The Question of the Execution of European Arrest Warrants Issued by Public Prosecutor’s Offices

Abstract

The Court of Justice has recently been seized of a series of cases regarding the right to an effective remedy against decisions adopted in the area of EU law as well as the independence of national courts participating in the application of that law. At the same time, a handful of cases have also been referred to the Court with a view to establishing whether the principles of the right to an effective remedy and of independence should also be applied to cases where the public prosecutor’s offices of the member states issue European arrest warrants (EAWs).
In this context, on the one hand, doubts have arisen as to whether the public prosecutor’s offices of several member states, with regard to their relations with other public bodies, can be regarded as “judicial authorities” empowered to issue EAWs under the Framework Decision on the European arrest warrant. On the other hand, the question has been raised whether the EAWs issued by the public prosecutor’s offices of certain Member States can be subject to an effective remedy as required by Article 47 of the Charter of Fundamental Rights of the European Union. 
The cases the Court has so far handled in this area related to the German, Austrian, French, Swedish and Belgian public prosecutor’s offices as well as to the Prosecutor General of Lithuania. The question at issue is not only of theoretical nature but also has an important practical relevance, since, in the light of the Court’s rulings in the aforementioned cases, non-compliance with the principles at issue prevents a EAW from being executed.