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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,;jsessionid=E452E84FABA6E7DB5E7C4D26AE2ED50D?text=&docid=210710&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=13372919

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