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EAW: The notification by a Member State of its intention to withdraw from the European Union does not prevent the execution of an European arrest warrant emanating from this State

EAW: The notification by a Member State of its intention to withdraw from the European Union does not prevent the execution of an European arrest warrant emanating from this State

By a judgment of 19 September 2018, the Court of Justice of the European Union has ruled that Article 50 TEU must be interpreted as meaning that mere notification by a Member State of its intention to withdraw from the European Union in accordance with that article does not have the consequence that, in the event that that Member State issues a European arrest warrant with respect to an individual, the executing Member State must refuse to execute that European arrest warrant or postpone its execution pending clarification of the law that will be applicable in the issuing Member State after its withdrawal from the European Union.

In the absence of substantial grounds to believe that the person who is the subject of that European arrest warrant is at risk of being deprived of rights recognised by the Charter of Fundamental Rights of the European Union and Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, following the withdrawal from the European Union of the issuing Member State, the executing Member State cannot refuse to execute that European arrest warrant while the issuing Member State remains a member of the European Union.

 

Cf. http://curia.europa.eu/juris/document/document.jsf?text=&docid=205871&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=486353