Opinion of the Advocate General — ECLI:EU:C:2017:116
Date: 2017-02-15
Language of the case: Dutch
Subject matter: Judicial cooperation in criminal matters;Police cooperation;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary — Judgment of the Court (Fifth Chamber), 29 June 2017 1. Judicial cooperation in criminal matters — Framework Decision on the European arrest warrant and the surrender procedures between Member States — Grounds for optional non-execution of the European arrest warrant — Arrest warrant issued to implement a custodial sentence or a detention order — Non-execution subject to the national from another Member State being in possession of permanent residence permit — Failure to take over the execution of the sentence — Not permissible (Council Framework Decision 2002/584, Art. 4(6)) 2. Judicial cooperation in criminal matters — Framework Decisions aimed at the approximation of national laws — Implementation by Member States — Obligation to interpret national law in conformity with EU law — Limits — Observance of general principles of law — Interpretation of national law contra legem — Not permissible (Council Framework Decision 2002/584) 3. Judicial cooperation in criminal matters — Council Framework Decision on the European arrest warrant and the surrender procedures between Member States — Grounds for optional non-execution of the European arrest warrant — No direct effect — Obligations of national courts to interpret national provisions in the light of the wording and the purpose of the framework decision — Arrest warrant issued to implement a custodial sentence or a detention order — Non-execution subject to the national from another Member State being in possession of permanent residence permit — Obligation for the judicial authorities of the executing Member State to ensure that the sentence at issue is actually executed (Council Framework Decision 2002/584, Art. 4(6)) 4. Judicial cooperation in criminal matters — Framework Decision on the European arrest warrant and the surrender procedures between Member States — Grounds for optional non-execution of the European arrest warrant — Arrest warrant issued to implement a custodial sentence or a detention order — Non-execution subject to the national from another Member State being in possession of permanent residence permit — Non-execution on the ground that there is a risk of the person concerned being prosecuted in the issuing State in relation to the same acts as those which were the subject of the sentence on which the European arrest warrant was based — Not permissible (Council Framework Decision 2002/584, Art. 4(6)) 1. Article 4(6) of Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted to the effect that it precludes legislation of a Member State implementing that provision which, in a situation where the surrender of a foreign national in possession of a residence permit of indefinite duration in the territory of that Member State is sought by another Member State in order to execute a custodial sentence imposed on that national by a decision which has become final, first, does not authorise such a surrender, and secondly, merely lays down the obligation for the judicial authorities of the first Member State to inform the judicial authorities of the second Member State that they are willing to take over the enforcement of the judgment, where, on the date of the refusal to surrender, the execution has not in fact been taken over and where, furthermore, in the event that taking over that execution subsequently proves to be impossible, such a refusal may not be challenged. (see paragraph 24, operative part 1) 2. See the text of the decision. (see paragraph 30-35) 3. The provisions of Framework Decision 2002/584 do not have direct effect. However, the competent national court, by taking the whole body of domestic law into consideration and applying the interpretative methods recognised by it, is obliged to interpret the provisions of national law at issue in the main proceeding, so far as is possible, in the light of the wording and the purpose of that framework decision, which in the present case means that, in the event of a refusal to execute a European arrest warrant issued with a view to the surrender of a person who has been finally judged in the issuing Member State and given a custodial sentence, the judicial authorities of the executing Member State are themselves required to ensure that the sentence pronounced against that person is actually executed. (see paragraph 43, operative part 2) 4. Article 4(6) of Framework Decision 2002/584 must be interpreted to the effect that it does not authorise a Member State to refuse to execute a European arrest warrant issued with a view to the surrender of a person who has been finally judged and given a custodial sentence, on the sole ground that that Member State intends to prosecute that person in relation to the same acts as those for which that judgment was pronounced. (see paragraph 48, operative part 3)