Brief comments on the concept of judicial authority jurisdiction under article 6 of council framework decision no. 2002/584/jha regarding the European Arrest Warrant

• Author: Mihaela Patraus
• Position: University of Oradea ? Faculty of Law Oradea, str. General Magheru, no. 26, Bihor county mihaelapatraus@yahoo.com
• Pages: 1-8

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2019), pp. 1- 8

1

BRIEF COMMENTS ON THE CONCEPT OF JUDICIAL AUTHORITY

JURISDICTION UNDER ARTICLE 6 OF COUNCIL FRAMEWORK

DECISION NO. 2002/584/JHA REGARDING THE EUROPEAN ARREST

WARRANT

M. PTRUŞ

MIHAELA PTRUŞ

University of Oradea – Faculty of Law

Oradea, str. General Magheru, no. 26, Bihor county

mihaelapatraus@yahoo.com

ABSTRACT:

Article 6, paragraph 1 of Framework Decision 2002/584/JHA provides that the

issuing judicial authority is the judicial authority of the Member State competent to issue a

judicial decision in accordance with the law of that State for the purpose of surrender on the

basis of the European arrest warrant to another EU Member State.

The Court of Justice in Luxembourg, by its recent case-law, held that the notion of

issuing judicial a uthority does not concern the prosecutor's offices in a Member State which

are at risk of being subjected, directly or indirectly, to individual orders or instructions by the

executive power in the context of adopting a decision on the issuing of the European arrest

warrant.

The effects of this judgment are mandatory for all Member States and require

clarification from the Member States affected by the ECJ ruling regarding the nature of the

European arrest warrant authority, even a possible intervention by the legislature in these EU

Member States, to facilitate the settlement of cases of arr est in full agreement with the

principles of mutual recognition and mutual trust of judgments in the European area.

KEY WORDS: judicial cooperation, mutual recognition principle, European arrest warrant,

issuing judicial authority, judicial decision

1.PREMISE

The European arrest warrant is a judicial decision issued by the competent judicial

authority of an EU Member State for arrest and surrender to another Member State of a

requested person for the purpose of carrying out a criminal prosecution or trial or for the

execution of a custodial sentence or detention.

1.

This enforceable judicial decision is based on the principle of mutual recognition and

trust and is the cornerstone of judicial cooperation with a view to building the European area

of freedom, security and justice2.

The Framework Decision on the European arrest warrant reflects a philosophy of

integration in a common judicial area and is the first legal instrument adopted to ensure

concrete recognition of mutual recognition of judgments.

1 See Article 1 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the

surrender procedures between Member States, in OJ L 190/1 of 18 July 2002 as amended by Council Framework Decision

2009/299/JHA on the strengthening of the procedural rights of individuals and th e promotion of the application of the

principle of mutual recognition to decisions given in the absence of the person concerned from the process, publ. in OJ L 81,

27 March 2009, p. 4.

2 Objective set out in Recital 5 of Decision 2002/584/JHA, p.3.