ECJ Grand Chamber Judgment delivered on validity of EAW and surrender procedures between Member States

3 May 2007

Case C-303/05

Advocaten voor de Wereld VZW v. Leden van de Ministerraad

In 2004, the non-governmental organization «Advocaten voor de Wereld» brought an action before the Court of Arbitration of Belgium seeking invalidation of the Belgian Law transposing into national law the provision of the Council Framework Decision of 13th of June 2002 (2002/584/JHA) on the execution of the European Arrest Warrant and the surrender procedures between Member States.

The Belgian Court of Arbitration asked the European Court of Justice for a preliminary ruling.

Advocaten voor de Wereld VZW raised two questions: whether the EAW should not have been regulated by means of a convention instead of a framework decision and whether the Framework decision infringes the principles of equality and non-discrimination as well as the principle of legality in criminal matters by abolishing the requirement of double-criminality for all the criminal offenses enlisted under Article 2 (2) of the Framework Decision. It specifically contested the lack of clear and precise definitions of criminal behaviour, which - in its opinion - gives too much room to Member States to apply the Framework Decision’s content at their will.

The Court denied both arguments.

Addressing the first question, the Court stated that the Council of the European Union is completely free and it is in its power to adopt framework decisions in fields previously governed by international conventions. The Court also recalls that according to Article 31 (1)(a) and (b) EU, the Council is not bound to resort to any specific legal instrument to foster «closer cooperation between judicial and other authorities of the Member States in accordance with the provisions of Article 31 (EU) and 32 (EU)».

About the question of respect of the principle of legality in criminal matters, the Court replied by asserting that all the provisions included in the Framework do not abrogate or infringe the principle of legality in criminal offences and penalties as enshrined and protected under many international treaties, among which stands out Article 7(1) of the ECHR (1950) ratified by all EU Member States.

Finally, on the question of equality and non-discrimination, the Court declared the 32 categories of offences falling under Article 2(2) of the Framework Decision and thus exempted from the requirement of double criminality’s assessment, «feature among those the seriousness of which in terms of adversely affecting public order and safety justifies dispensing with the verification of double criminality.»and that the Framework Decision should be regarded as valid inasmuch as it does not breach Article 6(2) EU.

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ECJ Grand Chamber Judgment delivered on validity of EAW and surrender procedures between Member States

Documents:

ECJ Judgment of 3.5.2007, Case C-303/05.

Council Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States, OJ of 18.7.2002, L 190, p. 1.