|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
First gas interconnector between Finland and Estonia ends energy isolation24/10/2016 15:10:00
EC President Jean-Claude Juncker, the PM of Estonia Taavi Rõivas and the PM of Finland Juha Sipilä have witnessed the signing of a €187m investment in the Balticconnector – the first gas pipeline connecting Finland and Estonia.
Join the European Week for healthy workplaces for all ages24/10/2016 13:05:00
The 2016 European Week for Safety and Health at Work - 24 to 28 October - a key part of the Healthy Workplaces for All Ages Campaign, starts today.
Foodborne viruses: identifying research needs to tackle public health risks24/10/2016 08:10:00
EFSA has published a scientific report on the outcomes of a scientific workshop on foodborne viruses organised jointly by EFSA and the UK Food Standards Authority.
The gender employment gap – an issue that affects us all22/10/2016 07:05:00
In the following blog piece Eurofound Director Juan Menéndez-Valdés looks at the issue of the gender employment gap in Europe, and how the difference in labour market participation between women and men has far-reaching implications.
EC puts forward commitments to reach global targets in sustainable urban development21/10/2016 16:15:00
The New Urban Agenda, adopted at the U.N. Habitat III Conference taking place this week in Quito, Ecuador, contains guidelines to make cities all over the world more inclusive, green, safe and prosperous. It is a cornerstone in the implementation of the 2030 Agenda for Sustainable Development and other milestone reform agendas, in particular the Paris Agreement.