On Wednesday 18 June, the European Commission referred Poland and Sweden to the European Court of Justice for “failing to comply with the Framework Decision on the European Arrest Warrant”.
In February 2021, the Commission sent Sweden a first letter of formal notice and concluded that Sweden had failed to correctly transpose the provisions regarding the possibility for the issuing judicial authority to request to hear or to temporarily transfer the person pending the decision to surrender and the provisions regarding the requirements related to the hearing pending the decision. A final reasoned opinion was sent in October 2024.
In December 2020, the Commission sent an initial letter of formal notice to Poland. It then considered that some of the grievances persisted. Since 2023, it has continued to consider that Warsaw failed to correctly transpose the provisions related to the mandatory and optional grounds for refusal, the guarantees to be given by the issuing Member State in particular cases, the situation pending the decision and the transit. The Commission sent a reasoned opinion to Poland in April 2024. (Original version in French by Solenn Paulic)