Openbaar Ministerie (European arrest warrant - Issuing judicial authority - Opinion) French Text

(Request for a preliminary ruling from the rechtbank Amsterdam (District Court, Amsterdam, Netherlands))

(Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Issuing judicial authority - European arrest warrant issued by a Belgian Public Prosecutor - Condition concerning the existence of an effective judicial remedy against the decision to issue a European arrest warrant)

Once again, the Court of Justice is dealing with references for a preliminary ruling in which it will have to decide whether the Prosecution Authority (in this case, the Belgian authority) may be regarded as an ‘issuing judicial authority’ competent to issue a European arrest warrant (EAW), within the meaning of Article 6(1) of Framework Decision 2002/584/JHA. ( 2 )

The doubts raised by the referring court in this case and in Cases C-625/19 PPU and C-626/19 PPU join those raised by a Luxembourg court (Case C-566/19 PPU) and refer, in particular, to the interpretation to be given to the judgment of the Court of Justice in OG and PI (Public Prosecutors of Lübeck and of Zwickau ). ( 3 )

While in Case C-626/19 PPU the question concerns EAWs issued for the purposes of conducting a criminal prosecution, in the case at issue here the referring court is concerned with EAWs issued for the purposes of executing a custodial sentence imposed by a final judgment.