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Case C-142/22, The Minister for Justice and Equality (Request for consent — Effects of the initial European arrest warrant: Judgment of the Court (Second Chamber) of 6 July 2023 (request for a preliminary ruling from the Supreme Court — Ireland) — OE v The Minister for Justice and Equality (Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 27 — Prosecution for an offence committed prior to the person’s surrender other than that for which he or she was surrendered — Request for consent sent to the executing judicial authority — European arrest warrant issued by the public prosecutor of a Member State which is not an issuing judicial authority — Consequences for the request for consent)
ECLI:EU:UNKNOWN:62022CA0142
62022CA0142
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21.8.2023
Official Journal of the European Union
C 296/8
(Case C-142/22, (<span class="oj-super oj-note-tag">1</span>) The Minister for Justice and Equality (Request for consent — Effects of the initial European arrest warrant)
(Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 27 - Prosecution for an offence committed prior to the person’s surrender other than that for which he or she was surrendered - Request for consent sent to the executing judicial authority - European arrest warrant issued by the public prosecutor of a Member State which is not an issuing judicial authority - Consequences for the request for consent)
(2023/C 296/08)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: OE
Defendant: The Minister for Justice and Equality
Operative part of the judgment
Article 27(3)(g) and (4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States
must be interpreted as meaning that the fact that a European arrest warrant on the basis of which a person has been the subject of a surrender decision has been issued by an authority which did not constitute an ‘issuing judicial authority’ within the meaning of Article 6(1) of that framework decision, does not preclude the executing judicial authority, to which a request to that effect has been made by an issuing judicial authority within the meaning of Article 6(1), from subsequently giving its consent to that person being prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to his or her surrender other than that for which he or she was surrendered.
Language of the case: English.
* * *
(<span class="oj-super">1</span>) OJ C 191, 10.5.2022.
ECLI:EU:C:2023:140