|Author (Corporate)||Cardiff EDC|
Information Guide concerning Case C-414/2020 PPU from the Court of Justice of the European Union (CJEU) concerning the existence of a European Arrest Warrant (EAW) in the absence of a national equivalent or other relevant judicial decision.
Criminal proceedings were initiated in Bulgaria against a number of individuals for participation in criminal drug trafficking organisation. Some of them - including MM - absconded. In August 2019, the Bulgarian investigating body placed MM under investigation for participation in that organisation. The order was intended only to inform him of the charges against him. In January 2020, the public prosecutor issued a European Arrest Warrant (EAW) justifying it with the order of August 2019. MM was eventually detained abroad and surrendered to the Bulgarian judicial authorities. In July 2020, MM was placed in provisional detention.
Bulgaria's Specialised Criminal Court (Spetsializiran nakazatelen sad) submitted in September 2020 to the CJEU a request for a preliminary ruling regarding the interpretation of Article 6(1) and Article 8(1)(c) of Council Framework Decision 2002/584/JHA and the surrender procedures between Member States. On 13 January 2021, the Court decided that an EAW must be regarded as being invalid when it is not based on a national arrest warrant or any other enforceable judicial decision having the same effect. It argues that it is for the court having jurisdiction in the issuing Member State to determine, in the light of national law, what consequences the absence of a valid national arrest warrant may have on the decision to place and then keep a person in provisional detention who is the subject of a criminal prosecution.
|Subject Categories||Justice and Home Affairs, Law|
|Subject Tags||Court of Justice of the European Union [CJEU], EU Law, Police | Judicial Cooperation|
|Keywords||CJEU Judgments, European Arrest Warrant [EAW]
|Countries / Regions||Bulgaria|
|International Organisations||European Union [EU]|