JUDGMENT OF 25. 7. 2018 –– CASE C-220/18 PPU
GENERALSTAATSANWALTSCHAFT (CONDITIONS OF DETENTION IN HUNGARY)
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Article 17 of the Framework Decision, entitled ‘Time limits and procedures for the decision to execute
the European arrest warrant’, provides:
‘1. A European arrest warrant shall be dealt with and executed as a matter of urgency.
2. In cases where the requested person consents to his surrender, the final decision on the execution
of the European arrest warrant should be taken within a period of 10 days after consent has been
given.
3. In other cases, the final decision on the execution of the European arrest warrant should be taken
within a period of 60 days after the arrest of the requested person.
4. Where in specific cases the European arrest warrant cannot be executed within the time limits laid
down in paragraphs 2 or 3, the executing judicial authority shall immediately inform the issuing
judicial authority thereof, giving the reasons for the delay. In such case, the time limits may be
extended by a further 30 days.
5. As long as the executing judicial authority has not taken a final decision on the European arrest
warrant, it shall ensure that the material conditions necessary for effective surrender of the person
remain fulfilled.
…
7. Where in exceptional circumstances a Member State cannot observe the time limits provided for in
this Article, it shall inform Eurojust, giving the reasons for the delay. In addition, a Member State
which has experienced repeated delays on the part of another Member State in the execution of
European arrest warrants shall inform the Council with a view to evaluating the implementation of
this Framework Decision at Member State level.’
German law
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The Framework Decision was transposed into the German legal order by Paragraphs 78 to 83K of the
Gesetz über die internationale Rechtshilfe in Strafsachen (Law on international mutual legal assistance
in criminal matters) of 23 December 1982, as amended by the Europäisches Haftbefehlsgesetz (Law on
the European Arrest Warrant) of 20 July 2006 (BGBl. 2006 I, p. 1721) (‘IRG’).
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Under Paragraph 29(1) of the IRG, the Oberlandesgericht (Higher Regional Court, Germany) is to give
a ruling, at the request of the Public Prosecutor’s Office, on the legality of the extradition where the
individual sought has not consented to extradition. The decision is to be made by order, in
accordance with Paragraph 32 of the IRG.
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Paragraph 73 of the IRG provides:
‘In the absence of a request to that effect, mutual legal assistance and the transmission of information
shall be unlawful if contrary to the essential principles of the German legal system. In the event of a
request under Parts VIII, IX and X, mutual legal assistance shall be unlawful if contrary to the
principles stated in Article 6 [TEU].’
ECLI:EU:C:2018:589
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