ECJ: Extradition and Consent Required for Sentence Execution

The European Court of Justice (ECJ) has ruled that a judicial authority cannot refuse to execute a European Arrest Warrant and undertake the execution of the sentence itself without the consent of the issuing state.

The decision concerns the application of the European Arrest Warrant (EAW) and the principle of mutual trust between member states.

According to the case, a Romanian national was sentenced in Romania in 2017. In 2020, the Italian authorities refused to extradite him from Italy, where he had been arrested, and decided to execute the sentence themselves, citing reasons of social reintegration.

The ECJ stressed that the refusal to execute an EAW is an exception and requires the consent of the issuing state. Without this consent, the EAW remains in force.

The decision also states that the purpose of social reintegration does not override the principle of mutual trust and the obligation to execute the EAW.

Source: ΚΥΠΕ