The European Commission has decided to refer Poland and Sweden to the Court of Justice of the European Union. This action is due to their failure to comply with the Framework Decision on the European Arrest Warrant and related surrender procedures between Member States, as outlined in Council Framework Decision 2002/584/JHA.
The process began in December 2020 when the Commission issued a first letter of formal notice to Poland. Despite an additional letter sent in July 2023, issues persisted regarding transposing provisions related to mandatory and optional grounds for refusal, guarantees from issuing Member States, and conditions pending decisions and transit. Consequently, a reasoned opinion was dispatched in April 2024.
For Sweden, a similar sequence unfolded starting with a letter in February 2021. The Commission identified problems with provisions about judicial authority requests concerning hearings or temporary transfers before surrender decisions. A subsequent letter followed in February 2024, but issues remained unresolved by October 2024 when a reasoned opinion was sent.
The European Arrest Warrant (EAW) facilitates simplified cross-border judicial procedures for surrendering individuals for prosecution or executing custodial sentences within EU Member States since January 1, 2004.
Markus Lammert, spokesperson for the Commission, can be contacted at +32 2 29 67533 or [email protected]. Press Officer Yuliya Matsyk is available at +32 2 29 13173 or [email protected].
