Court of Justice 13 June 2024, C-305/22 (C.J.)

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In this Opinion (Case C-305/22), Advocate General Richard de la Tour addresses the interaction between Framework Decision 2002/584/JHA on the European arrest warrant and Framework Decision 2008/909/JHA on mutual recognition of criminal judgments, in a case where Italian judicial authorities refused to execute a Romanian European arrest warrant under Article 4(6) of the former instrument while simultaneously recognising and ordering enforcement of the Romanian conviction without the issuing State's consent and contrary to the procedure laid down in the latter instrument. The Advocate General opines that an executing judicial authority cannot legitimately refuse to execute a European arrest warrant issued for the enforcement of a custodial sentence by invoking the optional non-execution ground in Article 4(6) of Framework Decision 2002/584 where the convicting judgment is recognised and enforced in breach of the procedure and conditions established by Framework Decision 2008/909, which requires, inter alia, forwarding of the judgment and certificate by the issuing State and that State's consent to enforcement in the executing State. In such circumstances, the Advocate General takes the view that the issuing Member State retains its right to enforce the sentence under Article 22(1) of Framework Decision 2008/909, and the executing judicial authority remains obliged to execute the European arrest warrant by surrendering the requested person.AI