CELEX: 62018CA0327
Language: en
Date: 2018-09-19 00:00:00
Title: Case C-327/18 PPU: Judgment of the Court (First Chamber) of 19 September 2018 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Execution of European arrest warrants issued with respect to R O (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Grounds for non-execution — Article 50 TEU — Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European Union — Uncertainty as to the law applicable to the relationship between that State and the Union following withdrawal)

12.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 408/33
            
         
      Judgment of the Court (First Chamber) of 19 September 2018 (request for a preliminary ruling from the High Court (Ireland) — Ireland) — Execution of European arrest warrants issued with respect to R O
      (Case C-327/18 PPU) (1)
      
      ((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Grounds for non-execution - Article 50 TEU - Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European Union - Uncertainty as to the law applicable to the relationship between that State and the Union following withdrawal))
      (2018/C 408/43)
      Language of the case: English
      
         Referring court
      
      High Court (Ireland)
      
         Party to the main proceedings
      
      R O
      
         Operative part of the judgment
      
      Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union. In the absence of substantial grounds to believe that the person who is the subject of that European arrest warrant is at risk of being deprived of rights recognised by the Charter of Fundamental Rights of the European Union and Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, following the withdrawal from the European Union of the issuing Member State, the executing Member State cannot refuse to execute that European arrest warrant while the issuing Member State remains a member of the European Union.
      
         (1)  OJ C 349, 16.7.2018.