The Weekly Law Reports
[2019] 1 WLR 1052
Court of Justice of the European Union
*Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)
(Case C-220/18PPU)
EU:C:2018:547
EU:C:2018:589
2018 June 14;
July 4; 25
July 4; 25
President of Chamber R Silva de Lapuerta,
Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan
Advocate General M Campos Sánchez-Bordona
Judges J-C Bonichot, A Arabadjiev, S Rodin, E Regan
Advocate General M Campos Sánchez-Bordona
Extradition— European arrest warrant— Grounds for non-execution— Requested person arrested pursuant to European arrest warrant issued for purpose of serving custodial sentence— Executing judicial authority having evidence of deficiencies in detention conditions in requesting member state— New legal remedy enabling prisoners in requesting member state to challenge detention conditions— Whether executing judicial authority able to rule out real risk that requested person would be subjected to inhuman and degrading treatment— Whether executing authority required to assess detention conditions in all prisons in which requested person could potentially be detained—
Charter of Fundamental Rights of the European Union
, art 4
—
Council Framework Decision 2002/584/JHA (as amended by Council Framework Decision 2009/299/JHA, art 2(2)), arts 1(3), 5, 6(1)