SF.
Date: 2020-03-11
38


In that context, Framework Decision 2002/584 seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attainment of the objective set for the European Union of becoming an area of freedom, security and justice, and has as its basis the high level of trust which must exist between the Member States (judgments of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice), C‑216/18 PPU, EU:C:2018:586, paragraph 40, and of 13 December 2018, Sut, C‑514/17, EU:C:2018:1016, paragraph 27 and the case-law cited).
39


In the field governed by Framework Decision 2002/584, the principle of mutual recognition, which, as is apparent, in particular, from recital 6 of that framework decision, constitutes the ‘cornerstone’ of judicial cooperation in criminal matters, is put into practice in Article 1(2) of that framework decision, which lays down the rule that Member States are to execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of that framework decision. Executing judicial authorities may therefore, in principle, refuse to execute such a warrant only on the grounds for non-execution exhaustively listed by Framework Decision 2002/584. Similarly, execution of the arrest warrant may be made subject only to one of the conditions exhaustively laid down in Article 5 of that framework decision. Accordingly, while execution of the European arrest warrant constitutes the rule, refusal to execute is intended to be an exception which must be interpreted strictly (see, to that effect, judgments of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice), C‑216/18 PPU, EU:C:2018:586, paragraph 41, of 13 December 2018, Sut, C‑514/17, EU:C:2018:1016, paragraph 28, and of 15 October 2019, Dorobantu, C‑128/18, EU:C:2019:857, paragraph 48).
40


Framework Decision 2002/584 thus explicitly sets out the grounds for mandatory non-execution (Article 3) and optional non-execution (Articles 4 and 4a) of a European arrest warrant, as well as the guarantees to be given by the issuing Member State in particular cases (Article 5). Although the system established by Framework Decision 2002/584 is based on the principle of mutual recognition, that recognition does not mean that there is an absolute obligation to execute the arrest warrant that has been issued (see, to that effect, judgments of 21 October 2010, B., C‑306/09, EU:C:2010:626, paragraph 50, and of 13 December 2018, Sut, C‑514/17, EU:C:2018:1016, paragraphs 29 and 30 and the case-law cited).
47


In the first place, it should be borne in mind in this regard that, as noted in paragraph 38 above, Framework Decision 2002/584 seeks to establish a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law. In accordance with Article 1(1) of that framework decision, the aim of the mechanism of the European arrest warrant is to enable the arrest and surrender of a requested person, in the light of the objective pursued by the framework decision, so that the crime committed does not go unpunished and that that person is prosecuted or serves the custodial sentence ordered against him (judgment of 6 December 2018, IK (Enforcement of an additional sentence), C‑551/18 PPU, EU:C:2018:991, paragraph 39).