View of the Advocate General — ECLI:EU:C:2015:509
Date: 2015-07-06
Language of the case: English
Subject matter: Justice and home affairs
Procedure: Preliminary reference - urgent procedure
Origin: Ireland

Summary — Judgment of the Court (Grand Chamber), 16 July 2015 Police cooperation — Judicial cooperation in criminal matters — Council Framework Decision on the European arrest warrant and the surrender procedures between Member States — Implementation by Member States —Obligation to adopt a decision on the execution of a European arrest warrant — Expiry of the time‑limits laid down in the Framework Decision — No effect — Keeping the requested person in detention even where the total duration of the detention exceeds the prescribed time‑limits — Lawfulness — Condition (Charter of Fundamental Rights of the European Union, Art. 6; Framework Decision 2002/584, as amended by Framework Decision 2009/299, Arts 12, 15(1) and 17) Articles 15(1) and 17 of Framework Decision 2002/584 on the European arrest warrant and the surrender procedures between Member States, as amended by Framework Decision 2009/299, must be interpreted as meaning that the executing judicial authority remains required to adopt the decision on the execution of the European arrest warrant after expiry of the time-limits stipulated in Article 17. In the light, first, of the central function of the obligation to execute the European arrest warrant in the system put in place by the Framework Decision and, second, of the absence of any explicit indication therein as to a limitation of the temporal validity of that obligation, the rule set out in Article 15(1) of the Framework Decision cannot be interpreted as meaning that, once the time-limits stipulated in Article 17 of the Framework Decision have expired, the executing judicial authority is no longer able to adopt the decision on the execution of the European arrest warrant or that the executing Member State is no longer required to carry out the execution procedure in that regard. A different interpretation would run counter to the objective pursued by the Framework Decision of accelerating and simplifying judicial cooperation, since such an interpretation could, in particular, force the issuing Member State to issue a second European arrest warrant in order to enable a new surrender procedure to take place within the time-limits stipulated in the Framework Decision. Moreover, Article 12 of that Framework Decision, read in conjunction with Article 17 thereof and in the light of Article 6 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding, in such a situation, the holding of the requested person in custody, in accordance with the law of the executing Member State, even if the total duration for which that person has been held in custody exceeds those time-limits, provided that that duration is not excessive in the light of the characteristics of the procedure followed in the case in the main proceedings. Article 12 of the Framework Decision does not provide, in a general manner, that the holding of the requested person in custody is envisageable only within the temporal limits specified nor, in particular, that such a possibility is to be ruled out after expiry of the time-limits stipulated in Article 17 of the Framework Decision. Similarly, although Article 12 of the Framework Decision allows for the possibility, under certain conditions, to release provisionally the person arrested on the basis of a European arrest warrant, it does not provide that, following the expiry of the time-limits stipulated in Article 17 of the Framework Decision, the executing judicial authority is required to release that person provisionally or, a fortiori, to release him purely and simply. Moreover, in so far as the execution procedure for the European arrest warrant must continue also after expiry of the time-limits stipulated in Article 17 of the Framework Decision, a general and unconditional obligation to release the requested person provisionally or, a fortiori, to release that person purely and simply upon expiry of those time-limits or where the total duration of the period that person has spent in custody exceeds those time-limits could limit the effectiveness of the surrender system put in place by the Framework Decision and, consequently, obstruct the attainment of the objectives pursued by it. However, given that the issuing of a European arrest warrant cannot, as such, justify the holding of the requested person for a period the total duration of which exceeds the time necessary to execute that warrant, the executing judicial authority may decide to hold that person in custody, in accordance with Article 6 of the Charter of Fundamental Rights of the European Union, only in so far as the procedure for the execution of the European arrest warrant has been carried out in a sufficiently diligent manner and in so far as, consequently, the duration of the custody is not excessive. In order to ensure that that is indeed the case, the executing judicial authority will be required to carry out a concrete review of the situation at issue, taking account of all of the relevant factors with a view to evaluating the justification for the duration of the procedure, including the possible failure to act on the part of the authorities of the Member States concerned and any contribution of the requested person to that duration. The sentence potentially faced by the requested person or delivered in his regard in relation to the acts which justified the issuing of the European arrest warrant in his respect, together with the potential risk of that person absconding, must also be taken into consideration. Against that background, the fact that the requested person has been held in custody for a period the total of which greatly exceeds the time-limits stipulated in Article 17 of the Framework Decision is also relevant, in so far as those time-limits are, in principle, sufficient, in the light, inter alia, of the essential role of the principle of mutual recognition in the system put in place by the Framework Decision, for the executing judicial authority to carry out checks prior to the execution of the European arrest warrant and to adopt the decision on the execution of such a warrant. Finally, if the executing judicial authority decides to bring the requested person’s custody to an end, it is then required to attach to the provisional release of that person any measures it deems necessary so as to prevent him from absconding and to ensure that the material conditions necessary for his effective surrender remain fulfilled for as long as no final decision on the execution of the European arrest warrant has been taken. (see paras 37, 40, 44, 45, 50, 52, 58, 63, operative part)