|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
EFSA reinforces independence policy22/06/2017 16:16:00
The EFSA has a robust, well-balanced independence policy, its Management Board said after approving a number of new measures to further strengthen the Authority’s impartiality and protection against improper influence.
Romania, UK, Belgium & Switzerland – coordinated takedown of a Romanian THB criminal network22/06/2017 15:20:00
On 19 June, Romanian prosecutors from the Directorate for the Investigation of Organised Crime and Terrorism (DIICOT), Piteşti Territorial Service, together with judicial police officers from the organised crime fighting structures within Piteşti, Craiova, Ploiesti, Bucharest, Vâlcea and Dâmboviţa, carried out 71 house searches in Romania.
Solidarity with Italy: €1.2 billion of EU funds to support reconstruction works after the earthquakes22/06/2017 14:10:00
The EC proposes to mobilise €1.2bn under the EU Solidarity Fund, the highest sum ever mobilised in a single instalment, following the earthquakes of 2016 and 2017 in the Italian regions of Abruzzo, Lazio, Marche and Umbria.
EC forges ahead on new transparency rules for tax planning intermediaries22/06/2017 13:37:00
The EC has proposed tough new transparency rules for intermediaries - such as tax advisors, accountants, banks and lawyers - who design and promote tax planning schemes for their clients.
Antitrust: EC fines three car lighting system producers €27m in cartel settlement22/06/2017 13:15:00
The EC has fined Automotive Lighting and Hella a total of €26,744,000 for participating in an automotive lighting cartel, in breach of EU antitrust rules. Valeo was not fined as it revealed the cartel to the Commission. All companies admitted their involvement and agreed to settle.