Court of Justice 3 April 2025, C-641/23 (Opinion of Advocate General Richard de la Tour delivered on 3 April 2025.)

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Advocate General de la Tour argues that Article 9(1)(d) and Article 25 of Framework Decision 2008/909/JHA preclude a Member State from automatically refusing to recognize a judgment based on a lack of double criminality where the executing authority previously granted surrender subject to a guarantee of return under Article 5(3) of Framework Decision 2002/584/JHA. The Opinion maintains that while the ground for non-recognition is generally optional and requires a margin of discretion, it should not be invoked at the enforcement stage unless a significant change in circumstances has rendered the sentenced person's social rehabilitation in the executing State no longer viable. This interpretation seeks to ensure consistency between the surrender and enforcement mechanisms while balancing the objectives of social reintegration and the prevention of impunity.AI