Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA), CONSLEG 2002F0584 - 2009-03-27 ( )

Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest - The right of access to a lawyer in European Arrest Warrant proceedings, Council document 15826/11 of 2011-10-23 ()

Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States, OJ 2001 C 332E of 2001-11-26, p. 305-319 ( )
See also COM(2001)522 endgültig

Vorschlag für einen Rahmenbeschluss des Rates über den Europäischen Haftbefehl und die Übergabeverfahren zwischen den Mitgliedstaaten, COM(2001) 522 of 2001-09-18 ()
Dieses Dokument liegt nur in deutscher Sprache vor. Siehe auch ABlEG Serie C Nr. 332E v. 27.11.2001, S. 305-319

Handbook on how to issue and execute a European Arrest Warrant, OJ C 2023/1270 of 2023-12-15 ( )
Commission Notice

Improving Mutual Recognition of European Arrest Warrants through Common Practical Guidelines (ImprovEAW), Council document 13594/22 of 2022-10-14 ()

Statistics on the practical operation of the European arrest warrant – 2019, SWD(2021) 227 final (2021-08-06) ()
Commission Staff Working Document

Updated overview of Case-Law by the Court of Justice of the European Union on the European Arrest Warrant (EAW), Council document 6827/21 of 2021-03-15 ()
compiled by Eurojust

Report from the Commission to the European Parliament and the Council on the implementation of Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, COM(2020) 270 of 2020-07-02 ( )

Implementation of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States - Information provided to the General Secretariat, Council document 5471/20 of 2020-02-11 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Recent CJEU judgments and application of existing case-law - Exchange of views = Information paper by the Presidency on the CJEU judgments in case C-489/19 PPU (NJ) and C-128/18 (Dorobantu), Council document 14498/19 of 2019-11-29 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Note by AT on the application of the CJEU judgment in case C-247/17 (Raugevicius) - EAW and third States, Council document 14568/19 of 2019-11-28 ()

52nd Plenary Meeting of the European Judicial Network (Bucharest, Romania, 26-28 June 2019) - EJN Conclusions - Current developments on the application of the EAW, Council document 14400/19 of 2019-11-20 ()

Judgments of the CJEU of 27 May 2019 in joined cases C-508/18 and C-82/19 PPU and in case C-509/18 -public prosecutors offices acting as judicial authorities - Follow-up / update, Council document 11207/19 of 2019-07-17 ()

Judgments of the CJEU of 27 May 2019 in joined cases C-508/18 and C-82/19 PPU and in case C-509/18 - public prosecutors offices acting as judicial authorities - Exchange of views on the follow-up = Paper by the Presidency, Council document 9974 ADD 1/19 of 2019-06-18 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Rule of speciality, Council document 9975/19 of 2019-06-07 ()

Conclusions of the AG in joined cases C-508/18 and C-82/19 PPU, regarding the question of whether a public prosecutor’s office falls within the notion of ‘judicial authority’ - Exchange of views = Paper by the Presidency, Council document 9385/19 of 2019-05-16 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Discussion on recent case-law of the CJEU = Paper by the Commission, Council document 14744/18 of 2018-12-03 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Discussion on providing information to the State of nationality in case of surrender = Paper by Germany, Council document 14745/18 of 2018-11-29 ()

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Discussion on recent case-law of the Court of Justice EU = Paper by the Commission (including questions for Member States), Council document 9737/18 of 2018-06-07 ()

Extracts from Conclusions of Plenary meetings of the EJN concerning case-law on the EAW, Council document 15207/17 of 2017-12-08 ()

Eurojust: European Arrest Warrant Casework - Report (2014-2016), Council document 9198/17 of 2017-05-16 ()

Outcome of proceedings COPEN meeting 16 December 2016, Council document 15714/16 of 2016-12-21 ()

COPEN Meeting - Mutual Recognition experts - Question regarding parallel proceedings under Framework Decision 2002/584/JHA and under Framework Decision 2008/909/JHA, Council document 14775/15 of 2015-11-30 ()

Report on Eurojust's casework in the field on the European Arrest Warrant, Council document 10269/14 of 2014-05-25 ()

Review of the European Arrest Warrant - EP Committee report tabled for plenary, single reading, A7-0039/2014 - PE522.805v0400 (2014-01-27) ( )
Committee on Civil Liberties, Justice and Home Affairs, Rapporteur: Sarah Ludford

Joint Declaration by the Ministers of Justice of Austria and Lithuania on the operation of the Framework decision on the European arrest warrant, Council document 14689/11 of 2011-09-25 ()

Report from the Commission to the European Parliament and the Council On the implementation since 2007 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States , COM(2011) 175 of 2011-04-10 ( )

Follow-up to the recommendations in the final report on the fourth round of mutual evaluations, concerning the European arrest warrant, during the Spanish Presidency of the Council of the European Union - Draft Council Conclusions, Council document 8436/2/10 of 2010-05-27 ( )

Final report on the fourth round of mutual evaluations - The practical application of the European Arrest Warrant and corresponding surrender procedures between Member States , Council document 8302/4/09 of 2009-05-27 ( )

Report from the Commission on the implementation since 2005 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, COM(2007) 407 of 2007-07-10 ( )
SEC (2007) 979

Annex to the Report from the Commission based on Article 34 of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, SEC(2005) 267 of 2005-02-22 ()
This document is available in english only.

ECJ (Second Chamber), Judgment of 2013-05-29, Case C-168/13 (Jeremy F) · External sources: InfoCuria
Articles 27(4) and 28(3)(c) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as not precluding Member States from providing for an appeal suspending execution of the decision of the judicial authority which rules, within 30 days from receipt of the request, on giving consent either to the prosecution, sentencing or detention with a view to the carrying out of a custodial sentence or detention order of a person for an offence committed prior to his surrender pursuant to a European arrest warrant, other than that for which he was surrendered, or to the surrender of a person to a Member State other than the executing Member State, pursuant to a European arrest warrant issued for an offence committed prior to his surrender, provided that the final decision is adopted within the time-limits laid down in Article 17 of the Framework Decision.

ECJ (Grand Chamber), Judgment of 2013-01-28, Case C-396/11 (Ciprian Vasile Radu) · External sources: InfoCuria
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that the executing judicial authorities cannot refuse to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution on the ground that the requested person was not heard in the issuing Member State before that arrest warrant was issued.

ECJ (Second Chamber), Judgment of 2012-06-27, Case C-192/12 (Melvin West) · External sources: InfoCuria
Article 28(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that, where a person has been subject to more than one surrender between Member States pursuant to successive European arrest warrants, the subsequent surrender of that person to a Member State other than the Member State having last surrendered him is subject to the consent only of the Member State which carried out that last surrender.

ECJ (Fourth Chamber), Judgment of 2010-10-20, Case C-306/09 (I.B.) · External sources: InfoCuria
Articles 4(6) and 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as meaning that, where the executing Member State has implemented Articles 5(1) and Article 5(3) of that framework decision in its domestic legal system, the execution of a European arrest warrant issued for the purposes of execution of a sentence imposed in absentia within the meaning of Article 5(1) of the framework decision, may be subject to the condition that the person concerned, a national or resident of the executing Member State, should be returned to the executing State in order, as the case may be, to serve there the sentence passed against him, following a new trial organised in his presence in the issuing Member State.

ECJ (Third Chamber), Judgment of 2008-11-30, Case C-388/08 (Artur Leymann & Aleksei Pustovarov) · External sources: InfoCuria
1. In order to establish whether the offence under consideration is an ‘offence other’ than that for which the person was surrendered within the meaning of Article 27(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, requiring the implementation of the consent procedure referred to in Article 27(3)(g) and 27(4) of that Framework Decision, it must be ascertained whether the constituent elements of the offence, according to the legal description given by the issuing State, are those in respect of which the person was surrendered and whether there is a sufficient correspondence between the information given in the arrest warrant and that contained in the later procedural document. Modifications concerning the time or place of the offence are allowed, in so far as they derive from evidence gathered in the course of the proceedings conducted in the issuing State concerning the conduct described in the arrest warrant, do not alter the nature of the offence and do not lead to grounds for non-execution under Articles 3 and 4 of the Framework Decision.

2. In circumstances such as those in the main proceedings, a modification of the description of the offence concerning the kind of narcotics concerned is not such, of itself, as to define an ‘offence other’ than that for which the person was surrendered within the meaning of Article 27(2) of Framework Decision 2002/584.

3. The exception in Article 27(3)(c) of Framework Decision 2002/584 must be interpreted as meaning that, where there is an ‘offence other’ than that for which the person was surrendered, consent must be requested, in accordance with Article 27(4) of the Framework Decision, and obtained if a penalty or a measure involving the deprivation of liberty is to be executed. The person surrendered can be prosecuted and sentenced for such an offence before that consent has been obtained, provided that no measure restricting liberty is applied during the prosecution or when judgment is given for that offence. The exception in Article 27(3)(c) does not, however, preclude a measure restricting liberty from being imposed on the person surrendered before consent has been obtained, where that restriction is lawful on the basis of other charges which appear in the European arrest warrant.

ECJ (Grand Chamber), Judgment of 2007-05-02, Case C-303/05 (Advocaten voor de Wereld VZW) ( ) · External sources: InfoCuria
Examination of the questions submitted has revealed no factor capable of affecting the validity of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.

Mutual Recognition in Criminal Matters ⇒ European Arrest Warrant