JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
107
Consideration must therefore be given to whether and, if so, to what extent such an assurance may be
taken into account by the executing judicial authority in taking its decision on the surrender of the
person concerned.
The taking into account of assurances given by the authorities of the issuing Member State
108
It should be recalled that Article 15(2) of the Framework Decision explicitly enables the executing
judicial authority, if it finds the information communicated by the issuing Member State to be
insufficient to allow it to decide on surrender, to request that the necessary supplementary
information be furnished as a matter of urgency. In addition, under Article 15(3) of the Framework
Decision, the issuing judicial authority may at any time forward any additional useful information to
the executing judicial authority.
109
Moreover, in accordance with the principle of sincere cooperation set out in the first subparagraph of
Article 4(3) TEU, the European Union and the Member States are, in full mutual respect, to assist each
other in carrying out tasks which flow from the Treaties (judgment of 6 September 2016, Petruhhin,
C-182/15, EU:C:2016:630, paragraph 42).
110
In accordance with those provisions, the executing judicial authority and the issuing judicial authority
may, respectively, request information or give assurances concerning the actual and precise conditions
in which the person concerned will be detained in the issuing Member State.
111
The assurance provided by the competent authorities of the issuing Member State that the person
concerned, irrespective of the prison he is detained in in the issuing Member State, will not suffer
inhuman or degrading treatment on account of the actual and precise conditions of his detention is a
factor which the executing judicial authority cannot disregard. As the Advocate General has noted in
point 64 of his Opinion, a failure to give effect to such an assurance, in so far as it may bind the
entity that has given it, may be relied on as against that entity before the courts of the issuing Member
State.
112
When that assurance has been given, or at least endorsed, by the issuing judicial authority, if need be
after requesting the assistance of the central authority, or one of the central authorities, of the issuing
Member State, as referred to in Article 7 of the Framework Decision, the executing judicial authority,
in view of the mutual trust which must exist between the judicial authorities of the Member States and
on which the European arrest warrant system is based, must rely on that assurance, at least in the
absence of any specific indications that the detention conditions in a particular detention centre are in
breach of Article 4 of the Charter.
113
In the present instance, the assurance given by the Hungarian Ministry of Justice on 20 September
2017, and repeated on 27 March 2018, that the person concerned will not be subjected to any
inhuman or degrading treatment on account of the conditions of his detention in Hungary was,
however, neither provided nor endorsed by the issuing judicial authority, as the Hungarian
Government explicitly confirmed at the hearing.
114
As the guarantee that such an assurance represents is not given by a judicial authority, it must be
evaluated by carrying out an overall assessment of all the information available to the executing judicial
authority.
115
In that regard, the Court observes that the assurance given by the Hungarian Ministry of Justice
appears to be borne out by the information in the possession of the Bremen Public Prosecutor’s
Office. In response to questions put by the Court, that office explained at the hearing that that
information, which has been gleaned, in particular, from the experience gained in the course of
surrender procedures carried out before delivery of the judgment of 5 April 2016, Aranyosi and
ECLI:EU:C:2018:589
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