08/08/2019 - - Legislation
EAW competent issuing authorities: Notes from Member States concerning the CJEU Judgments on the concept of an ‘issuing judicial authority’ (CJEU C-509/18 and C-508/18 & C-82/19)

On 27/05/2019, the CJEU’s Grand Chamber delivered its judgments in Case C-509/18 (PF) and Joined Cases C-508/18 (O.G.) & C-82/19 PPU (P.I.). In these cases, the CJEU was asked to clarify whether a Public Prosecutor’s Office may be regarded as a ‘judicial authority’ within the meaning of Article 6(1) EAW FD and whether it is as such entitled to issue a EAW.

Information about the Judgements: here

 

As a follow up to the CJEU judgments notes has been issued by some Member States. The following notes are available here:

Austria - Note on Austrian legislation and the judgment of 27 May 2019, C-508/18

Denmark- Certification that the Danish Director of PubLic Prosecutions is a judiciaL authority in accordance with articte 6.1 of the Framework Decision off 3 June 2002 on the European arrest warrant and the surrender procedures between Member States

Germany - Note concerning the judgment in joined cases C-508/18 and C-82/19 PPU relating to the question whether Public Prosecutor Offices can issue European Arrest Warrants

Italy - The independence of the Italian Public Prosecutors

Sweden - Certification that a Swedish prosecutor is a judicial authority in accordance with Article 6.1 of the framework decision concerning a European arrest warrant and surrender between member states

 

The EJN Contact Points have access to notes from some other Members States here (password protected)

 

For further information on the competent issuing authorities of the different Member States, see the notifications listed in the EJN website (click on “EAW – Notifications”)

 

 

  • ® 2017 EJN. All Rights Reserved