Article 4(6) EAW Framework Decision after C.J. (C-305/22): Mutual Recognition, Consent and the Execution of Custodial Sentences

Abstract

In case C-305/22 C.J., the ECJ examined the relationship between Article 4(6) of Framework Decision 2002/584 (EAW Framework Decision), which is an optional refusal ground in connection with the European Arrest Warrant (EAW), and Framework Decision 2008/909. In the main proceedings, the execution of an EAW issued by a Romanian court was refused for the purpose of executing the judgment in Italy, the executing Member State. However, it was unclear whether the consent of the issuing Member State was required to apply that refusal ground. Through the analysis of the interplay between the two framework decisions, the ECJ established that such consent is necessary for the application of the refusal ground. Additionally, it established that the issuing authority should carefully consider its decision to grant consent to the recognition and execution of a judgment imposing a custodial sentence. However, the aspects that should be considered remain unclear, not to mention that Framework Decision 2008/909 does not provide for such a limitation of the punitive powers of Member States. For this, the judgment of the ECJ seems – at least in this regard – contradictory to say the least.