Reports of Cases before the Court of Justice and the Court of First Instance V. 2016-6

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2016-6 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0381 and id is 1 raw text is:

VRw Reports of Cases

Case C-241/15
Niculaie Aurel Bob-Dogi

(Request for a preliminary ruling from the
Curtea de Apel Cluj)

(Reference for a preliminary ruling - Police and judicial cooperation in criminal matters -
Framework Decision 2002/584/JHA - European arrest warrant - Article 8(1)(c) - Obligation to
include in the European arrest warrant information concerning the existence of an 'arrest warrant' -
No national arrest warrant issued prior to and separately from the European arrest warrant - Effect)

Summary - Judgment of the Court (Second Chamber), 1 June 2016

1. Judicial cooperation in criminal matters - Framework Decision on the European arrest warrant
and the surrender procedures between Member States - Article 8(1)(c) - Arrest warrant -
Concept - National arrest warrant separate from European arrest warrant - Obligation to
include in the European arrest warrant information on the existence of an 'arrest warrant' - None

(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Art.
8(1)(c))

2. Judicial cooperation in criminal matters - Framework Decision on the European arrest warrant
and the surrender procedures between Member States - Article 8(1)(c) - Obligation to include in
the European arrest warrant information on the existence of an 'arrest warrant' - European arrest
warrant giving no indication of the existence of a national arrest warrant - Consequences

(Council Framework Decision 2002/584, as amended by Framework Decision 2009/299, Arts
8(1)(2)(c) and 15(2))

1. Article 8(1)(c) of the Framework Decision 2002/584 on the European arrest warrant and the
surrender procedures between Member States, as amended by Framework Decision 2009/299, is to be
interpreted as meaning that the term 'arrest warrant', as used in that provision, must be understood as
referring to a national arrest warrant that is distinct from the European arrest warrant.

The issue of a European arrest warrant in accordance with the 'simplified procedure' - thus not
entailing the issue of any prior national judicial decision, such as a national arrest warrant, which
forms the basis of the European arrest warrant - may interfere with the principles of mutual
recognition and confidence on which the European arrest warrant system is based. Those principles
are based on the premiss that the European arrest warrant concerned has been issued in conformity
with the minimum requirements necessary for it to be valid, which include the requirement laid down
in Article 8(1)(c) of the Framework Decision. Where the executing judicial authority is faced with a
European arrest warrant issued under a 'simplified' procedure which is based on the existence of an
arrest warrant within the meaning of Article 8(1)(c) of the Framework Decision, but the European
arrest warrant does not refer to a national arrest warrant that is distinct from the European warrant,
it is not in a position to verify whether the European arrest warrant concerned complies with the

ECLJ:EU:C:2016:3851

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