05/08/2016 - - General
European Arrest Warrant: CJEU judgment in Case C-294 PPU - deducting the period of detention served by the surrendered person in the Executing Member State

The Member State that issued a European arrest warrant is required to consider, for the purposes of deducting the period of detention served in the executing Member State, whether the measures taken against the person concerned in the executing State have the effect of depriving a person of liberty.

 

  On 28 July 2016, the Court of Justice of the European Union (CJEU) delivered its judgment in Case C-294/16 PPU JZ v Prokuratura Rejonowa Łódź–Śródmieście.

In the reference for a preliminary ruling made by the Sąd Rejonowy dla Łodzi–Śródmieścia w Łodzi (District Court for Central Łódź, Łódź, Poland), the CJEU was asked whether the term ‘detention’ of Article 26(1) FD EAW also covers measures applied by the executing Member State that consist in the electronic monitoring of the whereabouts of the subject of the warrant, in conjunction with a curfew.

 

In its judgment, the CJEU concludes that in view of the type of measure, duration, effects and means of implementation, a nine hour daily curfew monitored by means of an electronic tag does not, in principle, have the effect of depriving a person of liberty in the meaning of Article 26(1) FD EAW, but it is, however, for the issuing judicial authority to make the assessment on a case by case basis, whether the measures taken against the person concerned in the executing State have the effect of depriving a person of liberty .  

 

For the time being, the judgement is available in Bulgarian, Spanish, Danish, French,  Dutch, Polish, and Portuguese.  For details, you can also read the press release issued by the Court.

 

Form for the notification of a decision on surrender

The EJN Secretariat recalls that a form for the notification of the decision on surrender (Annex VIII of the EAW Handbook) can be found in the EJN Judicial Library - EAW Forms. The use of this form by the executing authorities would also facilitate the deduction by the issuing authorities of the period of detention served by the surrendered person in the Executing Member State.

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