JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
82
Those considerations are borne out by the objective of the Framework Decision, which, as has already
been made clear in paragraph 53 of this judgment, is to facilitate and accelerate surrenders through the
introduction of a simplified and more effective system for the surrender between judicial authorities of
persons convicted or suspected of having infringed criminal law.
83
That objective underlies, inter alia, the treatment of the time limits for adopting decisions relating to a
European arrest warrant with which Member States are required to comply and the importance of
which is stated in a number of provisions of the Framework Decision, including Article 17 (see, to that
effect, judgment of 23 January 2018, Piotrowski, C-367/16, EU:C:2018:27, paragraphs 55 and 56).
84
An obligation on the part of the executing judicial authorities to assess the conditions of detention in
all the prisons in which the individual concerned might be detained in the issuing Member State is
clearly excessive. Moreover it is impossible to fulfil such an obligation within the periods prescribed in
Article 17 of the Framework Decision. Such an assessment could in fact substantially delay that
individual’s surrender and, accordingly, render the operation of the European arrest warrant system
wholly ineffective.
85
That would result in a risk of impunity for the requested person, especially when, as in the case in the
main proceedings, which concerns the execution of a European arrest warrant issued for the purpose
of executing a custodial sentence, the executing judicial authority has found that the conditions for
applying the ground of optional non-execution set out in Article 4(6) of the Framework Decision ––
which permits the issuing Member State to undertake to execute that sentence in accordance with its
domestic law, with a view, inter alia, to increasing the chances of the individual concerned of
reintegrating into society (see, inter alia, judgment of 5 September 2012, Lopes Da Silva Jorge,
C-42/11, EU:C:2012:517, paragraph 32) –– were not met.
86
Such impunity would be incompatible with the objective pursued both by the Framework Decision
(see, to that effect, judgment of 29 June 2017, Popławski, C-579/15, EU:C:2017:503, paragraph 23) and
by Article 3(2) TEU, in the context of which the Framework Decision must be seen and under which
the European Union offers its citizens an area of freedom, security and justice without internal
frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures
with respect to external border controls and the prevention and combating of crime (judgment of
6 September 2016, Petruhhin, C-182/15, EU:C:2016:630, paragraphs 36 and 37).
87
Consequently, in view of the mutual trust that must exist between Member States, on which the
European arrest warrant system is based, and taking account, in particular, of the time limits set by
Article 17 of the Framework Decision for the adoption of a final decision on the execution of a
European arrest warrant by the executing judicial authorities, those authorities are solely required to
assess the conditions of detention in the prisons in which, according to the information available to
them, it is actually intended that the person concerned will be detained, including on a temporary or
transitional basis. The compatibility with the fundamental rights of the conditions of detention in the
other prisons in which that person may possibly be held at a later stage is, in accordance with the
case-law referred to in paragraph 66 of this judgment, a matter that falls exclusively within the
jurisdiction of the courts of the issuing Member State.
88
In the present case, even if this information has not been provided by the issuing judicial authority, it is
common ground among all the interested persons that have participated in the present proceedings
that the person concerned, if he is surrendered to the Hungarian authorities, will initially be held in
Budapest prison for a period of one to three weeks, before being transferred to Szombathely prison,
but it was not inconceivable that he might subsequently be transferred to another place of detention.
89
In those circumstances, the executing judicial authority must review the conditions of detention of the
person concerned in those two prisons alone.
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ECLI:EU:C:2018:589
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