Court of Justice of the European Union - PRESS RELEASE No 156/19. Luxembourg, 12 December 2019

Regarding competent authority to issue an EAW.

Judgments in:

- Joined Cases C-566/19 PPU Parquet général du Grand-Duché de Luxembourg and C-626/19 PPU Openbaar Ministerie The Netherlands (EAWs issued by the French Public Prosecutor's Office)

- Case C-625/19 PPU Openbaar Ministerie The Netherlands (EAW issued by the Swedish Prosecution Authority)

- Case C-627/19 PPU Openbaar Ministerie The Netherlands (EAW issued by the Belgian Public Prosecutor’s Office).

In the judgments, the Court has supplemented its recent case-law on Framework Decision 2002/584 on the European arrest warrant, providing guidance on the requirement of the independence of the ‘issuing judicial authority’ in the case of a European arrest warrant, and on the requirement of effective judicial protection, which must be afforded to persons subject to such an arrest warrant.

The Court finds that the French, Swedish and Belgian public prosecutor’s offices satisfy the requirements for issuing a European arrest warrant, and clarifies the scope of the judicial protection afforded to persons referred to in such warrants.

See also CJEU judgments 27 May 2019 and 9 October 2019 

The Eurojust and EJN joint document "Compilation of Replies and Statements" gives information about the situation in the Member States, including new legislation and case law.

Notes from the Member States, see here