Case C-636/22, PY (Third-country national residing in the territory of the executing Member State): Order of the Court (Eighth Chamber) of 16 November 2023 (request for a preliminary ruling from the Corte d’appello di Lecce — Italy) in proceedings concerning the execution of a European arrest warrant issued against PY (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Guarantees to be given by the issuing Member State — Article 5(3) — Objective of social rehabilitation — Third-country nationals residing in the territory of the executing Member State — Equal treatment — Article 20 of the Charter of Fundamental Rights of the European Union)
Date: 2023-11-16
Institutions: Court of Justice
Subjects: European arrest warrant, carrying out of sentence, case-law (EU), equal treatment, evidence, extradition, foreign national, residence permit, social integration, social rehabilitation








C_202401075EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1075


5.2.2024





Order of the Court (Eighth Chamber) of 16 November 2023 (request for a preliminary ruling from the Corte d’appello di Lecce — Italy) in proceedings concerning the execution of a European arrest warrant issued against PY
(Case C-636/22, (1) PY (Third-country national residing in the territory of the executing Member State))
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Guarantees to be given by the issuing Member State - Article 5(3) - Objective of social rehabilitation - Third-country nationals residing in the territory of the executing Member State - Equal treatment - Article 20 of the Charter of Fundamental Rights of the European Union)
(C/2024/1075)
Language of the case: Italian

Referring court

Corte d’appello di Lecce

Parties to the main proceedings


Appellant: PY

Interested party: Procura della Repubblica presso il Tribunale di Lecce

Operative part of the order







1.


Article 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, read in conjunction with the principle of equality before the law, enshrined in Article 20 of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding a national law that prevents, absolutely and automatically, the judicial authority in the executing Member State from making the surrender of a third-country national residing in the territory of that Member State subject to the condition that that person, after being heard, is returned to that Member State for the purposes of the execution of the custodial sentence or detention order imposed on him or her in the issuing Member State.










2.


Article 5(3) of Framework Decision 2002/584
must be interpreted as meaning that, in order to assess whether it is appropriate to make the execution of the European arrest warrant issued against a third-country national who is resident in the territory of the executing Member State subject to the condition in that article, the executing judicial authority must make an overall assessment of all the specific elements that characterise that national’s situation which are capable of showing that there are, between that person and the executing Member State, connections demonstrating that he or she is sufficiently integrated into that State such that the execution in that Member State of the custodial sentence or detention order pronounced against that person in the issuing Member State will contribute to increasing the chances of social rehabilitation after that sentence or detention order has been executed. Those elements include the family, linguistic, cultural, social or economic links that the third-country national has with the executing Member State as well as the nature, duration and conditions of his or her stay in that Member State.






(1)  
            OJ C 45, 6.2.2023.


ELI: http://data.europa.eu/eli/C/2024/1075/oj
ISSN 1977-091X (electronic edition)