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

Laws

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 (de en)

Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, OJ 2002 L 190 of 2002-07-17, p. 1-18 (de en)

Bills, preliminary documents

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 (en)

Statements made by certain Member States on the adoption of the Framework Decision on the European arrest warrant, OJ 2002 L 190 of 2002-07-17, p. 19-20 (de en)

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 (de en)
See also COM(2001)522 endgültig

Proposal for a Council Framework Decision on the European arrest warrant and the surrender procedures between the Member States, COM(2001) 522_2 of 2001-09-24 (en)
This document is available in english only.

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

Evaluation, Reports

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 (en)

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States - Updated overview of case-law by the CJEU = Paper by Eurojust, Council document 14746/18 of 2018-11-30 (en)

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 (en)

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 Presidency, Council document 14741/18 of 2018-11-27 (en)

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 (en)

Council Framework Deciision 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 15206/17 of 2017-12-12 (en)

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

Commission Notice — Handbook on how to issue and execute a European arrest warrant, OJ 2017 C 335 of 2017-10-06, p. 1-83 (de en)

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

Eurojust: The EAW and Prison Conditions - Outcome Report of the College Thematic Discussion, Council document 9197/17 of 2017-05-16 (en)

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

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and surrender procedures between Member States - Questions regarding recent decisions of the Court of Justice of the European Union, Council document 15002/16 of 2016-11-29 (en)

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 (en)

Strategic Seminar "The European Arrest Warrant: Which Way Forward" and 7th Meeting of the Consultative Forum The Hague, 10-11 June 2014 Report and Conclusions, Council document 13581/14 of 2014-09-23 (en)

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

Issues of proportionality and fundamental rights in the context of the operation of the European Arrest Warrant, Council document 9968/14 of 2014-05-19 (en)

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

Article 26 of the Framework Decision on the European Arrest Warrant - note by the Lithuanian delegation, Council document 16319/11 of 2011-11-02 (en)

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 (en)

Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial. - Consolidated version of the European arrest warrant form, Council document 13297/11 of 2011-07-26 (de en)

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 (de en)

Revised version of the European handbook on how to issue a European Arrest Warrant, Council document 17195/10 of 2010-12-06 (de en)

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 (de en)

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 , Council document 7361/10 of 2010-03-15 (en)

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 (de en)

Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant - Year 2006, Council document 11371/07 of 2007-07-26 (en)

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 (de en)
SEC (2007) 979

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, COM(2005) 63 final of 2005-02-22 (de en)
SEC (2005) 267

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 (en)
This document is available in english only.

Judicial Decisions

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 2013-02-25, Case C-399/11 (Stefano Melloni) · External sources: InfoCuria
1. Article 4a(1) 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 precluding the executing judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant issued for the purposes of executing a sentence conditional upon the conviction rendered in absentia being open to review in the issuing Member State.

2. Article 4a(1) of Framework Decision 2002/584, as amended by Framework Decision 2009/299, is compatible with the requirements under Articles 47 and 48(2) of the Charter of Fundamental Rights of the European Union.

3. Article 53 of the Charter of Fundamental Rights of the European Union must be interpreted as not allowing a Member State to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the issuing Member State, in order to avoid an adverse effect on the right to a fair trial and the rights of the defence guaranteed by its constitution.

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 (Grand Chamber), Judgment of 2012-09-04, Case C-42/11 (Joao Pedro Lopes Da Silva Jorge) · External sources: InfoCuria
Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States and Article 18 TFEU must be interpreted as meaning that, although a Member State may, in transposing Article 4(6), decide to limit the situations in which an executing judicial authority may refuse to surrender a person who falls within the scope of that provision, it cannot automatically and absolutely exclude from its scope the nationals of other Member States staying or resident in its territory irrespective of their connections with it.

The national court is required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that that framework decision is fully effective and to achieving an outcome consistent with the objective pursued by it.

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 (Grand Chamber), Judgment of 2010-11-15, Case C-261/09 (Gaetano Mantello) · External sources: InfoCuria
For the purposes of the issue and execution of a European arrest warrant, the concept of ‘same acts’ in Article 3(2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States constitutes an autonomous concept of European Union law.

In circumstances such as those at issue in the main proceedings where, in response to a request for information within the meaning of Article 15(2) of that Framework Decision made by the executing judicial authority, the issuing judicial authority, applying its national law and in compliance with the requirements deriving from the concept of ‘same acts’ as enshrined in Article 3(2) of the Framework Decision, expressly stated that the earlier judgment delivered under its legal system did not constitute a final judgment covering the acts referred to in the arrest warrant issued by it and therefore did not preclude the criminal proceedings referred to in that arrest warrant, the executing judicial authority has no reason to apply, in connection with such a judgment, the ground for mandatory non-execution provided for in Article 3(2) of the Framework Decision.

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 (Grand Chamber), Judgment of 2009-10-05, Case C-123/08 (Dominic Wolzenburg) · External sources: InfoCuria
1. A national of one Member State who is lawfully resident in another Member State is entitled to rely on the first paragraph of Article 12 EC against national legislation, such as the Law on the surrender of persons (Overleveringswet), of 29 April 2004, which lays down the conditions under which the competent judicial authority can refuse to execute a European arrest warrant issued with a view to the enforcement of a custodial sentence.

2. Article 4(6) 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, in the case of a citizen of the Union, the Member State of execution cannot, in addition to a condition as to the duration of residence in that State, make application of the ground for optional non-execution of a European arrest warrant laid down in that provision subject to supplementary administrative requirements, such as possession of a residence permit of indefinite duration.

3. Article 12 EC is to be interpreted as not precluding the legislation of a Member State of execution under which the competent judicial authority of that State is to refuse to execute a European arrest warrant issued against one of its nationals with a view to the enforcement of a custodial sentence, whilst such a refusal is, in the case of a national of another Member State having a right of residence on the basis of Article 18(1) EC, subject to the condition that that person has lawfully resided for a continuous period of five years in that Member State of execution.

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 2008-07-16, Case C-66/08 (Szymon Kozłowski) · External sources: InfoCuria
Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, is to be interpreted to the effect that:

- a requested person is ‘resident’ in the executing Member State when he has established his actual place of residence there and he is ‘staying’ there when, following a stable period of presence in that State, he has acquired connections with that State which are of a similar degree to those resulting from residence;

- in order to ascertain whether there are connections between the requested person and the executing Member State which lead to the conclusion that that person is covered by the term ‘staying’ within the meaning of Article 4(6), it is for the executing judicial authority to make an overall assessment of various objective factors characterising the situation of that person, including, in particular, the length, nature and conditions of his presence and the family and economic connections which that person has with the executing Member State.

ECJ (Grand Chamber), Judgment of 2007-05-02, Case C-303/05 (Advocaten voor de Wereld VZW) (de en) · 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.

Topics affected by this act:

Mutual Recognition in Criminal MattersEuropean Arrest Warrant

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