14/11/2016 - - General
Important CJEU judgments regarding the EAW and “Custodial sentences” Council Framework Decisions

Four important judgments in the area of judicial cooperation in criminal matters have been rendered by the Court of Justice of the European Union (CJEU) last week, three of them regarding the Council Framework Decision on the European arrest warrant and the surrender procedures between Member States and one in relation to the Framework Decision 2008/909/JHA on mutual recognition of custodial sentences.

In the cases C-453/16 PPU Özcelik, C-452/16 PPU Poltorak and C-477/16 PPU, Kovalkosas, the CJEU clarified the meaning of “judicial authority” and “judicial decision”. Thus, the CJEU ruled that the Swedish National Police Board and the Ministry of Justice of the Republic of Lithuania do not constitute “judicial authorities” and that their EAWs  are not “judicial decisions”.  On the other hand, a national arrest warrant that was issued by the police and validated by a member of the public prosecutor’s office is a “judicial decision”.

In  the Case C-554/14 Ognyanov, the CJEU ruled that Article 17 of FD 2008/909/JHA does not permit the executing State to grant to the sentenced person a reduction in sentence by reason of work he carried out during the period of his detention in the issuing State if no such reduction in sentence was granted by the competent authorities of the issuing State, in accordance with the law of the issuing State. Moreover, the CJEU stated that the EU law must be interpreted as meaning that a national court is bound to take into consideration the whole body of rules of national law and to interpret them, so far as possible, in accordance with FD 2008/909 in order to achieve the result sought by that framework decision, and if necessary to dis-apply, on its own authority, the interpretation adopted by the national court of last resort, if that interpretation is not compatible with EU law.

You can find the four judgments in English and other available linguistic versions at the above hyperlinks to the CJEU’s website.

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