The Member State of the European Union where a wanted person resides may not refuse the execution of a European Arrest Warrant (EAW) by another Member State where the warrant is intended to ensure the presence of that person in criminal proceedings, ruled the Court of Justice of the EU in a judgment delivered on Thursday 10 April (case C-481/23).
In Spain, in April 2022, the Spanish courts asked the Romanian courts to execute the European arrest warrant issued for a Spanish national who lives in Romania and is contesting his criminal conviction as a co-perpetrator of VAT fraud involving the sale of hydrocarbons worth more than €100 million.
In April 2023, the Romanian court refused to enforce the EAW, arguing that the defendant had proved continuous and legal residence in Romania and that the criminal proceedings were time-barred under Romanian law.
In its judgment, the Court of Justice considers that, in the light of Framework Decisions 2002/584 and 2009/29 governing the EAW, the conditions required for optional non-execution of the mandate have not been met. In particular, it found that the EAW was issued not for the purpose of enforcing a prison sentence, but to ensure the presence of the defendant during the continuation of the criminal proceedings in progress.
Furthermore, notes the European judge, in order to be able to invoke the statute of limitations on criminal proceedings under Romanian law, the facts would have to fall within the jurisdiction of the country in which the EAW was executed. This does not appear to be the case in this instance, as the Spanish courts have indicated that the tax fraud was committed in Spain and was detrimental to Spain’s economic interests.
To see the judgment of the Court of Justice, go to https://aeur.eu/f/gdm (Original version in French by Mathieu Bion)