JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
for non-execution exhaustively listed by the framework decision and execution of the warrant may be
made subject only to one of the conditions exhaustively laid down in Article 5. Accordingly, while
execution of the European arrest warrant constitutes the rule, refusal to execute is intended to be an
exception which must be interpreted strictly (judgment of today’s date, Minister for Justice and
Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 41 and the case-law cited).
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Thus, the Framework Decision explicitly states the grounds for mandatory non-execution (Article 3)
and optional non-execution (Articles 4 and 4a) of a European arrest warrant, as well as the guarantees
to be given by the issuing Member State in particular cases (Article 5) (judgment of today’s date,
Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 42
and the case-law cited).
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Nonetheless, the Court has recognised that limitations may be placed on the principles of mutual
recognition and mutual trust between Member States ‘in exceptional circumstances’ (judgment of
today’s date, Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU,
paragraph 43 and the case-law cited).
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In that context, the Court has acknowledged that, subject to certain conditions, the executing judicial
authority has the power to bring the surrender procedure established by the Framework Decision to
an end where surrender may result in the requested person being subjected to inhuman or degrading
treatment within the meaning of Article 4 of the Charter (judgment of today’s date, Minister for
Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 44 and the
case-law cited).
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For that purpose, the Court has relied, first, on Article 1(3) of the Framework Decision, which provides
that that decision is not to have the effect of modifying the obligation to respect fundamental rights
and fundamental legal principles as enshrined in Articles 2 and 6 TEU and, second, on the absolute
nature of the fundamental right guaranteed by Article 4 of the Charter (judgment of today’s date,
Minister for Justice and Equality (Deficiencies in the System of Justice), C-216/18 PPU, paragraph 45
and the case-law cited).
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Accordingly, where the judicial authority of the executing Member State is in possession of
information showing there to be a real risk of inhuman or degrading treatment of individuals detained
in the issuing Member State, measured against the standard of protection of fundamental rights
guaranteed by EU law and, in particular, by Article 4 of the Charter, that judicial authority is bound
to assess the existence of that risk when it is called upon to decide on the surrender to the authorities
of the issuing Member State of the individual concerned by a European arrest warrant. The
consequence of the execution of such a warrant must not be that that individual suffers inhuman or
degrading treatment (judgment of 5 April 2016, Aranyosi and Căldăraru, C-404/15 and C-659/15
PPU, EU:C:2016:198, paragraph 88).
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To that end, the executing judicial authority must, initially, rely on information that is objective,
reliable, specific and properly updated concerning the detention conditions within the prisons of the
issuing Member State and that demonstrates that there are deficiencies, which may be systemic or
generalised, or which may affect certain groups of people, or which may affect certain places of
detention. That information may be obtained from, inter alia, judgments of international courts, such
as judgments of the European Court of Human Rights, judgments of courts of the issuing Member
State, and also decisions, reports and other documents produced by bodies of the Council of Europe
or under the aegis of the United Nations (judgment of 5 April 2016, Aranyosi and Căldăraru,
C-404/15 and C-659/15 PPU, EU:C:2016:198, paragraph 89).
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Nonetheless, a finding that there is a real risk of inhuman or degrading treatment by virtue of general
conditions of detention in the issuing Member State cannot lead, in itself, to the refusal to execute a
European arrest warrant. The mere existence of evidence that there are deficiencies, which may be
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ECLI:EU:C:2018:589
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