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
Statement by Michel Barnier25/09/2017 11:32:00
In her speech in Florence, Prime Minister Theresa May has expressed a constructive spirit which is also the spirit of the European Union during this unique negotiation.
Letter from President Donald Tusk to EU leaders ahead of their informal dinner in Tallinn22/09/2017 14:10:00
Prime Minister Ratas has asked me to chair our dinner ahead of the Tallinn Digital Summit, which is why I am writing to you.
eu-LISA and Eurojust are taking cooperation further21/09/2017 16:15:00
The European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (eu-LISA) and the European Union’s Judicial Cooperation Unit (Eurojust) have signed a Memorandum of Understanding (MoU) to strengthen their cooperation.
Muslims in the EU: High levels of trust despite pervasive discrimination21/09/2017 15:05:00
The vast majority of Muslims in the EU have a high sense of trust in democratic institutions despite experiencing widespread discrimination and harassment, a major survey by the EU Agency for Fundamental Rights (FRA) shows.
Overcoming cross border obstacles to boost growth in EU border regions21/09/2017 13:10:00
In line with the objectives for Better Regulation and a deeper and fairer internal market, the EC is issuing a communication on "Boosting growth and cohesion in EU border regions", with a set of new concrete actions and a list of ongoing initiatives to develop further, to help EU border regions grow faster and ever closer.