Opinion of the Advocate General — ECLI:EU:C:2016:783
Date: 2016-10-19
Language of the case: Dutch
Subject matter: Judicial cooperation in criminal matters;Police cooperation;Area of freedom, security and justice
Procedure: Preliminary reference - urgent procedure
Origin: Netherlands

Summary — Judgment of the Court (Fourth Chamber), 10 November 2016 Police and judicial cooperation in criminal matters — Framework Decision on the European arrest warrant and the surrender procedures between Member States — Concept of ‘judicial decision’ within the meaning of Article 8(1)(c) of the Framework Decision — Confirmation, by the public prosecutor’s office of a Member State, of a national arrest warrant issued previously by a police service in connection with criminal proceedings — Included (Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art. 8(1)(c)) Article 8(1)(c) of the 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 a confirmation by the public prosecutor’s office, of a national arrest warrant issued previously by a police service in connection with criminal proceedings constitutes a ‘judicial decision’, within the meaning of that provision. Since the public prosecutor’s office constitutes a Member State authority responsible for administering criminal justice, the confirmation of the national arrest warrant by that office provides the executing judicial authority with an assurance that the European arrest warrant is based on a decision that had undergone judicial approval such confirmation, therefore, justifies the high level of confidence between Member State. (see paras 34, 36-38, operative part)