|Printable version||E-mail this to a friend|
CJEU: Execution of a European arrest warrant must be deferred if there is risk of inhuman or degrading treatment
If the existence of that risk cannot be discounted within a reasonable period, the authority responsible for the execution of the warrant must decide whether the surrender procedure should be brought to an end.
In Case C-404/15, a Hungarian investigating magistrate issued two European arrest warrants with respect to Mr Pál Aranyosi, a Hungarian national, so that a criminal prosecution could be brought for two offences of forced entry and theft, allegedly committed by Mr Aranyosi in Hungary.
In Case C-659/15 PPU, a Romanian court issued a European arrest warrant with respect to Mr Robert Căldăraru to secure the enforcement in Romania of a prison sentence of one year and eight months imposed for driving without a driving licence.
The two men having been located in Germany, it is the task of the German authorities to examine the warrants.
The Hanseatisches Oberlandesgericht in Bremen (Higher Regional Court of Bremen, Germany), which has to decide whether those warrants should be executed, found that the detention conditions to which Mr Aranyosi and Mr Căldăraru might be subject in the Hungarian and Romanian prisons respectively were contrary to fundamental rights, in particular the provision of the Charter of Fundamental Rights of the European Union prohibiting inhuman or degrading treatment or punishment. In judgments of 10 June 2014 and 10 March 2015 the European Court of Human Rights held that Romania and Hungary had infringed fundamental rights due to the prison overcrowding which is characteristic of their prisons.
Latest News from
Parliament demands better protection for small investors03/12/2016 10:15:00
Small investors need better information about the possible risks & fees for investment products they might buy, say MEPs.
Simpler website navigation for regulatory information on human medicines03/12/2016 08:15:00
The European Medicines Agency (EMA) has simplified the navigation structure of the regulatory information on human medicines on its website, to help users from pharmaceutical companies find the information they need more quickly and easily.
EU and Germany reach agreement on a fair and non-discriminatory road charging scheme02/12/2016 16:27:00
After years of discussions between the EC and the German authorities, both parties agreed on a solution to put an end to the legal dispute over the planned introduction of a road charge for passenger cars in Germany.
European fund for sustainable development: Council agrees negotiating position02/12/2016 16:10:00
On 1 December 2016, the Permanent Representatives Committee (Coreper) agreed on the Council's negotiating position on the regulation on the European fund for sustainable development (EFSD) and establishing the EFSD guarantee and the EFSD guarantee fund. The text will be presented for adoption to the Council in December 2016.
‘Avalanche’ network dismantled in international cyber operation02/12/2016 15:37:00
After more than four years of investigation, the Public Prosecutor’s Office Verden and the Lüneburg Police (Germany), in close cooperation with the United States Attorney’s Office for the Western District of Pennsylvania, the Department of Justice and the FBI, Eurojust, Europol and global partners, dismantled an international criminal infrastructure platform known as ‘Avalanche’.