The CCMMSEUA transposed Article 23 of the Council Framework Decision on EAW23 by
stipulating that the surrender of a requested person may exceptionally be temporarily
postponed for serious humanitarian reasons, in particular if it is possible that the
surrender will manifestly seriously threaten the life or health of the requested person.
The surrender must take place as soon as these grounds have ceased to exist. The
investigating judge notifies the ordering judicial authority of such fact and agree on a new
method, time or place of the surrender, which must take place within the following ten
days.24
Consent
The requested person must be informed about the possibility to consent to being
surrendered both by the police and the investigating judge. The consent is irrevocable
once given, and a decision on the execution of EAW is taken in summary proceedings
within ten days.25
Procedural Safeguards under Council Framework Decision on EAW
The below paragraphs show the analysis of the national implementation of the procedural
safeguards under the Council Framework Decision on EAW.26 These safeguards apply to
all requested persons equally.
•
Trial in absentia
Surrender of a requested person is refused if the warrant is issued for the purpose of
executing a custodial sentence or another measure imposed by a criminal court involving
deprivation of liberty, and the requested person was not present at the trial on the basis
23
Council Framework Decision of 13 June 2002 on the European arrest warrant and the
surrender procedures between Member States (2002/584/JHA), OJ L 190, 18.7.2002, p. 1–20
<http://data.europa.eu/eli/dec_framw/2002/584/oj>
24
Article 35(3) of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
25
Article 21(2) of the Cooperation in Criminal Matters with the Member States of the European
Union Act (Zakon o sodelovanju v kazenskih zadevah z državami članicami Evropske unije), 23
May 2013.
26
Council Framework Decision of 13 June 2002 on the European arrest warrant and the
surrender procedures between Member States (2002/584/JHA), OJ L 190, 18.7.2002, p. 1–20
<http://data.europa.eu/eli/dec_framw/2002/584/oj>
10