|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
EC confirms unannounced inspections in the ethylene purchasing sector27/07/2017 15:25:00
The EC can confirm that on 16 May 2017 its officials carried out unannounced inspections at the premises of companies active in ethylene purchasing, in several Member States.
EC acts to preserve the rule of law in Poland27/07/2017 14:42:00
The EC has decided to launch an infringement proceeding against Poland for breaches of EU law. The College will immediately send a Letter of Formal Notice once the Law on the Ordinary Courts Organisation is published.
EU-Canada PNR agreement: EC statement on the Opinion of the European Court of Justice27/07/2017 14:15:00
The EC takes note of the Opinion of the European Court of Justice on the envisaged EU-Canada PNR agreement. The EC will now carefully assess the Opinion and its potential impact.
The EU is driving work to share information, combat terrorist financing & protect Europeans online27/07/2017 13:15:00
The 9th Security Union progress report highlights the recent steps taken to prevent terrorist financing through trafficking in cultural goods and improve the interoperability of EU information systems.