski had been brought before the District Judge (and the hearing of his case had been adjourned), an order had been made by the … Continue reading Zakrzewski v District Court In Torun, Poland and Another: Admn 7 Feb 2012

IB v Cabinet (Police And Judicial Cooperation In Criminal Matters): ECJ 21 Oct 2010

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and the surrender procedures between Member States – Article 4 – Grounds for optional non-execution – Article 4(6) – Arrest warrant issued for the purposes of execution of a sentence – Article 5 – Guarantees to be provided by … Continue reading IB v Cabinet (Police And Judicial Cooperation In Criminal Matters): ECJ 21 Oct 2010

Ministerul Public v Radu: ECJ 18 Oct 2012

ECJ (Opinion) Police and judicial co-operation in criminal matters – Framework Decision on the European arrest warrant and surrender procedures between Member States – Whether it is open to the executing Member State to refuse the request for surrender of the requested person Judges: Sharpston AG Citations: [2012] EUECJ C-396/11 Links: Bailii Jurisdiction: European Cited … Continue reading Ministerul Public v Radu: ECJ 18 Oct 2012

Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010

ECJ Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European Arrest Warrant – Reason for mandatory non-execution – Principle ne bis in idem principle – Fundamental right – when the application merits has been delivered in the State Member of issue – Meaning of ‘same acts’ – Autonomous concept – Scope. Citations: C-261/09, … Continue reading Mantello (Police And Judicial Cooperation In Criminal Matters): ECJ 7 Sep 2010

Leymann and Pustovarov (Police and Judicial Cooperation In Criminal Matters) French Text: ECJ 1 Dec 2008

Europa Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 27 – European arrest warrant and surrender procedures between Member States – Specialty principle – Consent procedure Citations: C-388/08, [2008] EUECJ C-388/08 Links: Bailii Jurisdiction: European Extradition Updated: 28 July 2022; Ref: scu.278371

Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

The defendant objected to the extradition order, saying that the European arrest warrant relied on did not disclose other warrants issued for the same offences. Held: The Act required the warrant to be validated by the issuing national court. It was not required that it include reference to earlier warrants. The Act should be read … Continue reading Louca v Public Prosecutor In Bielefel, Germany: Admn 27 Nov 2008

Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of a European arrest warrant – Interpretation of the terms ‘resident’ and ‘staying’ in the executing Member State. Citations: C-66/08, [2008] EUECJ C-66/08, [2009] QB … Continue reading Kozlowski (Police And Judicial Cooperation In Criminal Matters): ECJ 17 Jul 2008

LM v Minister for Justice and Equality: ECJ 25 Jul 2018

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading LM v Minister for Justice and Equality: ECJ 25 Jul 2018

RO (Urgent preliminary ruling procedure – European arrest warrant – Judgment): ECJ 19 Sep 2018

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Grounds for non-execution – Article 50 TEU – Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European … Continue reading RO (Urgent preliminary ruling procedure – European arrest warrant – Judgment): ECJ 19 Sep 2018

Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018

Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Article 47 – Right of access … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute): ECJ 25 Jul 2018

Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 2018

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for refusal to execute – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Rule of law – Article 7 TEU – Reasoned proposal of … Continue reading Minister for Justice and Equality (Defaillances Du Systeme Judiciaire) (European Arrest Warrant – Grounds for Refusal To Execute – Opinion): ECJ 28 Jun 2018

Ministerul Public v Radu: ECJ 29 Jan 2013

ECJ (Grand Chamber) Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – European arrest warrant issued for the purposes of prosecution – Grounds for refusing execution Citations: [2013] EUECJ C-396/11, [2013] WLR(D) 28, [2013] 1 QB 1031, [2013] 3 WLR 681, [2013] … Continue reading Ministerul Public v Radu: ECJ 29 Jan 2013

IB v Cabinet (Police And Judicial Cooperation In Criminal Matters): ECJ 6 Jul 2010

ECJ (French Text) Police and judicial cooperation in criminal matters – European arrest warrant – Grounds for optional non-execution and guarantees provided by the issuing Member State – Possibility for the Member State [Or 1] implementation, making the surrender of a person residing in its territory on condition that this person, after being heard in … Continue reading IB v Cabinet (Police And Judicial Cooperation In Criminal Matters): ECJ 6 Jul 2010

Vilkas: ECJ 25 Jan 2017

ECJ (Judgment) Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 23 – Time limit for surrender of the requested person – Possibility of agreeing on a new surrender date on a number of occasions – Resistance of the requested person … Continue reading Vilkas: ECJ 25 Jan 2017

Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

The appellants challenged the effectiveness of European Arrest Warrants, saying that the requests were deficient in not providing adequate details of warrants issued in support of the decisions. They had been convicted and sentenced to terms of imprisonment which were at first condition, but were now to be served. The appellants contende dthat the European … Continue reading Goluchowski and SAS v District Court and Circuit Court In Poland: SC 29 Jun 2016

Bob-Dogi: ECJ 1 Jun 2016

ECJ (Judgment) Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 8(1)(c) – Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’ – No national arrest warrant issued prior to and separately from the … Continue reading Bob-Dogi: ECJ 1 Jun 2016

Criminal proceedings against SF (European Arrest Warrant): ECJ 11 Mar 2020

Timing of Extradition Return (Judgment) Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 5(3) – Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a … Continue reading Criminal proceedings against SF (European Arrest Warrant): ECJ 11 Mar 2020

X (Mandat D’Arret Europeen – Double Incrimination): ECJ 3 Mar 2020

(European Arrest Warrant : Judgment) Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 2(2) – Execution of a European arrest warrant – Removal of verification of the double criminality of the act – Conditions – Offence punishable by the issuing Member State … Continue reading X (Mandat D’Arret Europeen – Double Incrimination): ECJ 3 Mar 2020

Zdziaszek: ECJ 26 Jul 2017

Area of Freedom, Security and Justice : Judicial Cooperation In Criminal Matters : Opinion – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Grounds for optional … Continue reading Zdziaszek: ECJ 26 Jul 2017

Tupikas: ECJ 26 Jul 2017

Area of Freedom, Security and Justice : Judicial Cooperation In Criminal Matters : Opinion – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Reasons for optional … Continue reading Tupikas: ECJ 26 Jul 2017

Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

The defendant sought to appeal his extradition to Spain to face terrorism charges. He complained that the certificate required under the 2003 Act could not be the European arrest warrant itself, that the offence did not satisfy the double actionability rule and that the warrant did not set out the text of the law under … Continue reading Dabas v High Court of Justice, Madrid: HL 28 Feb 2007

Minister for Justice and Equality v Lanigan: ECJ 16 Jul 2015

ECJ Judgment – Reference for a preliminary ruling – Urgent preliminary ruling procedure – Charter of Fundamental Rights of the European Union – Article 6 – Right to liberty and security – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Obligation to execute the European arrest warrant … Continue reading Minister for Justice and Equality v Lanigan: ECJ 16 Jul 2015

Jeremy F v Premier Ministre: ECJ 30 May 2013

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Articles 27(4) and 28(3)(c) – European arrest warrant and surrender procedures between Member States – Speciality rule – Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State – Decision … Continue reading Jeremy F v Premier Ministre: ECJ 30 May 2013

Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020

Opinion – Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to receive information in criminal proceedings – Directive 2012/13/EU – Articles 3 to 7 – Written Letter of Rights upon arrest – Right to be informed of the accusation – Right of access to the materials of the case – … Continue reading Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 30 Sep 2020

Bucnys v Ministry of Justice: SC 20 Nov 2013

The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The court was asked whether the requests are open to challenge on the basis that (i) … Continue reading Bucnys v Ministry of Justice: SC 20 Nov 2013

Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 28 Jan 2021

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Articles 4 to 7 – Letters of Rights set out in Annexes I and II – Framework Decision 2002/584/JHA – Right to information in criminal proceedings – Letter of Rights on arrest – Right to be informed of the accusation … Continue reading Spetsializirana Prokuratura (Declaration Des Droits) (Judicial Cooperation In Criminal Matters): ECJ 28 Jan 2021

Kovalkovas: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(1) – Concept of ‘judicial decision’ – Article 6(1) – Concept of ‘issuing judicial authority’ – European arrest warrant issued by the Ministry of Justice … Continue reading Kovalkovas: ECJ 10 Nov 2016

Ozcelik: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – Concept of ‘arrest warrant’ – Autonomous concept of EU law – National arrest warrant issued by a police service and confirmed by a … Continue reading Ozcelik: ECJ 10 Nov 2016

Joao Pedro Lopes Da Silva Jorge: ECJ 5 Sep 2012

ECJ Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant and surrender procedures between Member States – Article 4(6) – Ground for optional non-execution of the European arrest warrant – Implementation in national law – Arrested person is a national of the issuing Member State – European arrest warrant … Continue reading Joao Pedro Lopes Da Silva Jorge: ECJ 5 Sep 2012

Aranyosi and Caldararu: ECJ 5 Apr 2016

ECJ (Judgment) Preliminary reference – Police and judicial cooperation in criminal matters – Framework Decision 2002/584 / JHA – European arrest warrant – Execution Grounds for refusal – Charter of Fundamental Rights of the European Union – Article 4 – Prohibition treatments inhuman or degrading treatment – Conditions of detention in the issuing member State … Continue reading Aranyosi and Caldararu: ECJ 5 Apr 2016

Poltorak: ECJ 10 Nov 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(1) – Concept of ‘judicial decision’ – Article 6(1) – Concept of ‘issuing judicial authority’ – European arrest warrant issued by the Rikspolisstyrelsen (National Police … Continue reading Poltorak: ECJ 10 Nov 2016

Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018

Art 50 Notice withrawable unilaterally Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – ConditionsThe Court Ruled: ‘Article 50 TEU must be interpreted as meaning that, … Continue reading Wightman and Others v Secretary of State for Exiting the European Union: ECJ 10 Dec 2018

Zakrzewski v The Regional Court In Lodz, Poland: SC 23 Jan 2013

The appellant was subject to an extradition request. He objected that the request involved an aggregation of sentences and that this did not meet the requirement sof the 2003 Act. He had been arrested under the arrest warrant, but during his trial in the UK for offences here, he had asked for the four outstanding … Continue reading Zakrzewski v The Regional Court In Lodz, Poland: SC 23 Jan 2013

Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007

The claimant had been in prison pending removal after his resistance to a European Extradition Warrant had failed. Subsequent developments in the case against him in Spain suggested that the case against him might now fail. He sought a writ of habeas corpus. Held: ‘the right approach to this issue is to ask whether, in … Continue reading Hilali v Governor of HMP Whitemoor and others: Admn 25 Apr 2007

Caldarelli v Court of Naples: HL 30 Jul 2008

The appellant challenged his extradition saying that the European Arrest Warrant under which he was held wrongly said that he was convicted, whilst he said he was wanted for trial. He had been tried in his absence, and the judgment and sentence were not under Italian law either final or enforceable until the appeal process … Continue reading Caldarelli v Court of Naples: HL 30 Jul 2008

Assange v The Swedish Prosecution Authority: SC 30 May 2012

The defendant sought to resist his extradition under a European Arrest Warrant to Sweden to face charges of sexual assaults. He said that the prosecutor who sought the extradition was not a judicial authority within the Framework Decision. Held: The appeal failed (Lord Mance dissenting). The term ‘judicial authority’ had a range of meanings. Under … Continue reading Assange v The Swedish Prosecution Authority: SC 30 May 2012

Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. Held: The appeal failed (Lord Rodger dissenting). Giving notice, for the purposes of … Continue reading Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice): HL 21 Jan 2009

Louca v A German Judicial Authority: SC 19 Nov 2009

The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible abuse. Held: The appeal failed. The information was optional, and the information missing from the request … Continue reading Louca v A German Judicial Authority: SC 19 Nov 2009