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Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant

Interpretation by the CJUE of the Council Framework Decision of 13 June 2002 on the European arrest warrant

By a judgement of 12 February 2019, the Court of Justice of the European Union ruled that Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States must be interpreted as precluding a national provision, such as that at issue in the main proceedings (in The Netherlands), which lays down a general and unconditional obligation to release a requested person arrested pursuant to a European arrest warrant as soon as a period of 90 days from that person’s arrest has elapsed, where there is a very serious risk of that person absconding and that risk cannot be reduced to an acceptable level by the imposition of appropriate measures.

Cf. CJEU, 1st Ch., 12 February 2019, n° C‑492/18 PPU,http://curia.europa.eu/juris/document/document.jsf;jsessionid=E452E84FABA6E7DB5E7C4D26AE2ED50D?text=&docid=210710&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=13372919