Criminal proceedings against ML (Generalstaatsanwaltschaft Bremen intervening)

Subject Matter

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)

(Case C-220/18PPU); EU:C:2018:589; EU:C:2018:547; [2019] 1 WLR 1052; [2018] WLR(D) 517, ECJ

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